@Shah05 Thank you very much for your time, kind words (I really need these) and guidance.Shah05 wrote:@naveediiqbal, u think if you have calculated the period correct than your chances to win the Appeal is very strong, but what I would say to make sure is to take opinion for atleast 3 different solicitors. And if they say your calculation is right than there you go. No need to worry. Also my first refusal was in May 2013, I took 1st hearing in January 14, than HO appealed again my positive decision. And another appeal took place in mid may 14, and just end of April have received the decision. So I mean to say is there are chances of waiting minimum of a year period over all as u have appealed.
As far as period calculations the Tier 1 Guidance version 11/2014 (this was latest when I applied) para 76 says
"You can claim points for previous earnings in any single, consecutive 12-month period during the 15 months immediately before the date of applying.
and para 78 says
"If you claim for a period of earnings that is more than 12 months, or have not indicated a period for assessment of earnings, we will assess the most recent period of 12 months for which you have provided evidence."
The wordings from refusal letter (application date as per letter is 26 January 2015) says
"You have claimed earnings for the period of 01 November 2013 to 31 October 2014. In your application, you have provided evidence of your previous earnings, as specified in the Appendix A of the Immegrational Rules, from the period 22 October 2013 to 07 November 2014.
The evidence you have provided in the form of wage slips from Employer 1 and Employer 2, and bank statements from Bank A and Bank B.
However, as the evidence you ahve provided covers a period that exceeds the 12 months period permitted, we have only been able to assess those earnings from the period 08 November 2013 to 07 November 2014."
My point of appeal is that the caseworker accepting that I have claimed the 12 months period which was within 15 month immediately before the date of applying. which is exactly as per immigration rule then why they changed the earning period (There is no line in guidance which allows to change the period based on evidence provided.
I have provided employment payslips and bank statements and P45, P60 (all refrerenced to show thew amount and period claimed 1 Nov 2013 to 31 Oct 2014).
No a clue why the caseworker has arrived at a different peiod (which in my view is against the immigration rules).
I have discussed with a solicitor and he drafted the appeal latter / grounds of appeal for me to challange the HO decision. He says its caseworkers mistake going apart from what guidance says.
Let see what wil be the outcome. Due to a caseworker mistake we are ended up stranded in a very difficult situation mentally, can't travel any where and its always back in our mind haunting us that we have a visa refusal which is making our like misrable. Just becuase of someones mistake.
Thanks again for your time and advise.
