Urgent help please for Tier 1 administrative review

[Hiten]

Hi all

I applied for Tier 1 general migrant & got a refusal. It is refused on the basis of 0 points being awarded for previous earning & comments made by ECO are as follows:

"As evidence of previous earnings you have shown a letter from your employer which states that your earnings for the period were Rs XXX.
Dates & amounts of individual payments have not been listed. The published guidance shows that dates & amounts of individual payments should be shown so that these can be reconciled with bank transactions.
You have not submitted acceptable evidence of your previous earnings so 0 points are being awarded"

I submitted these 2 evidence from different source to claim the points for previous earnings

1. Original Salary certificate issued by Employer, covering full 12 months of claim period from 01 July2009 to 30 June2010, including breakdown of gross & net salary.

2. Original Summary of earnings & tax, created & issued by managing chartered accountant ,covering full 12 months of claim period from 01 July2009 to 30 June2010, including breakdown of gross & net earnings as well as tax deductions.

3.Income tax return of financial/ tax year 2009-10, covering 9 out of 12 months of claim period, from 01 July 2009 to 31 March 2010.

I read the policy document again & guidance under 140(iii) is:

"Where an employer letter includes only total gross and net earnings figures for the whole earnings period claimed, we will consider this document. However, only where the dates of the earning period and the total gross/net earnings stated in the letter exactly correspond with the information included in the other documentary evidence of these earnings provided, will we be able to award points"

Going by this salary certificate issued by my employer should have been accepted but they have refused it.

I request the experienced members to please advise if I should go for an admin review as though they look for a salary certificate containing individual payments & dates, the letter containing gross & net salary is also acceptable if it corresponds with other evidence , which in my case is letter from chartered accountant stating exactly the same.

Kind regards
Hiten

[geriatrix]

Evidence 2 is a valid documentary evidence from "self-employed" applicants, not salaried employees.
Evidence 3 is accepted only when the 12 month (earnings) claim period corresponds to the tax assessment year of the country in which the income was earned (and tax deposited).

No grounds for administrative review.



regards

[Hiten]

Hi Sushdmehta


Thanks very much for your reply, as the gounds for refusal was for evidence no. 1 & they have not discarded or mentioned any displeasure with evidence no. 2 , should I specify this and submit the AR .

Also, policy document does not diffrentiate as to what specific documents need to be submitted for salaried employees and combination of any two from different sources are permitted, which in my case was 1 documents each under 141(iii) & (vii)
I changed my bank recently as instructed by my employer, hence could not provide bank statements for salary credited into my account for claimed time period.

Kind regards
Hiten

[Hiten]

Hi seniors

Please advise on my previous post about applying for an admin review

Regards
Hiten