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Could you please explain yourself clearly...i am bit confused. According to your first post you said that the HO calculated previous earning as 23K+ without the 10 weeks pay in India. And you claimed 26+. Now this 26+ that you claimed...does this include thr 10 weeks he worked in India?kck9 wrote:But he is not claiming any points.
According to the guidance notes, he just need to provide the details of the longest period that he spent (in his case it was UK).If you have lived and worked in more than
one country during the past 15 months we
will normally assess your income over a 12-
month period against the country where you
have spent the longest period, on a pro-rata
basis. For example we consider a period of
up to 12 months in the last 15, so that if you
have spent 8 of the months in the United
Kingdom and 4 in Nigeria, we will take your
earned income in the United Kingdom, divide
it by eight and multiply it by 12 to give an
annual income figure. You will then be
allocated points appropriate to that figure. if
you wish to have your earnings calculated on
a pro-rata basis, you should supply supporting
evidence to cover the full earnings period
claimed. You need to submit the appropriate
forms of evidence for consideration for the
earnings period claimed(see below).
Why dont you try to taalk to the caseworker directly and try to get the reason for rejection. And see if a review would help or you need to make fresh application. i have seen few posts i different forums where the caseworker did not pay proper attention to the facts and later advised the applicant to submit for reviewkck9 wrote:Yes it was completely explained. Also can anyone drop in some suggestions whether we need to provide the 2 valid proofs for the salary that he earned in India, but claiming the points on Pro-rota basis for UK based salary.
Please drop you suggestions
this means that he expected 2 proofs and I suspect that he hasn't seen the Indian employer letters completely(do you think this can happen).we are unable to pro-rota your UK earnings as you have not provided two pieces of evidence for your work in india in the period 05/2006-07/2006 (10 week period), and we therefore unable to confirm your earnings for this period. We have therefore considered the accumulation of your UK earnings for this section.
you are absolutely right. But my doubt is, if one is having a valid visa for certain period, it is obvious that we are out of the country and also he has provided the passport pages copies to show the date of entries etc. Do u think he still need to consider India income. what if one went to India and he never worked and he is just saying that I lived in 2 countries (UK-10 months and India (2months) do we still need to prove that we were working in India or can he directly consider the UK salary only.The caseworker might well have seen the employer's letter (presuming that it indicates that the work was salaried and gives the earnings amount retrospectively) as one form of evidence, but then the second item, from what you suggest, would not have been counted as a payslip. The settlement slip, what is that, exactly?
From what you've written, it then sounds like your cousin is missing the second corroborating piece of evidence for salaried employment that the caseworker needed to see - payslip or tax return. Unless one can demonstrate that the settlement slip is, in fact, a payslip, I'm not sure whether a review would succeed. And even if one did argue that the settlement slip was a payslip, one would still run into the problem that the caseworker or his manager might re-classify the work in India as contract work, rather than salaried employment, and thus further raising the evidentiary bar additionally to include bank statements showing deposits (I hope your cousin submitted bank statements showing all earnings, esp those in India).