Tier 1 Ext- Refused /12 months period earning

[ELD]

Dear Moderators,

I am hoping you may be able to advise.

I put in person application following an immigration lawyer's advice that I can show 13 payslips in a 12 months period. He had similar cases using the same route and were successful.

This is however being refused by UKBA with the exact same reason. I have an opportunity to put in an appeal.

My questions are:

1. What is the definition of 12 months earning ? Is it 12 months' work ? Or as long as payments were credited into the bank during a 12 month period?

2. What do you think of the chances of successful appeal?

I look forward to your advices. Many thanks in advance !

[bestprint]

there are 52 weeks in a year. and if a company pays 4 weekly then there can be 13 payslips in one year.
My company pays 4 weekly and last time i applied for my tier 1 and showed my 13 payslips with in one year and all were accepted.

Dear Moderators,

I am hoping you may be able to advise.

I put in person application following an immigration lawyer's advice that I can show 13 payslips in a 12 months period. He had similar cases using the same route and were successful.

This is however being refused by UKBA with the exact same reason. I have an opportunity to put in an appeal.

My questions are:

1. What is the definition of 12 months earning ? Is it 12 months' work ? Or as long as payments were credited into the bank during a 12 month period?

2. What do you think of the chances of successful appeal?

I look forward to your advices. Many thanks in advance !

[ELD]

[quote="bestprint"]there are 52 weeks in a year. and if a company pays 4 weekly then there can be 13 payslips in one year.
My company pays 4 weekly and last time i applied for my tier 1 and showed my 13 payslips with in one year and all were accepted.


Hi, thanks for your reply.

Could you please give an example of 4 weekly pay?

My company pays on every 23rd of the month, and if it falls on a weekend/ bank holiday, then we get pay earlier.

In my situation, I showed 23/6/2011 - 22/6/2012 with 13 pays slips and it was refused.

[private1]

there are 52 weeks in a year. and if a company pays 4 weekly then there can be 13 payslips in one year.
My company pays 4 weekly and last time i applied for my tier 1 and showed my 13 payslips with in one year and all were accepted.


Hi, thanks for your reply.

Could you please give an example of 4 weekly pay?

My company pays on every 23rd of the month, and if it falls on a weekend/ bank holiday, then we get pay earlier.

In my situation, I showed 23/6/2011 - 22/6/2012 with 13 pays slips and it was refused.

If you get pay on every 23rd of month and the 1st payslip/income you counted of23/06/2011 with your income period of also starting from 23/06/2011 then the HO decision is CORRECT as that pay is for the last month so you can not count that

[thebionicredneck2003]

Hi,

The key thing is do you qualify for the extension with only 12 slips and not 13?

I agree with the previous poster, you should show salary for June to May (inclusive) and not June to June (inclusive)


Kind Regards

[email257525]

U count the pay period/working period yourself

23 06. 22 07
23 07. 22 08
23 08. 22 09
23 09. 22 10
23 10. 22 11
23 11. 22 12
23 12. 22 01
23 01. 22 02
23 02. 22 03
23 03. 22 04
23 04. 22 05
23 05. 22 06

The above is whole 12 months, if you hvd included 23 05 to 22 06 on the very top then it becomes 13 months pay

Hope it is answered

[longshift]

there are 52 weeks in a year. and if a company pays 4 weekly then there can be 13 payslips in one year.
My company pays 4 weekly and last time i applied for my tier 1 and showed my 13 payslips with in one year and all were accepted.


Hi, thanks for your reply.

Could you please give an example of 4 weekly pay?

My company pays on every 23rd of the month, and if it falls on a weekend/ bank holiday, then we get pay earlier.

In my situation, I showed 23/6/2011 - 22/6/2012 with 13 pays slips and it was refused.

If you get pay on every 23rd of month and the 1st payslip/income you counted of23/06/2011 with your income period of also starting from 23/06/2011 then the HO decision is CORRECT as that pay is for the last month so you can not count that

Totally Agree. Your pay on 23/6/2011 is for June 11. And so on. So you claimed earning from June 11 to June 12. It should have been June 11 to May 12.

You have no one to blame but your agent. He should have not suggested you to go forward with your application. And its common sense too.

I am sorry for what has happened. But don't go with appeal, you will only waste your time. My suggestion is to apply again with 12 month pay if you are eligible. And have time in your visa.

[Tier1immigrant]

Right of appeal is not given to people who have visa remaining, so he would have run out of his visa. Does that mean ELD will have to leave this country and everything he has established here over the course of time?

[ELD]

[quote="Tier1immigrant"]Right of appeal is not given to people who have visa remaining, so he would have run out of his visa. Does that mean ELD will have to leave this country and everything he has established here over the course of time?[/quote]

You are right. I can't put in a new application as the existing visa has run out. And you rightly ask the latter question - I would be interested to learn if it matters to UKBA, but I doubt so.

Allow me to ask another question. What about a bonus for the period of work which was paid after the defined period, will it be counted as part of the earnings?

[private1]

Right of appeal is not given to people who have visa remaining, so he would have run out of his visa. Does that mean ELD will have to leave this country and everything he has established here over the course of time?

You are right. I can't put in a new application as the existing visa has run out. And you rightly ask the latter question - I would be interested to learn if it matters to UKBA, but I doubt so.

Allow me to ask another question. What about a bonus for the period of work which was paid after the defined period, will it be counted as part of the earnings?

No it can not be counted as it is paid after the period

[cs95tdg]

Allow me to ask another question. What about a bonus for the period of work which was paid after the defined period, will it be counted as part of the earnings?

If the bonus payment was for a period that's not within the 12 month period you are claiming points for, you can't.

I.e. from my interpretation of the rules, what's relevant is when you earned the income & not when you were paid. I mention this as I know sometimes bonuses are paid at the end of the year in a seperate payslip. If this happens you will need evidence to support the claim that the bonus payment is for the specific period in question.

The key for income to be considered towards your points is that, they must have been earned within the 12 month period you are using towards your previous earnings.

[ELD]

If the bonus payment was for a period that's not within the 12 month period you are claiming points for, you can't.

I.e. from my interpretation of the rules, what's relevant is when you earned the income & not when you were paid. I mention this as I know sometimes bonuses are paid at the end of the year in a seperate payslip. If this happens you will need evidence to support the claim that the bonus payment is for the specific period in question.

The key for income to be considered towards your points is that, they must have been earned within the 12 month period you are using towards your previous earnings.[/quote]

Thank you for your reply and to all the others.

Perhaps I am in the situation, I would like to think one can argue on the basis where how much you were paid during the period of time.

Are there anyone who had an appeal experience? Is it possible to provide new documents at the appeal ,i.e. for example bonus with letter of support?

[cs95tdg]

Perhaps I am in the situation, I would like to think one can argue on the basis where how much you were paid during the period of time.

That's a rather strange way of putting it. You will need to know or find out whether that income was earned during the 12 month period in question or not. Theres no perhaps about it. Note that the amount you were paid does not matter (though obviously it would need to be sufficient for the purposes you require it for here), I.e different people get paid bonuses that range from one end of the spectrum to the other and these amounts vary vastly depending on many factors, such as performance, industry sector, length of employment etc...

[ashazhang]

Tier1 - not allow to provide new documents at the appeal

[h222]

Although You have submitted 13 months salary but if your points completes in the latest 12 months then Case worker cannot reject it as He will consider the lastest 12 months salary.