Please help..........Tier 1 Refused

[1n1le]

Greetings to All!
I have applied on March mid for Tier 1 from bangalore India and got the refusal on 30th March for the reason that the re-imbursements are not part of salary. But actually the re-imbursements are part of the CTC and it is the flexible benefit plan components which need to be claimed every month (without tax) or will be paid as salary in March every year after 20% tax deduction.

For my application the claimed part(called reimbursements) every month was not accepted but the unclaimed part which comes in march after tax was accepted.
Is it ridiculous or am I missing something?

Can anybody Plaese tell me if I will get thru this successfully? and what time frame can we expect for the decision to be made.

Appreciate your help. Thanks.

[Vanadil]

The Home Office only considers Taxed income as your earnings and any rembusments or expenses that you claim are not contributing towards your gross annual salary. This should have been explained to you by an immigration body or your company if you asked them

I'm very sorry but it is unlikely that you would be able to apeal this at all

[push]

Greetings to All!
I have applied on March mid for Tier 1 from bangalore India and got the refusal on 30th March for the reason that the re-imbursements are not part of salary. But actually the re-imbursements are part of the CTC and it is the flexible benefit plan components which need to be claimed every month (without tax) or will be paid as salary in March every year after 20% tax deduction.

For my application the claimed part(called reimbursements) every month was not accepted but the unclaimed part which comes in march after tax was accepted.
Is it ridiculous or am I missing something?

Can anybody Plaese tell me if I will get thru this successfully? and what time frame can we expect for the decision to be made.

Appreciate your help. Thanks.

This is not a reimbursement which you claim against expenses incurred on behalf of the company while discharging your official duties. The option for you is to explain the same and get a letter from your employer which says this amount is payable to you whether or not you incur the expenditure. The only difference is, if you claim it against expenses the amount is not taxable. Infact you should have submitted a certificate from your employer in the first place instead of salary slips.

[push]

Greetings to All!
I have applied on March mid for Tier 1 from bangalore India and got the refusal on 30th March for the reason that the re-imbursements are not part of salary. But actually the re-imbursements are part of the CTC and it is the flexible benefit plan components which need to be claimed every month (without tax) or will be paid as salary in March every year after 20% tax deduction.

For my application the claimed part(called reimbursements) every month was not accepted but the unclaimed part which comes in march after tax was accepted.
Is it ridiculous or am I missing something?

Can anybody Plaese tell me if I will get thru this successfully? and what time frame can we expect for the decision to be made.

Appreciate your help. Thanks.

This is not a reimbursement which you claim against expenses incurred on behalf of the company while discharging your official duties. The option for you is to explain the same and get a letter from your employer which says this amount is payable to you whether or not you incur the expenditure. The only difference is, if you claim it against expenses the amount is not taxable. Infact you should have submitted a certificate from your employer in the first place instead of salary slips.

[samsung]

Does this mean that my application will also get rejected.I applied on 8th April from Bangalore VFS.

Cos i get 20,000 rupees each month as shift allowance, and is not part of my gross CTC. But it is mentioned in my salary slip as shift allowance, and the total amount gets credited into my bank account, the amount getting credited into my bank account is the same reflected on my payslip....

@1n1le
Was the amount not mentioned on your salary slip, because if the amount is on the salary slip and the same getting credited into your account, then i feel it should be OK. Did you show them as a separate reimbursement account.
Between how do they know what component is reimbursed. Did you even submitted your employment letter.

[samsung]

Can somebody reply on the above query please......
Kindly put your comments forward.....

[push]

Does this mean that my application will also get rejected.I applied on 8th April from Bangalore VFS.

Cos i get 20,000 rupees each month as shift allowance, and is not part of my gross CTC. But it is mentioned in my salary slip as shift allowance, and the total amount gets credited into my bank account, the amount getting credited into my bank account is the same reflected on my payslip....

@1n1le
Was the amount not mentioned on your salary slip, because if the amount is on the salary slip and the same getting credited into your account, then i feel it should be OK. Did you show them as a separate reimbursement account.
Between how do they know what component is reimbursed. Did you even submitted your employment letter.

You are fine

[1n1le]

Thanks PUSH 7 VANADIL.

@Samsung
I have submitted the re-imbursement payslips which shows all the components. Every month there wll be a salary payslip & re-imbursement payslip. The reimbursements are part of my salary but not taxable if claimed everymonth and taxable if not claimed and provided at year end.


@Push
so should the salary be taxed in order to be considered as salary?

Regards

[push]

@Push
so should the salary be taxed in order to be considered as salary?

Regards

No. If some component of your salary is non-taxable (e.g. basic allowance in UK) then there is no need for it to be subject to tax. As long as the non-taxable amount is mentioned on the salary slip (& it is not a reimbursement for some expenses that you incurred on company's behalf e.g. air travel/stay in hotel for meetings etc.) and the net salary shown in the salary slip matches with the amount shown in your Bank statements you can claim points for the gross amount. In cases where the salary slip defines "reimbursements" for such items the case-worker might treat these as simple reimbursements as defined above and dis-regard these from earnings. In such cases it is adviable to use a letter from the employer which lists out gross salary for the month, deductions including tax and net amount credited to your bank apart from the details mentioned in the guidance notes.

[1n1le]

Thanks Push.
I have provided the letter from the company now in the appeal.
Will they consider it? Are admin reviews really worthwhile waiting for?

[push]

Thanks Push.
I have provided the letter from the company now in the appeal.
Will they consider it? Are admin reviews really worthwhile waiting for?

Yes because you have not provided any additional evidence but just a supporting/explanatory document. If you are not pressed for time then its worthwhile to go for admin review.

[1n1le]

But how long does it takes- minimum and maximum time for admin review to come out with a decision?

[1n1le]

Thanks Push.
I have provided the letter from the company now in the appeal.
Will they consider it? Are admin reviews really worthwhile waiting for?

Yes because you have not provided any additional evidence but just a supporting/explanatory document. If you are not pressed for time then its worthwhile to go for admin review.

Push, can you let me know on the timeline?
when I emailed the review board in May first week they said they are currently reviewing the application filed in december and this week when I emailed and asked for the status, they say that the February month applications are reviewed.
PLeas let me know what would be the timeline