Tier 1 Refused - P60 not consider as previous earnings

Hi all,

On Feb 24 I submitted my application for Tier 1. I'm on a WP but recently got redundant. I got 105 points under the old criteria.

On Apr 1 I received the result from UKBA - Refused, because my P60 would not count as a proof of previous earnings for the period of my application (Feb/08 - Feb/09), because the P60 covers only Apr/07 - Apr/08.
I sent 12 monthly payslips, and bank statements only covering the last 3 months, (i could have easily sent them 12 months, but thought P60 would be enough).

The refusal letter states that i can not appeal (because i'm here on a valid WP).

So I have been refused, have no right to appeal, do not qualify under the new rules (do not have Masters degree), and out of job.

Any suggestions?

thanks,
Jim

jimstark wrote:Hi all,

On Feb 24 I submitted my application for Tier 1. I'm on a WP but recently got redundant. I got 105 points under the old criteria.

On Apr 1 I received the result from UKBA - Refused, because my P60 would not count as a proof of previous earnings for the period of my application (Feb/08 - Feb/09), because the P60 covers only Apr/07 - Apr/08.
I sent 12 monthly payslips, and bank statements only covering the last 3 months, (i could have easily sent them 12 months, but thought P60 would be enough).


Any suggestions?

thanks,
Jim

Jim,

I came across a post saying that P60 and payslips and employee letter are essentially proof of earning from same source, so you DO need bank statements as proof of earning to satisfy the two proof of earning criteria...

Seniors please advise

Now that you are out of a job, does that not mean that you are, effectively, without valid leave ? I wonder whether this might then make you eligible for appeal (even though the HO might not have known this at the time they issued their decision).

See this person's experience, which you might be able to replicate in part:
http://www.immigrationboards.com/viewtopic.php?t=36072

gordon wrote:Now that you are out of a job, does that not mean that you are, effectively, without valid leave ? I wonder whether this might then make you eligible for appeal (even though the HO might not have known this at the time they issued their decision).

See this person's experience, which you might be able to replicate in part:
http://www.immigrationboards.com/viewtopic.php?t=36072

Thanks for the info.
I saw that posting, he was in a similar situation about the P60, or even worse, since he felt short of the minimum GBP800 as well, but for some reason, on his refusal letter he got the right to appeal, and i have not.

jimstark wrote:Hi all,

On Feb 24 I submitted my application for Tier 1. I'm on a WP but recently got redundant. I got 105 points under the old criteria.

On Apr 1 I received the result from UKBA - Refused, because my P60 would not count as a proof of previous earnings for the period of my application (Feb/08 - Feb/09), because the P60 covers only Apr/07 - Apr/08.
I sent 12 monthly payslips, and bank statements only covering the last 3 months, (i could have easily sent them 12 months, but thought P60 would be enough).

The refusal letter states that i can not appeal (because i'm here on a valid WP).

So I have been refused, have no right to appeal, do not qualify under the new rules (do not have Masters degree), and out of job.

Any suggestions?

thanks,
Jim

This was not an extension. It was a different application so the P60 from the year before was not helpful. Nor was showing 12 payslips with only 3 bank statements. Did you not send them a contract to substantiate your annual earnings?? I think you can wing an appeal if you explain that in the interim that your WP is not a fallback due to your redundancy and work the appeal.
Good Luck

P-60 can not be used in conjunction with pay slips. See below from page 24 of guidance notes:

139.The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

You should follow the advice provided by other members re appeal

Wait ... of course they would reject your application. You're applying Feb 2009 but you send in your P60 from April 2007 - April 2008?

That is way past 12 months in the past 15 months rule. Am I missing something here?

That's the latest P60 he would have. There are still 4 more days for this year's .

jimstark wrote:Hi all,

On Feb 24 I submitted my application for Tier 1. I'm on a WP but recently got redundant. I got 105 points under the old criteria.

On Apr 1 I received the result from UKBA - Refused, because my P60 would not count as a proof of previous earnings for the period of my application (Feb/08 - Feb/09), because the P60 covers only Apr/07 - Apr/08.
I sent 12 monthly payslips, and bank statements only covering the last 3 months, (i could have easily sent them 12 months, but thought P60 would be enough).

The refusal letter states that i can not appeal (because i'm here on a valid WP).

So I have been refused, have no right to appeal, do not qualify under the new rules (do not have Masters degree), and out of job.

Any suggestions?

thanks,
Jim

u havent followed the guidelines properly. to me its your fault. But anyways u can still hire a lawyer and appeal against decision. i know some ppl who never got the right to appeal but they got it through lawyer//

yasa wrote:

jimstark wrote:Hi all,

On Feb 24 I submitted my application for Tier 1. I'm on a WP but recently got redundant. I got 105 points under the old criteria.

On Apr 1 I received the result from UKBA - Refused, because my P60 would not count as a proof of previous earnings for the period of my application (Feb/08 - Feb/09), because the P60 covers only Apr/07 - Apr/08.
I sent 12 monthly payslips, and bank statements only covering the last 3 months, (i could have easily sent them 12 months, but thought P60 would be enough).

The refusal letter states that i can not appeal (because i'm here on a valid WP).

So I have been refused, have no right to appeal, do not qualify under the new rules (do not have Masters degree), and out of job.

Any suggestions?

thanks,
Jim

u havent followed the guidelines properly. to me its your fault. But anyways u can still hire a lawyer and appeal against decision. i know some ppl who never got the right to appeal but they got it through lawyer//

Now looking in hindsight I realize I was too confident and overlooked the guidelines. But as SKUK mentioned, that is the only P60 i have in hands, the new one is yet to arrive.
I could have sent them my bank statements for 20 months, along with a letter for my employer, and more, that would be very simple. But somewhere in the guidelines they ask you to avoid sending too much/redundant documents, so i wanted to make my application as concise and clean as possible. Obviously that's bollocks now, but i want to stress that it was not caused by lazyness or irresponsibility.

I spoke to two advisors and they were not very optimistic - UKBA played by the rules on this refusal. They did say though that I could pursue a claim through a lawer, though that would that a few months, maybe a year.

Does anyone know a good lawer that can help? You can send a private message.

thank you.

Hi Jiimstark,

I personally think hiring a lawyer and appealing against the decision will only waste your time and money. Since it is evident that it was your fault as you have not provided sufficient documents and played into the hands of HO.

Still you are covered under your WP at the moment,I would say, reapply for Tier 1(while you can). It will cost you much less than going through lawyer/appeal/decision etc and also save you mental agony.

I second chetanojha with regard to your appeal.

Your title is very misleading. P60 is considered as a valid proof but with your case, it isn't because P60 doesn't cover February and March of the prev financial year i.e. 07.

I am afraid to state that there isn't much you can do at this minute with regard to your rejection. With the change in rule with regard to academic qualification, I guess the options you have left with you is to hope some other employer converts/ re-apply your Work Permit or your employer decides to get you on roll.


Cheers
PG