Tier1 refusal on grounds 245C(c) Previous Earnings

[urana]

Hello seniors,

I have applied Tier1 general on 1st July 2009, they have refused my application on grounds 245C(c) Previous Earnings, and they gave me 0 points for previous earning.

Initially I was full time student & recently I got PSW on 31st march 2009. But prior to student visa I was earning full time at back home hence I have claimed 30 points from previous earning, as evidence I have provided

Income-Tax return,
Pay slips,
Employee Letter

(I don’t have bank statement as I had closed my account when I came to UK in 2007)

I have just got one line refusal that your wages slip & employment dates are not match the date which you claimed

Which is not true, we have all the evidence are co-related with each other, I think visa officer gets confused with my papers, although I have mentioned everything in my cover letter. I have claimed 100 points in that they awarded 70 points

Also I haven’t got appeal rights as my visa is valid till 2011.

Please can anyone advice me what I can to in this situation as everything is proper, how I can request to review my case as it’s not my fault at all. How can I loose £850 without my fault.

Exact Wordings on Refusal letter are below:
The Wage Slips and Tax documents sent for corroboration cannot be used to establish previous earnings, as they cover different periods of employment.

In line with publish guidance; no pints have been awarded in this area.

I hope I can get right advice from seniors in this forum

Many Thanks in advance

[xpscapable]

I'll be interested to know how did you go with this. My application was refused due to no fault of my own, case worker did not see my saving account statement.

I reapplied with much of the same documentation but the 2nd time made it clearer.

Of it was then approved, but I'm £820 down. I wrote a letter to HO about this 2 weeks ago and no reply (as expected). I'm about to write a new letter and send it off again.

If they didn't reply I'm not sure how to get my £820 back, maybe small claims court?

[ChetanOjha]

Hello seniors,

I have applied Tier1 general on 1st July 2009, they have refused my application on grounds 245C(c) Previous Earnings, and they gave me 0 points for previous earning.

Initially I was full time student & recently I got PSW on 31st march 2009. But prior to student visa I was earning full time at back home hence I have claimed 30 points from previous earning, as evidence I have provided

Income-Tax return,
Pay slips,
Employee Letter

(I don’t have bank statement as I had closed my account when I came to UK in 2007)

I have just got one line refusal that your wages slip & employment dates are not match the date which you claimed

Which is not true, we have all the evidence are co-related with each other, I think visa officer gets confused with my papers, although I have mentioned everything in my cover letter. I have claimed 100 points in that they awarded 70 points

Also I haven’t got appeal rights as my visa is valid till 2011.

Please can anyone advice me what I can to in this situation as everything is proper, how I can request to review my case as it’s not my fault at all. How can I loose £850 without my fault.

I hope I can get right advice from seniors in this forum

Many Thanks in advance

You have to submit earning evidences from two sources. Evidences you have submitted ie. Income-Tax return, Pay slips, Employee Letter are considered to be from one source only.It is strange that caseworker has not mentioned this in rejection letter.But this is also a case of insufficient evidence.I know you have closed the bank account but how would HO know and beleive?
Since you are given right to appeal, i am not sure how would you go about it? But you can clearly mention your case in your covering letter if you appeal for it(if you can).

[urana]

Hi chetanojha,

Thanks for your reply, but prior to this application I took advice form Home office public enquiry office & they clearly explained me that if I don’t have bank statement so alternatively I can go for Income-Tax return (Saral) including form 16 . Source it came from Indian government-----proof of tax which I paid during my employment
2nd source—payslips & employee letter, hence they haven’t refused on this ground neither mentioned on refusal letter.

I think Visa officer gets confused to match Tax return with Payslips as I have claimed March-2006 to Feb-2007 ( 12 months covered in 2 years Income Tax return (11months covered in April’06 to March’07 ----& 1month covered in April’05 to March’06)

Exact Wordings on Refusal letter are below:

The Wage Slips and Tax documents sent for corroboration cannot be used to establish previous earnings, as they cover different periods of employment.

In line with publish guidance; no pints have been awarded in this area.

[ChetanOjha]

Hi chetanojha,

Thanks for your reply, but prior to this application I took advice form Home office public enquiry office & they clearly explained me that if I don’t have bank statement so alternatively I can go for Income-Tax return (Saral) including form 16 . Source it came from Indian government-----proof of tax which I paid during my employment
2nd source—payslips & employee letter, hence they haven’t refused on this ground neither mentioned on refusal letter.

I think Visa officer gets confused to match Tax return with Payslips as I have claimed March-2006 to Feb-2007 ( 12 months covered in 2 years Income Tax return (11months covered in April’06 to March’07 ----& 1month covered in April’05 to March’06)

Exact Wordings on Refusal letter are below:

The Wage Slips and Tax documents sent for corroboration cannot be used to establish previous earnings, as they cover different periods of employment.

In line with publish guidance; no pints have been awarded in this area.

Submitting Tax Document(P60 or Saral) is always risky unless you are claiming points for the exact months as mentioned in the Tax documents. Since your earning claim period falls in two financial years and hence two tax documents, it is clearly not possible for case worker to distinguish your earnings.
I am quite surprise that HO enquiry office told you that tax document can be considered as separate source than payslip & employer letter. Page 24 of Guidance Notes says:

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.

[email257525]

i guess people answer the phome in hm are just the adminstration staff, they r not case workers or know much about the requirements

They just book the appointments and tel the status of ur application

[ChetanOjha]

i guess people answer the phome in hm are just the adminstration staff, they r not case workers or know much about the requirements

They just book the appointments and tel the status of ur application

Agreed. In other words, hopeless staff who don't even bother reading guidance notes before advising people.

[pkumar]

[quote="urana"]Hi chetanojha,

Thanks for your reply, but prior to this application I took advice form Home office public enquiry office & they clearly explained me that if I don’t have bank statement so alternatively I can go for Income-Tax return (Saral) including form 16 . Source it came from Indian government-----proof of tax which I paid during my employment
2nd source—payslips & employee letter, hence they haven’t refused on this ground neither mentioned on refusal letter.

I think Visa officer gets confused to match Tax return with Payslips as I have claimed March-2006 to Feb-2007 ( 12 months covered in 2 years Income Tax return (11months covered in April’06 to March’07 ----& 1month covered in April’05 to March’06)
[u]
Exact Wordings on Refusal letter are below:[/u]

[b]The Wage Slips and Tax documents sent for corroboration cannot be used to establish previous earnings, as they cover different periods of employment.

In line with publish guidance; no pints have been awarded in this area.[/b][/quote]

I am not sure if you can claim for 2007 salary. My understanding is that you need to show any 12 successive months salary in LAST 15 MONTHS just before submitting application. did you apply in 2009? I might be wrong but that's what i thought rule was.

[ChetanOjha]

Hi chetanojha,

Thanks for your reply, but prior to this application I took advice form Home office public enquiry office & they clearly explained me that if I don’t have bank statement so alternatively I can go for Income-Tax return (Saral) including form 16 . Source it came from Indian government-----proof of tax which I paid during my employment
2nd source—payslips & employee letter, hence they haven’t refused on this ground neither mentioned on refusal letter.

I think Visa officer gets confused to match Tax return with Payslips as I have claimed March-2006 to Feb-2007 ( 12 months covered in 2 years Income Tax return (11months covered in April’06 to March’07 ----& 1month covered in April’05 to March’06)

Exact Wordings on Refusal letter are below:

The Wage Slips and Tax documents sent for corroboration cannot be used to establish previous earnings, as they cover different periods of employment.

In line with publish guidance; no pints have been awarded in this area.

I am not sure if you can claim for 2007 salary. My understanding is that you need to show any 12 successive months salary in LAST 15 MONTHS just before submitting application. did you apply in 2009? I might be wrong but that's what i thought rule was.

Yes you are correct. Member has applied from PSW.

[urana]

Hi pkumar,

I have already mention in my first explanation that I was full time student since March’07 as now I have completed my Msc. in Cancer pharmacology from Bradford University, as per rules within 12 months after completing full time studies, you can show any 12 in last 15months prior to student.