Urgent:Tier1 application refused

[kumarsat]

Hello all,

Unfortunatley my Tier 1 application has been rejected by a case worker as he couldnt verify my pay slip with the employer. I submitted original payslips and original Bank statement to claim 35 points under Pervious earning.
My Application date was 10th march and it has been rejected now on 10th april. They have not given me appeal right, no AR, and I cannot make a fresh application as under new rule I i dont meet required number of points.

As I am on deputation in UK, I cannot expect employer to be very supportive in terms of demanding specific written documents. All supported document were genuine and original. I am quite disappointed to see this refual on a ground which is totally beyond my control.

I know this is a well known forum to seek advise on such worries and look forward for your kind attention over this matter by showing me some positive way to get this sorted. Thank you.

Regards,

[vinny]

When does your current leave expire?

[push]

Hello all,

Unfortunatley my Tier 1 application has been rejected by a case worker as he couldnt verify my pay slip with the employer. I submitted original payslips and original Bank statement to claim 35 points under Pervious earning.
My Application date was 10th march and it has been rejected now on 10th april. They have not given me appeal right, no AR, and I cannot make a fresh application as under new rule I i dont meet required number of points.

As I am on deputation in UK, I cannot expect employer to be very supportive in terms of demanding specific written documents. All supported document were genuine and original. I am quite disappointed to see this refual on a ground which is totally beyond my control.

I know this is a well known forum to seek advise on such worries and look forward for your kind attention over this matter by showing me some positive way to get this sorted. Thank you.

Regards,

Can you post exact wordings of rejection and also inform us of what happened when your employer received the verification call from HO (I guess this happened and you know about what transpired)

[VK82]

Hello all,

Unfortunatley my Tier 1 application has been rejected by a case worker as he couldnt verify my pay slip with the employer. I submitted original payslips and original Bank statement to claim 35 points under Pervious earning.
My Application date was 10th march and it has been rejected now on 10th april. They have not given me appeal right, no AR, and I cannot make a fresh application as under new rule I i dont meet required number of points.

As I am on deputation in UK, I cannot expect employer to be very supportive in terms of demanding specific written documents. All supported document were genuine and original. I am quite disappointed to see this refual on a ground which is totally beyond my control.

I know this is a well known forum to seek advise on such worries and look forward for your kind attention over this matter by showing me some positive way to get this sorted. Thank you.

Regards,

Can you post exact wordings of rejection and also inform us of what happened when your employer received the verification call from HO (I guess this happened and you know about what transpired)

In addition to Push_HSMP's question; were your payslips from UK employer or non UK employer?

[kumarsat]

Thanks for looking into this thread guys.

@vinny, I am on WP and it expires on April2010. In the refusal letter, there is a line which quote "In making the decision to refuse your application, care ful consideration has been given to the following:
On 14th April 2008 you were granted leave to enter the United Kingdom as Work Permit holder untill 11 APril 2010."

@push_hsmp
Exact wording:
=============================
We have attempted and have been unable to verify the documents supplied with your application, using standard procedures. The document we have been unable to verify are the payslips from ********.

We therefore cannot be satisfied that the evidence supplied meets Tier1 (General) requirement and as a result this evidence has not been considered by Assessing Officer

As additional verifiable evidence was not supplied with your application, no points have been awarded for this area"
=============================

Regarding HO enquiry to HR, There is only one HR in UK contact office, and she went off on maternity leave (right after I applied) while the person took responsibilites for time being, sits on client location.
I dont think they would have tried calling to my India office, whose contatc details were there in cover letter.
I learnt this from Customer care representative that there was no response from my employer on their query.
In case i would have known about their enquiry attempt, I must have followed it.
Should I keep my hope up? as with new policy changes I cannt make a fresh application too


@vk82
My payslips are original UK standard payslips. My employer is Indian company but I am deputed to client location under their UK office.

Any help to move on?

[beatallica]

...

[gotcha]

when did you receive your reply? did they send all the docs by post or did they contact you by some other means? And I submitted my app on 12 Mar, so i was wondering...

Dear, why you are interfering with other's thread, if you have specific query , should ask in separate thread or search forum. Imagine, if you are in such a trouble and someone trying to highjack thread. Learn some forum manners.

[maheshnair]

Hello all,

Unfortunatley my Tier 1 application has been rejected by a case worker as he couldnt verify my pay slip with the employer. I submitted original payslips and original Bank statement to claim 35 points under Pervious earning.
My Application date was 10th march and it has been rejected now on 10th april. They have not given me appeal right, no AR, and I cannot make a fresh application as under new rule I i dont meet required number of points.

As I am on deputation in UK, I cannot expect employer to be very supportive in terms of demanding specific written documents. All supported document were genuine and original. I am quite disappointed to see this refual on a ground which is totally beyond my control.

I know this is a well known forum to seek advise on such worries and look forward for your kind attention over this matter by showing me some positive way to get this sorted. Thank you.

Regards,

Hmm that is horrible ....
A year back my roomate who worked for an Indian company when applied via a Lawyer for tier1 clearly mentioned in covering letter
something like as suggested by lawyer since my roommate was really afraid of loosing job .

"my client is applying tier1 in discretion from his employer , who would not entertain employees transfering WP or changing status ,So a verification could affect his current Job and relation with his employer .So please do the verification only if you really feel necessary"

In addition to this i am sending a notorized letter stating that the payslips and p60 and its contents provided by my client is genuine as per documentation act in court of uk blahvblah ....somthing like this "

Looks like nobody called his employer ....he got his visa ..
But again the case worker can verify even if you put this in covering lettter if he really feels something is wrong ....


I think you can take the help of a lawyer quickly and make an appeal . since you cannot reapply ...appeal is only option left ....
This rejection is a criteria which is beyond the control of applicant ..A good lawyer can make some really good legal points .do it quickly ....goto a really challenging lawyer ....he should be horribly good ...

[vinny]

I think you can take the help of a lawyer quickly and make an appeal . since you cannot reapply ...appeal is only option left ....

I am on WP and it expires on April2010.

Unfortunately,

there is no right of appeal under section 82 against the refusal of an in-time application if the applicant still has leave when the refusal decision is notified.

[VK82]

You are in a very unfortunate situation which is definately not your mistake. The way forward from here is to get in touch with a solicitor, you will need help from your employer as well. I have a feeling there was miscommunication or misunderstanding from your employer and HO. You mentioned that HR lady went for her maternity leave and I guess her post was covered by a temp new guy. Since you are on deputation here, chances are you are not on their permanent employee database or on payroll. This suggests that the new guy wasnt competitive enough to supply the right info.
I am assuming this scenario because HO was swift enough to reach their present conclusion which can happen only when they receive info from other party quickly and in your case it was negative. In case they dont receive any info they wait a bit longer before refusing.
So I think you should speak to your employer about this and see if they made any mistake, if they were not contacted at all then you can get a letter from them (depends how far they can go in helping you out) clarifying, your payslips are genuine and they were not contacted or they made a mistake (whatever applies), asking for a review.
Also get in touch with a solicitor.....I feel you have a chance and this is the way forward if you want to fight it out.

Good luck!!

[LankanFunkin]

Idea that just popped into my head, which could help in getting the documents required for when you reapply (hopefully, with a good lawyer, per the advice given on this thread):

Tell your HR department that you would liketo take some time off (a bunch of bankholidays are coming up!) to take a short holiday to another country in Europe, and you require a letter giving the details of your deputation, your title, and salary. I've had my HR department write similar letters for me each time I've had to apply for a schengen visa, so it is a legitimate reason to ask for one. The letter doesnt have to be specifically addressed to any particular embassy, it could be a "to whom it may concern". Just make sure its got the right trimmings: i.e. letterhead, signature, etc.

[kumarsat]

@VK82
Refusal on such ground make me feel worse. Anyway Do you think it owuld be a good idea to sent a request for review letter the Home office and if I donot hear anything within a week, I shld try contacting a lawyer?

@LankanFunkin
Thats a brilliant idea. though I had put somem crap reason asking for such letter, however I will try to patch up this with schangen idea. thanks a lot.

@maheshnair
I appreciate your comments and I think that lawyer option is only way left out.

Guys,
If I think of going to a lawyer, can somebody route me to a good lawyer, if know to you?

[VK82]

[quote="kumarsat"]@VK82
Refusal on such ground make me feel worse. Anyway Do you think it owuld be a good idea to sent a request for review letter the Home office and if I donot hear anything within a week, I shld try contacting a lawyer?

Try and find out from from your employer if they were contacted by HO or not. If they were, then just ask them casually if they are ok to issue you a letter regarding the genuinity of your payslip.
You have to win an appeal because with the current changes you cant qualify. You have to explain this to HO with the backing of your employer asking them to review your application as this was your only chance. At the moment this is the only way forward and there is nothing to lose.
Good luck!