T1extn -Date of Activation & India Salary[UKBA apologies

[stalwar]

Hi,
I am trying to get my tier 1 visa extended and would appreciate help and advise.

I obtained the tier 1 visa on 4th Jan, 2011. However, I did not enter UK till 31st March 2012. Now, my visa is up for extension on 4th Jan 2013 and therefore I took an appointment with Glasgow PEO for 1st Dec 2012.

I am(was) claiming 20 points for Salary in the following way
4 months Indian salary from 1st Dec 2011 to 31st March 2012
8 months UK salary from 1st April 2012 to 30th Nov 2012

However, when I went for the personal appointment to my surprise the case officer told me that the Indian salary cannot be considered.

He gave me a concept of Activation of Visa and said that in your case the activation happened on 31st March and therefore all the rules related to Extension come into effect from that point onwards. He further told me that if I disregard your Indian salary your points fall back to 15 and you fall short of Salary and therefore if he considers my case he will reject it.

I had a discussion with him and the senior staff to show me from the UKBA website or the rules where this is mentioned. They couldn't give me a regulation but said it was "logical" and the Tier 1 visa is a "gift that he have given you and you did not use it for 4 months in this year".

The only good thing is he did not charge me any money. Plus, my visa expires on 4th Jan 2013 and if I add my December salary I again go back to 20 points. However, that would mean applying my post as it is next to impossible to get appointment dates again.

I would like to hear your opinion regarding this. If someone could shed some light on my situation plus any rule or regulation where it is clearly mentioned what can be added in the salaries.

Further, what kind of recourse do I have here?

Appreciate all your help in advance

[stalwar]

Would really appreciate any suggestions here. As feared, I am not getting any appointments and I have searched and searched and I have not found any reference on the basis of which the case worker refused to accept my application.

[ukquery]

Hi - I am also a bit confused why they are rejecting even when u fill in as per PBS!

As per Tier 1 Gen renewal point based calculator it even takes Indian salary! Try taking advise with a Solicitor.

I am in similar (or almost like that type) situation -

My Tier 1 due for renewal by 30th April 2013.

I was employed in UK from 2009 to 2011 April. Then my employer had transferred me to India location. I had to leave UK that time as I was unable to find any suitable job that time to run my family.

I have got a permanent job offer in UK, which is starting in UK from January 2013 and I will be applying for my Visa renewal after March 2013.

My query is -

A. If I meet the points even then do you see any problem in my visa extension as I was out of UK for 1 yr 8 months?

B. I am also doing freelancing / consulting for UK companies from November 2012 from India only to make up my UK earning. I hope I can show this as my UK earning during filling the PBS form?

Thanks & Regards,

[stalwar]

@ukquery : If i go by what the case officer told me you should be fine.
Since you entered UK your visa was activated and therefore now if you go back to India you can put your indian salary.

However, I am not convinced he is correct. I think you can show your Indian salary either ways.

[ukquery]

But I was paid in INR by my employer in India and that means I was not paying Tax in UK for last 1 Yr & 8 month.

Now, from Jan 13 I will be again in UK payroll and I need to apply for xtention on April 13.

So, I am bit concerned for this 1 yr 8 mon GAP - if they take this as issue! Don't know mate - I am expecting some advise from the seniors of this forum

Thanks in advance!

[mr_pankaj]

This is REALLY REALLY bizarre, as I have my appointment tomorrow and I am in the similar situation. i.e. Had Tier-1 issued in Oct 2009 and only entered UK in Aug 2012. I have NEVER read anywhere in this forum or UKBA site which says that one has to use the date of first entry (i.e. Entry clearance) for the point calculation of Tier-1(General) visa extension.

Infact, I was just going through the UKBA points calculator and when I clicked on the "Help on this question" for the question "Enter the date of your first successful Tier 1 application." I see the below point mentioned in the help section.

"The rules for applying under Tier 1 of the points-based system have been amended from time to time. The date on which you applied determines which version of the rules applied to your first successful application and which apply to your extension. For example if you applied on 30th March 2009, the rules were different to if you applied on 31st March 2009. You must enter a date of initial application which falls within the correct period you actually applied, as failure to do so may result in you assessing against a date which is not applicable to you and receiving an incorrect assessment from the calculator."

Link: https://www.points.homeoffice.gov.uk/gu ... R_502_HELP


Experts/Experienced People - Could you please confirm my understanding is correct here and/or if I am not missing out anything?

As I said above I am intending to file my T1G extension with 8-months Indian salary plus 4-months UK salary and the first time I entered UK was 2.5 years after my first Tier-1 visa was issued.

Appreciate you prompt comments. Thanks.

[ukquery]

Hi Pankaj,

As you are saying you have Tier 1 extension appointment tomorrow - I want to wish you best of luck mate!

Let me know the outcome - I am sure you would make it but have you consulted any solicitor already for verification?

Cheers!

[stalwar]

I have talked to multiple solicitors since morning and all of them are of the view that the case worker was at fault here. However, they are suggesting there is no point in complaint.

I am really pissed at this. I spent close to 300 pounds to go to glasgow without any result.
Now, the solicitors are asking me to shell out somewhere between 700 to 1600 pounds for them to get me a date (and file my application) and I have no recourse against UKBA.

I called up UKBA's immigration advise helpline and they said they are not caseworkers and you should read the policy guideline regarding this. I told her that I did and then she suggested to write to Glasgow PEO which also I did. Predictabily there is no response.

I am still waiting for some senior folks here to respond. I would appreciate your help & advise here.

[stalwar]

Posting again as I am hoping someone senior could reply

[stalwar]

So, I received a call from UKBA glasgow and they have now admitted their mistake. They said they have checked with the UK policy and they were in the wrong.

The lady gave me a few options to correct it
1) A new date in Glasgow
2) Enrolling my case in yet to be released premium postal service where they would give me a response in 5 days.

I told her I would like to go with option 2 but 2 days later she said she hasn't yet been able to enrol me. At that time, I suggested that let me send Glasgow PEO my documents by post. You can treat it as a premium application (and charge me the same ) and give me back the response by post and I will get the biometric done from a post office.

To my surprise she agreed and today the caseworker called me to confirm I have got my visa. Thanks everyone for their help and I am updating the thread to help anyone who might be in the same situation.

[ukquery]

That is great Indeed! - Congrats - so do u show only Indian salary slips or also the bank statements? - Cheers!

[stalwar]

@ukquery : by the time, PEO glasgow replied I had already received my december salary. With my december salary added I made my qualifying points and therefore in order not to confuse them I refrained from showing my indian salary.

However, it is perfectly acceptable to show Indian salary with
a) payslips
b) bank statements

and contact address of your HR and bank in case UKBA wants to verify.
Best of luck

[ukquery]

Hi, Other than being employed in India I did few consulting to some UK firms and received payment in my UK bank account.

Currently I am in UK with another employer

My query -

A. Are those earning (earned when residing in India but earned in GBP) are taxable to HMRC? (I have not yet registered as self employed, as just came back in UK)

B. If I need to show those earning for my Tier 1 extension - can I do that? If yes by what means?

Regards,