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TIER1 REJECTED-Please validate If Eligible for Admin Review!

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

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tier1_king
Newbie
Posts: 42
Joined: Sat Jun 28, 2008 5:18 pm
India

TIER1 REJECTED-Please validate If Eligible for Admin Review!

Post by tier1_king » Thu Jul 29, 2010 9:06 am

Dear All,

My Tier1 visa application got rejected yesterday.Feeling disappointed about it.
I am planning to apply for admin review , but before that i would like to know the views of our senior members if i can really go for it ? Please post your views when you see this message. I am desperately looking for some suggestions and validity of my case ..

Question A
==========

During the 12 month previous earnings period (01 June 2009 to 31 May 2010) , i was deputed to work in Germany for 3 weeks (05 July 2009 to 25 July 2009). During this deputation period i was given an allowance in germany for 2000 EUR. After returning to India, i was credited the usual indian salary 40000 INR on 30 July 2009.

I used the conversion ratio (Band D) for the salary that was credited in July 2009 along with the earnings with the rest of the period. I was in India for 10 days and in Germany for 20 days during that July 2009. Although i returned to India 5 days before the salary was credited for July 2009. Only if i applied the Band D rate for that month, i would get sufficient points to qualify for the visa.


The UK Home Office has rejected my visa application stating that i should not apply the Band D conversion ratio for my July 09 salary.

My previous earnings claim period and respective bands are as below
- 01 June 2009 to 04 July 2009 - Earnings in INR Band D
- 05 July 2009 to 25 July 2009 - Earnings in EUR Band A
- 26 July 2009 to 31 May 2010 - Earnings in INR Band D


1. Is it compulsory that i shoukld have pro-rated the salary before applying the conversion ratio ?
2. Is it not enough that i was physically present here when the salary was credited ?
3. What do you think the result of my admin review would be ?




Question B
==========

4. How does the admin review take on average ? (I will be applying from CHennai.)

Thanks in advance,
tier1_king.

LearningCurve
Member
Posts: 145
Joined: Tue Sep 23, 2008 5:39 pm

Post by LearningCurve » Thu Jul 29, 2010 10:54 am

Allowances
125. We will only include allowances (such as those for accommodation or schooling for an applicant’s children) in the assessment of an applicant’s previous earnings if they are part of an applicant’s remuneration package and are not paid to reimburse the applicant for money he/she has previously spent.

126.We will only accept allowances as earnings if they are declared in the applicant’s payslips and there is a contractual obligation on the employer’s part to make these payments.
You have mentioned clearly that you were only paid an allowance of EUR 2k, and your usual Indian salary was credited.

As mentioned in the above quote from policy guidelines, you may not claim for this earning of 2k EUR, as long it is not part of your annual remuneration or your payslips.

Now, from my understanding you cannot apply a different conversion ratio for your 3 week period you spent in Germany.
1. Is it compulsory that i shoukld have pro-rated the salary before applying the conversion ratio ?
See quote below from Policy guidelines,
106. We will only consider actual earnings. We will never consider earnings claimed on a pro rata basis (for example when the applicant has worked part-time and tries to claim for what he/she might have earned if the work had been full-time).
4. How does the admin review take on average ? (I will be applying from CHennai.)
An admin review is only helpful when you know that the case worker has made a wrong decision with your application, when you have provided the right information and evidence.

IMHO, you should make a fresh application. Good Luck.

tier1_king
Newbie
Posts: 42
Joined: Sat Jun 28, 2008 5:18 pm
India

Post by tier1_king » Thu Jul 29, 2010 11:02 am

Thanks for the reply!!! But i still have more questions.
LearningCurve wrote:
Allowances
125. We will only include allowances (such as those for accommodation or schooling for an applicant’s children) in the assessment of an applicant’s previous earnings if they are part of an applicant’s remuneration package and are not paid to reimburse the applicant for money he/she has previously spent.

126.We will only accept allowances as earnings if they are declared in the applicant’s payslips and there is a contractual obligation on the employer’s part to make these payments.
You have mentioned clearly that you were only paid an allowance of EUR 2k, and your usual Indian salary was credited.

As mentioned in the above quote from policy guidelines, you may not claim for this earning of 2k EUR, as long it is not part of your annual remuneration or your payslips.
I had submitted allowance form sealed and signed from my employer, along with the original deputation contract (thus satisfying pt 126 above)

ECO has not rejected this EUR allowance, rather the issue was applying the uplift ration to the July month salary.
Now, from my understanding you cannot apply a different conversion ratio for your 3 week period you spent in Germany.
1. Is it compulsory that i shoukld have pro-rated the salary before applying the conversion ratio ?
See quote below from Policy guidelines,
106. We will only consider actual earnings. We will never consider earnings claimed on a pro rata basis (for example when the applicant has worked part-time and tries to claim for what he/she might have earned if the work had been full-time).
By pro-rating i mean pro-rating the indian salary for July-2009, splitting it into the tiem i was in india and in Germany. i was in india for 10 days and in Germ for 20 days. But ont he date of credit of salary, i was here in India. Does that count?

gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 5:34 am

Re: TIER1 REJECTED-Please validate If Eligible for Admin Rev

Post by gotcha » Thu Jul 29, 2010 11:47 am

tier1_king wrote:1. Is it compulsory that i shoukld have pro-rated the salary before applying the conversion ratio ?


I'm not sure what you are talking. But yes, you should have calculated you indian salary for no of days present in India and apply band D to it. and band A to rest of it.
tier1_king wrote: 2. Is it not enough that i was physically present here when the salary was credited ?


I think this is very innocent question. You earned that salary while physically present in Germany. Full stop.


tier1_king wrote: 3. What do you think the result of my admin review would be ?
I think ECO is right in not applying D band to your salary for that month. But, I would have calculated 10 days salary and apply band D to that.

ie.INR ( 400000/30) * 10 and apply band D to it. In my opinion, ECO is right, if even after using 10 days salary and appying band D doesn't qualify you.

shininaga
Newly Registered
Posts: 13
Joined: Mon Jun 28, 2010 6:34 am
Location: Chennai

Post by shininaga » Thu Jul 29, 2010 1:12 pm

All,
Please continue this thread here, as two threads were started accidentally at the same time

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