looking for advice on the appeals process

[abby_d82]

Hi,

I'm looking for any advice / insight from people who may have undergone anything similar to the ordeal the HO is putting me through with my Tier 1 Extension.

Aug 07 - Granted EC under HSMP approval to UK
Nov 07 - Entered the UK
July 08 - Left the UK
April 09 - Re-entered UK
June 09 - Applied for extension under Tier 1 (1st attempt)

July 09 - Extension refused
Grounds: Australian payslips were online payslips and non-acceptable. I also had no right of appeal however was given the option of re-applying

July 09 - Applied for extension under Tier 1 (2nd attempt) - this time using Australian group cert. (equivalent of P60 + bank statements)

Aug 09 - Initial Visa expires (2nd extension application pending)

Sept 09 - Extension refused
Grounds: Australian tax document does not list monthly nett earnings. Instead it only lists gross and tax for period and case worker is unable to corroborate earnings from bank statements.

Facts:
The tax document is for the exact period claimed (September 08 - April 09)

The tax document lists my gross earnings for this period and tax deducted for this period

Gross - Tax (on official tax document) = Total of nett income (from bank statements) [to the exact dollar amount]

The Australian Group Certificate is issued at the end of the tax year (June 30th) by all employers and this needs to be filed with the australian tax office for tax return purposed each year.

I am considering lodging an appeal as I believe I do have a case here, however I am simply looking for any advice / insight from anyone who may have been through anything similar. I have been awarded full points on all other sections, except the prev. earnings on both occasions.

Your thoughts would be greatly appreciated!

[push]

You have a ground for appealing as during appeals they tend to look beyond whats there in the guidelines. Btw caseworkers are not supposed to carry out calculations based on the information provided on the docs i.e. they would not work out your net salary from Gross and Tax amount shown on the tax documents.

[abby_d82]

Thanks for your response. You raise a good point re: the calculations and perhaps that was why they did actually refuse me.

The thing that confuses me though is that an official tax document is stated as suitable source of evidence and having checked my P60, there's no nett value on it either (much less a monthly breakdown of nett earnings).

So if I were to provide a tax document as a source of evidence, what then would have been a suitable second source? (keeping in mind that they must originate from different entities)