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Refusal of Tier1 General - help needed

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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reddy2011
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Refusal of Tier1 General - help needed

Post by reddy2011 » Wed Feb 09, 2011 5:31 am

I've applied for UK Tier 1 General visa from VFS Bangalore on 7th December 2010 and I have shown previous earnings both from salary, variable pay and self-employed income. Ukba considered only Salary and Seld_employed income but not the variable pay (Incentive), then total earnings according to ukba is 48946 pounds and awarded only 25 points where i need 30 points to get final total 80.

Here my question is , I got variable pay of Rs 42000 as a cheque from my salaried company, so I produced letter from company and a bank statement as two proofs of income. Can I appeal the same? Does anyone shown variable pay as source of income?

Your help is appreciated..


Thanks,
Praneeth

geriatrix
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Re: Refusal of Tier1 General Bangalore help needed

Post by geriatrix » Wed Feb 09, 2011 8:32 am

reddy2011 wrote:Can I appeal the same?
No. You may only request an administrative review

Why is the variable pay (incentive) not declared on the payslips?


regards

reddy2011
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Re: Refusal of Tier1 General Bangalore help needed

Post by reddy2011 » Wed Feb 09, 2011 11:22 am

sushdmehta wrote:
reddy2011 wrote:Can I appeal the same?
No. You may only request an administrative review

Why is the variable pay (incentive) not declared on the payslips?


regards
Thank you..

Even in my hike letter it is monthly component but company gives at the end of the year which does not inclide in any payslips. This incentive was given for the FY 2009-10 on Jan 2010. I have paid tax for the same amount and submitted the ITR returns copy to UKBA.

In detail I expained here, please have a look and help me,

I have shown previous earnings from the following sources of income,
1) Accord's Salary from Dec 2009 to Nov 2010 (Rs.563595= £7879.15 @0.01398)
2) Second company salary from Sep 2010 to Nov 2010 (Rs.36000= £503.286 @0.01398)
3) Third compamy salary from Oct 2010 to Nov 2010 (Rs.61000= £852.79 @0.01398)
4) Accord's Incentive pay (Rs.36000=£503.286 @0.01398)
5) Accord's LTA (Rs.6000=£83.831 @0.01398)

Toatal earnings Rs.702595 = £52058.1
Points claimned: 30

But ECO has considered only first above three but not 4th and 5th sources of income,
1) Accord's Salary from Dec 2009 to Nov 2010 (Rs.563595=£7879.15 @0.01398)
2) Second company salary from Sep 2010 to Nov 2010 (Rs.36000=£503.286 @0.01398)
3) Third compamy salary from Oct 2010 to Nov 2010 (Rs.61000=£852.79 @0.01398)
Toatal earnings Rs.660595 = £48946.7
Points awarded: 25

I got Admistrative review request notice from UKBA.

According to immigration rules, http://www.ukba.homeoffice.gov.uk/worki ... s/#header6 , we can show salaries (including full-time, part-time, and bonuses).

These are the documents submitted to UKBA as proof of income,
1. Letter from company saying incentive paid so and so amount, cheque no and date.
2. Bank statement which reflects the cheque no. on particular date.
3. I have paid tax for the same amount and submitted the ITR returns copy to UKBA.

Incentive and LTA has paid in Jan 2010.
Letter from company clearly says "This amount of Rs.36000 is paid to you as a one-time incentive and contributes to your gross income".

Note: Letter from company has taken on Nov 23, 2010. I applied on Dec 07, 2010.

Seniors please help me how to approach?

What should I ask in Administrative review?

Your help is highly appreciated..

Thanks,
Praneeth

chandu1234
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Post by chandu1234 » Fri Feb 11, 2011 12:43 am

reddy2011,

UKBA did RIGHT.

UKBA wont consider the amount (Variable Pay)which is not in the payslips. Because you are saying Intensives are come under Gross Salary, then that amount must show in the payslip,even if you paid the tax for that.


If you the Variable pay then company must show in the pay slips and the same will credit into bank.

I don't think so how the company will pay by cheque. Everything should be credit by BACS only. If you are new joiner and don't have any bank account/delayed in the a/c opening at that time some companies will give cheques, but the same will show in the payslips----even if is variable pay also.

here you haven't show the proof in pay slip against the Bank statement. Company letter never accepts as proof for this.

reddy2011
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Post by reddy2011 » Fri Feb 11, 2011 4:58 am

Thank u chandu.

In my salary revision letter for the year April, 2009, it is mentioned like Incentive 'll be paid at the end of the year. So yearly income is not shown in payslips. Incentive paid me is for the year FY 2009-2010.

I produced latest salary revision letter for the year April, 2010 to UKBA.

I asked my HR to include this in pay slips but he disagreed and later I requested for separate letter for the same amount.

Salary always credit into my account but sometimes my company gives me extra income in cheques.

UKBA always asks two evidence for every source of income, RIGHT?

I feel company letter is also one evidence and bank statement is second evidence, seniors please help me on this.

chandu1234
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Post by chandu1234 » Fri Feb 11, 2011 9:39 pm

"it is mentioned like Incentive 'll be paid at the end of the year. So yearly income is not shown in payslips "


so Incentive will be paid at the end of the year.... means will come in one pay slip (last month of end of year).. they will credit into salary+incentive combined or salary separate and Incentives separate.

If your company wont show any thing in the payslips...for that ... then you should take letter from your finance dept/account with seal and signature....for that you need highlight your offer letter...for that FIGURE.The three must match....

bank stmt, account letter and offer letter which having Incentive amount.

geriatrix
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Post by geriatrix » Sat Feb 12, 2011 1:51 am

reddy2011 wrote:UKBA always asks two evidence for every source of income, RIGHT?
But here the source is income is one - your employment with a single employer (Accord). So two evidence(s) for Employer 1 (Accord) - payslips and bank statements or letter from employer and bank statements!



regards

chandu1234
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Post by chandu1234 » Sun Feb 13, 2011 12:29 pm

sushdmehta wrote:
reddy2011 wrote:UKBA always asks two evidence for every source of income, RIGHT?
But here the source is income is one - your employment with a single employer (Accord). So two evidence(s) for Employer 1 (Accord) - payslips and bank statements or letter from employer and bank statements!



regards

-----------------

This is for normal cases...

But here he submitted payslips,bank statements and company letter also for one company income.

for monthly salary--pay slips and bank statements
for variable pay --- company letter and bank statement.


Anybody obliviously got the doubt on this.

reddy2011
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Post by reddy2011 » Sun Feb 13, 2011 3:42 pm

Thank u very much....

But ECO has not given any comment why he has not considered Incentive Pay as part of my Previous earnings?

today , I applied for AR requesting to reconsider my Incentive part as part of my Previous earnings, proofs has been submitted along with the application.

Let's see....

Thanks..

chandu1234 wrote:
sushdmehta wrote:
reddy2011 wrote:UKBA always asks two evidence for every source of income, RIGHT?
But here the source is income is one - your employment with a single employer (Accord). So two evidence(s) for Employer 1 (Accord) - payslips and bank statements or letter from employer and bank statements!



regards

-----------------

This is for normal cases...

But here he submitted payslips,bank statements and company letter also for one company income.

for monthly salary--pay slips and bank statements
for variable pay --- company letter and bank statement.


Anybody obliviously got the doubt on this.

prisat
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Post by prisat » Sun Feb 13, 2011 4:25 pm

reddy2011 wrote:Thank u chandu.

In my salary revision letter for the year April, 2009, it is mentioned like Incentive 'll be paid at the end of the year. So yearly income is not shown in payslips. Incentive paid me is for the year FY 2009-2010.

I produced latest salary revision letter for the year April, 2010 to UKBA.

I asked my HR to include this in pay slips but he disagreed and later I requested for separate letter for the same amount.

Salary always credit into my account but sometimes my company gives me extra income in cheques.

UKBA always asks two evidence for every source of income, RIGHT?

I feel company letter is also one evidence and bank statement is second evidence, seniors please help me on this.
Which company are you working for.... It sounds like you are trying to fake up things. Again iam saying that it looks like that. But iam not saying that u are faking.
I myself not gettign compromised with what you are saying now. How can you expect the Home Office to do it.

It is quiet simple...
IF
amount on salary slip (all source of income) = amount on bank statements (all sources of income in bank statements) = AMOUNT YOU ARE CLAIMING FOR VISA, THEN you are fine.

WHAT DO YOU MEAN BY EXTRA INCOME IN CHEQUES... IT IS TAX EVATION. NO COMPANY WILL DO THAT. ANY TAXABLE INCOME SHOULD BE ON PAPERS AND ONLY TAXABLE INCOME CAN BE SHOWED AS PROOF OF INCOME TO UKBA WITH TWO VALID - ACCEPTABLE PROOFS AS STATED IN THE UKBA'S MATERIAL THAT MIGHT BE THE ACCEPTANCE OF PROOFS
Disclaimer :

I am not from a law firm or an attorney who provide Consultation for Immigration to UK.
Information that i provide is not the same as legal advice or legal advises. Use the message (s) and information at your own risk.

ChetanOjha
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Post by ChetanOjha » Sun Feb 13, 2011 7:57 pm

To me, it appears to be a case of not explaining things properly in the application:

You have provided:

1. Payslips + Letter (Showing Variable Pay) + Bank Statement.

If your employer letter mentioned your variable pay clearly and ECO can verify it from your company then it is quite starnge that income is not considered towards your points. Now you have also mentioned that you have paid tax on that amount(?) which makes you case stronger as your employer must give proper info to ECO(if asked).

I think if you explain things "clearly" in your review application...you will be fine. Besides you can also provide detailed breakup of your salary(month wise) which can be verified from your employer. Once done, you can mention in your cover letter that you have spoken to your employer(who informed you that ECO didn't called them to verify your earnings) and push ECO to consider Admin Review properly.
indianinworld wrote:
reddy2011 wrote:Thank u chandu.

In my salary revision letter for the year April, 2009, it is mentioned like Incentive 'll be paid at the end of the year. So yearly income is not shown in payslips. Incentive paid me is for the year FY 2009-2010.

I produced latest salary revision letter for the year April, 2010 to UKBA.

I asked my HR to include this in pay slips but he disagreed and later I requested for separate letter for the same amount.

Salary always credit into my account but sometimes my company gives me extra income in cheques.

UKBA always asks two evidence for every source of income, RIGHT?

I feel company letter is also one evidence and bank statement is second evidence, seniors please help me on this.
Which company are you working for.... It sounds like you are trying to fake up things. Again iam saying that it looks like that. But iam not saying that u are faking.
I myself not gettign compromised with what you are saying now. How can you expect the Home Office to do it.

It is quiet simple...
IF
amount on salary slip (all source of income) = amount on bank statements (all sources of income in bank statements) = AMOUNT YOU ARE CLAIMING FOR VISA, THEN you are fine.

WHAT DO YOU MEAN BY EXTRA INCOME IN CHEQUES... IT IS TAX EVATION. NO COMPANY WILL DO THAT. ANY TAXABLE INCOME SHOULD BE ON PAPERS AND ONLY TAXABLE INCOME CAN BE SHOWED AS PROOF OF INCOME TO UKBA WITH TWO VALID - ACCEPTABLE PROOFS AS STATED IN THE UKBA'S MATERIAL THAT MIGHT BE THE ACCEPTANCE OF PROOFS

reddy2011
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Post by reddy2011 » Mon Feb 14, 2011 9:38 am

Thank you...

Due to recision, my company has paid me the Incentive's of the previous year (FY: 08-09) in Jan 2010. So it does not shown under pay slips of current FY 09-10.

I have shown previous earnings of last 12 months period from Dec 2009 to Nov 2010. I submitted my lastest hike letter which shows only current FY (From April, 2010).

That's is the reason I have taken a supporting letter from Company and produced all three documents like Company letter, bank statements and tax paid documents.

:(

sanjaym
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Post by sanjaym » Mon Feb 14, 2011 8:59 pm

Hi,

Please note.

While proving any evidence of salary,

The components shown should be as part of your income. i.e. it should reflect in your appointment /revision letter.

The amount should reflect in your payslip.

And you should clearly put a note that it is part of your salary.

Any component besides this and which is not explained will not be considered.

itsvinodin
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Post by itsvinodin » Sun Mar 27, 2011 1:22 pm

@sanjaym is 100% correct.

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