Urgent Tier 1 Visa rejected-Please immediately advise / Help

naveediiqbal · Post by **naveediiqbal** » Wed Mar 18, 2015 3:24 pm

Hi,

Need help on an urgent basis.

I applied for a tier 1 General visa on 26 Jan 2015. I had previous tier 1 extension up to 27 Jan 2015.

My visa was rejected based on earnings. I think Visa officer has made some mistake. Please read and advise me.

I claimed earning of £32,024 (needed 32,000 for 35 points) over the period of 1 Nov 2013-31 Oct 2014.

They were not able to deduct payment from my debit card initially but then they emailed me and I sent them bankers check that cleared instantly (no new application pack was signed and sent - I sent only payment page again with payment details).

In the decision letter they said they have assessed period of 8 Nov 2013 to 7 Nov 2014 and they arrived at a number of £31,880. So I do not qualify for the 35 points. (They awarded me only 30 points)

My point is why they have changed the assessment period? Please advise if I was not allowed to use the period I have claimed 1 Nov 2013 to 31 Oct 2014.

Further, If they have taken account of different period then they have not might have taken into consideration of money earned by me but retained by my current employer which is £450 for that period so will be above £32,000. This money was paid in bank on Jan 2015 (after close of year end at 31 Dec 2014).

They have not sent me my documents back yet and their calculations. The letter said I have aright to appeal but not for administrative review.

I have phoned visa office and help line tell me that they won't return my passports / but will return my documents in separately. I can either ask for reconsideration (if I think its a mistake or appeal - the person said not both at same time I have been given 14 days to appeal.)

Please advise me what shall I do. I need your help and advise.

Regards,

monican · Post by **monican** » Wed Mar 18, 2015 8:52 pm

I think when they taken the payment and created the case around 7th Feb 2015 (may be the date you sent bankers cheque), then your claimed period falls out of 15 months, to cover this up they have taken the NEW twelve month period.

naveediiqbal · Post by **naveediiqbal** » Wed Mar 18, 2015 10:10 pm

Hi,

Thank you veryuch for your input.

First of all if they asked and got payment. They did not ask for new application date and I did not signed new application form. How the application date will be changed. Any rulings on that. Can they do that/by guidance.

But even then if they leave first week of Nov 2013 that earning should be -700 (3000/30 x7)and new seven days earning I.e Nov 2014 was +750. (655 was paid as weekly payment and 90 pounds retained by employer and paid with December salary = 750.) So even then it will be more then 32000.

Please advise or correct me if I am wrong.

monican · Post by **monican** » Thu Mar 19, 2015 12:47 pm

naveediiqbal wrote:Hi,

Thank you veryuch for your input.

First of all if they asked and got payment. They did not ask for new application date and I did not signed new application form. How the application date will be changed. Any rulings on that. Can they do that/by guidance.

But even then if they leave first week of Nov 2013 that earning should be -700 (3000/30 x7)and new seven days earning I.e Nov 2014 was +750. (655 was paid as weekly payment and 90 pounds retained by employer and paid with December salary = 750.) So even then it will be more then 32000.

Please advise or correct me if I am wrong.

Logically, they should consider your application date when sent first, I am not sure if there is such a policy or mistake, senior members can put lights on it.

The earnings will not be counted prorated for the any duration i.e. days/weeks, unless the payments are made in the bank account.
Payments received in the bank during the claiming period are only counted.

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 12:48 pm

Can any body advise me please. Need your help guys

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 1:05 pm

monican wrote:
naveediiqbal wrote:Hi,

Thank you veryuch for your input.

First of all if they asked and got payment. They did not ask for new application date and I did not signed new application form. How the application date will be changed. Any rulings on that. Can they do that/by guidance.

But even then if they leave first week of Nov 2013 that earning should be -700 (3000/30 x7)and new seven days earning I.e Nov 2014 was +750. (655 was paid as weekly payment and 90 pounds retained by employer and paid with December salary = 750.) So even then it will be more then 32000.

Please advise or correct me if I am wrong.
Logically, they should consider your application date when sent first, I am not sure if there is such a policy or mistake, senior members can put lights on it.

The earnings will not be counted prorated for the any duration i.e. days/weeks, unless the payments are made in the bank account.
Payments received in the bank during the claiming period are only counted.

Hi,

Much apprerciated again your time and efforts.

Yes, according to guidance

78. 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.

Further,

Date of application

36. The date of application will be taken to be the following:
• Where the application form is sent by post, the date of posting; or
• Where the application form is sent by courier, the date on which it is delivered to the Home Office of the Home Office; or
• Where the application form is submitted in person at a Premium Services Center (PSC), the date on which the application and associated payment is accepted.

I provided 12 months earnings and specified the exact period of claim (1 Nov 2013 to 31 Oct 2014). I don't get how they can change the period. application posted 26 Jan 2015.

Further, please correct me if I understood it wrongly, Where did you get that concept of Salary payments made into bank account should be counted on receipt basis (cash basis). can you please advise me. According to my understanding if as per contact if your salary is x amount for November but if that is paid in December the earning should be the salary earning for November not for December (payslip will show it as November). It should be calculated on accrual basis rather then payment basis.

Further you are right salary should not be prorated. How they would have deducted first week of salary in November, because It was a monthly salary in November 2013 of 2167.00 (would be if prorated equals 2167/30* 7 = 505.55 and My weekly salary from 3 Nov to 7 Nov 2014 was 750 GBP. Even if they calculate that correctly will end up in a higher amount.

Will be awaiting your thoughts. Much appreciated your points mate.

Further, I am pretty confident that even for their selected period my earning would be more then 32,000 so what shall I do. Appeal for wrong computation from 8 Nov 2013 to 7 November 2014. Or incorrect period being taken by the case worker. Which will be the most suitable one to appeal. For me both have earnings more then 32,000.

Regards,

monican · Post by **monican** » Thu Mar 19, 2015 2:02 pm

if you can post your income breakdown i.e gross, net, pay periods and credit date in bank, probably senior members can help.

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 2:45 pm

monican wrote:if you can post your income breakdown i.e gross, net, pay periods and credit date in bank, probably senior members can help.

Employer 1 salary from 1 Nov 2013- 4 apr 2014 12,963.66
Employer 1 from 5 april 2014- 21 aug 2014 12,060.88
Total Employer 1 Salary 1 Nov to 21 Aug 2014 25,024.54
Employer 2 salary from 26 aug to 31 Oct 2014 6,992.20
Gross salary from 1 Nov 2013 to 31 Oct 2014 32,016.74

Employer 2 Breakdown:
S.No Date in Bank payment for week ended Salary amount
1 19-Sep-14 31-Aug-14 2,100.00
2 26-Sep-14 21-Sep-14 750.00
3 3-Oct-14 28-Sep-14 750.00
4 10-Oct-14 5-Oct-14 660.55
5 17-Oct-14 12-Oct-14 750.00
6 24-Oct-14 19-Oct-14 660.55
7 31-Oct-14 26-Oct-14 660.55
8 7-Nov-14 2-Nov-14 660.55
------------
6,992.90

Note 01 Nov and 02 Nov were weekend and hence not worked. last week ended on 2 Nov 2014 while it was composed of only 5 working days (worked upto 31 Oct 2014 last working day that week) and that 5 days are mentioned in salary slip for that week.

Will appreciate inputs

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 4:09 pm

Hi,

Can somebody guide me what documents needs to be sent with appeal application.

My application for Tier 1 extension is rejected based on earning. I was employed all the time and my earning was more then what they have calculated and shown. (I needed 32,000 and earned more then that).

They have not sent me their computation or the documents I have sent to them.

I am planning to file an appeal soon. Please advise what documents I can send out with this appeal application pack.

Regards,

monican · Post by **monican** » Thu Mar 19, 2015 4:37 pm

can you please break down "Total Employer 1 Salary 1 Nov to 21 Aug 2014 25,024.54 " as you did for employer 2?

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 4:58 pm

naveediiqbal wrote:
monican wrote:if you can post your income breakdown i.e gross, net, pay periods and credit date in bank, probably senior members can help.
Employer 1 salary from 1 Nov 2013- 4 apr 2014 12,963.66 (A) - From P60 (no other employer, Employment taxable income from 21 Oct 2013 to 4 April 2014 = £13,863.66 less: earning from 21 Oct 2014 - 31 Oct 2014 £900 i.e (13,863 - 900= 12,963.66). £900 for Oct 2013 I have provided supporting payslip.
Employer 1 from 5 april 2014- 21 aug 2014 12,060.88 (B) - From P45 = (Taxable salary 5 April to 21 Aug 2014).
Total Employer 1 Salary 1 Nov to 21 Aug 2014 25,024.54 (C=A+B)
Employer 2 salary from 26 aug to 31 Oct 2014 6,992.20
Gross salary from 1 Nov 2013 to 31 Oct 2014 32,016.74

I used P60 and P45 as these give Total Gross Taxable income, I have double checked with tax authorities as well, they have same numbers with them.

Employer 2 Breakdown:
S.No Date in Bank payment for week ended Salary amount
1 19-Sep-14 31-Aug-14 2,100.00
2 26-Sep-14 21-Sep-14 750.00
3 3-Oct-14 28-Sep-14 750.00
4 10-Oct-14 5-Oct-14 660.55
5 17-Oct-14 12-Oct-14 750.00
6 24-Oct-14 19-Oct-14 660.55
7 31-Oct-14 26-Oct-14 660.55
8 7-Nov-14 2-Nov-14 660.55
------------
6,992.90

Note 01 Nov and 02 Nov were weekend and hence not worked. last week ended on 2 Nov 2014 while it was composed of only 5 working days (worked upto 31 Oct 2014 last working day that week) and that 5 days are mentioned in salary slip for that week.

Will appreciate inputs

monican · Post by **monican** » Thu Mar 19, 2015 8:32 pm

since you referring P60 & P45, its hard to collaborate, requires through calculation with bank statements to calculate total net pay and also both NI contributions. If I were you I would use a solicitor to check the documents thoroughly to decide grounds of appeal. All the best and good luck.

If you can add the total gross received between 08 Nov 13 to 07 Nov 14 (only payments in bank during the period, do not prorate anything, they are net but calculate gross referring to payslip) how much total is coming? Is it matching to home office figures?

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 9:08 pm

Hi,

I can try that and will get back to you. But you can also understand that bank will show only net and not gross. But can try that and see. Thanks

monican · Post by **monican** » Thu Mar 19, 2015 9:45 pm

naveediiqbal wrote:Hi,

I can try that and will get back to you. But you can also understand that bank will show only net and not gross. But can try that and see. Thanks

Calculate like below;

Take a note of all payments received in bank between 08 Nov 14 to 07 Nov 15
Example:
In bank xx Nov 14 - Net, see payslip to find out the exact gross (do not try to calculate work day/week wise, just payments) then total all gross received in the period.

naveediiqbal · Post by **naveediiqbal** » Thu Mar 19, 2015 10:44 pm

Thanks mate for advise. Will send you calculations by tomorrow. They have not sent documents back to me so I am digging and compiling all info again.

naveediiqbal · Post by **naveediiqbal** » Fri Mar 20, 2015 8:46 am

I have used a taxable income which includes benefits (these are not reimbursements and are given to me as part of my renumeration package and are mentioned in my payslip as well) rather then gross salary which is lower and I have seen these are allowed as your earnings as per immigrations rules
I will reproduce the table again to check the way you mentioned. Thanks

sagareva · Post by **sagareva** » Sat Mar 21, 2015 3:28 pm

You need to file notice of appeal, but meanwhile also write back requesting reconsideration with detail of earnings and copies of previously submitted documents and pointing out a mistake.

requesting reconsideration and forgoing right to appeal is risky

they will not send you any more calculations other than rejection letter, although they may send back some of your documents (probably not passport)

but you need to be careful going through all evidence you sent and figuring out what possible real reasons could have been, and addressing them all

this should include proof of application date -- as i remember off hand, reconsideration according to their internal guidance is only possible under a limited number of points, and indeed confusing over application date is one of those common points

for what is or isn't income one must generally appeal, if the issue is benefits etc. - so you are mainly requesting reconsideration in an off chance that the reason was indeed mistake over application date

as far as i understand the recent changes in immigration act 2014 would have had the effect that you would have kept your original application date despite resubmission of payment. but i have to see when that came into effect. there is a slight possibility that in fact they may even be right.

I will try to look it up, PM me so I dont lose your thread

naveediiqbal · Post by **naveediiqbal** » Sat Mar 21, 2015 6:58 pm

monican wrote:
naveediiqbal wrote:Hi,

I can try that and will get back to you. But you can also understand that bank will show only net and not gross. But can try that and see. Thanks
Calculate like below;

Take a note of all payments received in bank between 08 Nov 14 to 07 Nov 15
Example:
In bank xx Nov 14 - Net, see payslip to find out the exact gross (do not try to calculate work day/week wise, just payments) then total all gross received in the period.

Employer 1
Month Taxale pay Amount in Bank date in bank
Oct 900.00 689.52 28/10/2013
Nov 2,251.92 1,597.99 28/11/2013
Dec 2,772.45 1,971.71 28/12/2013
Jan 2,548.81 3,191.71 28/01/2014
Feb 2,720.24 2,055.77 28/02/2014
Mar 2,670.24 1,988.57 28/03/2014
Apr 2,255.95 1,718.24 28/04/2014
May 2,841.66 2,116.46 28/05/2014
June 2,577.38 1,936.90 28/06/2014
July 2,555.95 1,922.24 28/07/2014
Aug 1,829.94 1,439.70 28/08/2014
25,024.54

Week started Week ended Gross Taxable Salary amount in Bank date in bank
25/08/2014 14/09/2014 2,100.00 1568.64 19/09/2014
15/09/2014 21/09/2014 750.00 562.27 26/09/2014
22/09/2014 28/09/2014 750.00 562.67 03/10/2014
29/09/2014 05/10/2014 660.55 502.34 10/10/2014
06/10/2014 12/10/2014 750.00 562.67 17/10/2014
13/10/2014 19/10/2014 660.55 502.34 24/10/2014
20/10/2014 26/10/2014 660.55 502.34 31/10/2014
27/10/2014 02/11/2014 660.55 502.34 07/11/2014
£6,992.20

for period 1 Nov 2013 to 21 Aug 2014 Taxable Salary is £25,024.54
for period 26 Aug 2014 to 31 Oct 2014 the Taxable Salary was £6,992.20
Total earning by earning date was £32,016.74

But if we take earnings from 8/11/2013 then we need to prorate taxable salary of Nov 2013 for 23 days = 23/30* 2251.92 = £1726.47 then the earning from 8 Nov to 21 Aug 2014 will become £24,499.09. and for employer 2 the next week (week from 03/11/14 to 07/11/14 earning £660.55 shall be added (paid on 14 Oct 2014) which will become 26 Aug 2014 to 7 Nov 2014 will be £7,652.85. then total earning for the period will become £32,151.94.

Please advise me if there was any thing that I have missed in my calculation. Yous suggestion will be much appreciated.

naveediiqbal · Post by **naveediiqbal** » Sat Mar 21, 2015 7:29 pm

sagareva wrote:You need to file notice of appeal, but meanwhile also write back requesting reconsideration with detail of earnings and copies of previously submitted documents and pointing out a mistake.

requesting reconsideration and forgoing right to appeal is risky

they will not send you any more calculations other than rejection letter, although they may send back some of your documents (probably not passport)

but you need to be careful going through all evidence you sent and figuring out what possible real reasons could have been, and addressing them all

this should include proof of application date -- as i remember off hand, reconsideration according to their internal guidance is only possible under a limited number of points, and indeed confusing over application date is one of those common points

for what is or isn't income one must generally appeal, if the issue is benefits etc. - so you are mainly requesting reconsideration in an off chance that the reason was indeed mistake over application date

as far as i understand the recent changes in immigration act 2014 would have had the effect that you would have kept your original application date despite resubmission of payment. but i have to see when that came into effect. there is a slight possibility that in fact they may even be right.

I will try to look it up, PM me so I dont lose your thread

Thanks mate for advise, yes I am planning and preparing to file an appeal soon. already have started compliling documents. I am not relying on them for sending back docuements. But I had some copies and also have asked employer to provide me the orignals again.

I agree with point that according to current rules the date of application will be date of posting. Date of posting was 26/1/15. I have also got the application recived letter from Home office dated 28/1/15 so could easily show that application was filed before 31 January. No further applications have applied.

According to guidance:

37. The date of application will be taken to be the following: • Where the application form is sent by post, the date of posting;

I dont think benefits could be an issue becuase they have assessed income as 31,880. while I calculated 32,016. The employment taxale benefits amount (not included pension or reimbursements) was around £700 pounds so I dont guess it could be an issue.

I have also posted a list of all my earnings and amount posted in bank with dates. I dont think date of application shall be changed as what I climed as posting date was before January end and period shall be decided as per immigration rule para 22

22. if the applicant has not indicated a period for assessment of earnings, or has indicated a period which does not meet the conditions in paragraph 21 above, their earnings will be assessed against the 12 month period immediately preceding their application, assuming the specified documents in paragraph 19-SD above have been provided.

I have clearly mentioned and claimed period of assessment from 1 Nov 2013 to 31 Oct 2014. that was 12 continous month period within last 15 months. I dont understand what could be the basis of thier changing period.

I submitted payslips from 1 Nov 2014 to 2 Nov 2014 (last week ended included payment upto 31 Oct 2014) I clearly mentioned that the last working day

Please provide your imput. Have a great day. Will appreciate further questions Thanks.

quantum1 · Post by **quantum1** » Sat Mar 21, 2015 10:37 pm

It depends on what the situation is with regards to applications not supported by payment. It used to be that if an application did not have payment it was automatically invalid. If this is the case it's possible that they treated your initial submission as invalid and only accepted that you made an application after you made an accompaniement of payment. I do not know if this is lawful or not, but since you said you sent a new payment page then it can be seen to be a new form and thus a new application

naveediiqbal · Post by **naveediiqbal** » Sat Mar 21, 2015 11:16 pm

Hi Mate,

According to application form

"If the payment submitted does not cover the full cost of your application, it will be an invalid application and the form, together with any documentation submitted, will be returned to you."

Further in the email from home office informing me they have stated that I have ten business days to send the ommisiion or rectify the error aftern then only the application will become invalid. I am pasting the extract here

"If you fail to provide the relevant information, documentation or payment to correct the errors in your application or claim, your application or claim will be rejected as invalid. If your application is rejected after your leave has expired, you will become an overstayer.
You have 10 business days from the date of this letter to rectify the error or omission. No further extension will be given if the requested information is not provided by the deadline. If the information requested is not provided within 10 business days, the application will be rejected as invalid."

I think its much better I could post the exact reason I recived from them.

"You have claimed earnings for the period of 01 November 2013 to 31 October 2014. In your aoolication, 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.

For the period of earning we have assessed, we are satisfied, from evidence provided, that you have earned £31,880.58 and have only been able to award 30 points for previous earnings under Appendix A."

I have two concerns. First according to rules only if applicant only applicant has not specified period or the period is exceeding 12 consecutive months then they will use the latest 12 months. as according to para 22 of immegration rules

"22. if the applicant has not indicated a period for assessment of earnings, or has indicated a period which does not meet the conditions in paragraph 21 above, their earnings will be assessed against the 12 month period immediately preceding their application, assuming the specified documents in paragraph 19-SD above have been provided."

Further, even if they have taken the period the earning computation that I have provided above for 08 November 2013 to 07 November 2014 would be £32,151.94 (greater then £32,000). I have no clues how they have arrived at this number which is less then 32,000.

Can somebody advise me if by using the above data (my earning details that I have provided) is able to arrive at home office number (I will be greatful as calculating it many time I could not arraive at that amount.

Further, what will be the best way to go for an appeal. The best reason, Shall I go for a wrong period assessment or error in earning points computation? or both. Shall I mention my salary computation rnumber (32,024 for 31 oct period ended and 32,151.94 for 7 November ended or just say more then £32,000).

Regards,

naveediiqbal · Post by **naveediiqbal** » Sun Mar 22, 2015 11:52 am

Hi,

Further to validity of application and application dates issues I did frther research and according to my understanding the home office shall give an appropriate time to rectify the orignal application. and I have not found how, if they arrived at new application date based on sending me only payments details again. Though they have not provided any evidence that how they think my payment information was wrong.

I have a copy of the payment instructions page and i double chekced it now and did not find any mistakes in that. there might be the processing system issues with UKBA.

see MR JUSTICE BLAKE, PRESIDENT UPPER TRIBUNAL JUDGE MACLEMAN Between KAPIL BASNET Appellant and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

"
Conclusion

35. The First-tier Tribunal erred in law, by applying the wrong test to whether there was a valid appeal. We remake the decision by finding that the onus was on the respondent to satisfy us that the application was not accompanied by the specified fee. The respondent has offered no evidence, or insufficient evidence, to that effect. On the available evidence, the application was accompanied by the specified fee, and was validly made. There was consequently a right of appeal to the First-tier Tribunal. It is not disputed that on the merits, the application for an extension of stay should have been granted, so the appeal, as originally brought to the First-tier Tribunal, is allowed. It will be for the respondent to decide what period of leave should be granted, in light of the appellant’s current circumstances."

Further,
"
32. In our judgment one or more of the following measures should be adopted to prevent similar disputes in the future:

(i) The fee is processed immediately on receipt of the application and before an acknowledgment letter has been sent.

(ii) The standard letter is amended so that it constitutes an acknowledgement that a valid application has been made.

(iii) In cases of a failure to collect the fee in an application made in time, there is prompt communication with the applicant to afford an opportunity to check or correct the billing data.

(iv) In cases where the accuracy of the billing data is critical to the success of the application and the existence of a right of appeal, the original application form is securely retained along with the processing report, and is produced to the judge in the event of a challenge by way of appeal or by determination of a preliminary issue."

They have provided me opportunity to resend the application in a period and I did. But they never mentioned that by sending only payment page would constitute a new / fresh application and would change the assessment date. So changing the date of assessment based on this information would be lawful or not. I have no clues.

Further, They asked me for only payment section of application. If they would have given me opportunity to submit any other evuidence as they are taking this as a new application and changing my application date then I would have provided that and so I was deprived of the right to be assessed on updated / correct and complete information.

Please advise If I am missing any point.

monican · Post by **monican** » Sun Mar 22, 2015 11:57 am

You are right, the income is £32,016.74 from 08 Nov 13 to 07 Nov 14, Since you have not submitted payslips it would have been difficult for the caseworker to calculate the gross prorating your P60. (its my views, I may be wrong please cross check)

naveediiqbal · Post by **naveediiqbal** » Sun Mar 22, 2015 12:06 pm

monican wrote:You are right, the income is £32,016.74 from 08 Nov 13 to 07 Nov 14, Since you have not submitted payslips it would have been difficult for the caseworker to calculate the gross prorating your P60. (its my views, I may be wrong please cross check)

Thank you so much. Figures crossed our number will be correct. Further, don't think the
difficulties in calculation for this shall on affected the accuracy of calculation.

naveediiqbal · Post by **naveediiqbal** » Sun Mar 22, 2015 12:59 pm

monican wrote:You are right, the income is £32,016.74 from 08 Nov 13 to 07 Nov 14, Since you have not submitted payslips it would have been difficult for the caseworker to calculate the gross prorating your P60. (its my views, I may be wrong please cross check)

I submitted all payslips with application as well

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Urgent Tier 1 Visa rejected-Please immediately advise / Help

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