Administrative Review - Tier 1 (G) Refusal Past Earnings

[sarvind]

Thanks Pranvayu.

Seniors, please advise on whether and how to go about the AR in this case and if it is a valid one.

[geriatrix]

Hi,

I applied on the 9th Nov and got my rejection letter today .

I was deputed to UK by my current employer on a work permit for the last two months (Sept and Oct 2010).

During the last two months, since it was a short term, I was paid both Indian and UK salaries (effectively I had an Indian and UK salary for both sept 2010 and oct 2010).

I had applied the uplift ratio for the indian salary and no uplift ratio for the salary earned in UK. But the embassy has not applied an uplift ratio eventhough the salary was got in India.

See Salary Explanation:Applying this week.


regards

[sarvind]

Thanks sushdmehta.

Dont you think its not clearly mentioned that the uplift ratio will be applied in the country of work.

They have mentioned that the salary band will be decided based on the country where the work was undertaken, but it doesnt clearly mean that the uplift ratio will be applied in the country of work.

Also it says the Points Based calculator will automatically apply the uplift ratio, but the calculator has only the country where the earnings were got, it doesnt say anything about country of work. (I understand that the calculator is only for guidance)

[sarvind]

Do you think I should apply for an administrative review, since it is not clearly mentioned in guidelines about the uplift ratio?

[mulderpf]

Hi,

I understand the ukba guide says as below:

132. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.

133. Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.

Funny that you left out point 131 - then suddenly the context of 132 and 133 changes completely:

131. To reflect differences in income levels across the world, the income level required to score points varies depending on where the applicant was working at the time he/she earned the money. We use a series of calculations (known as uplift ratios) to bring overseas salaries in line with their United Kingdom equivalents. The level of uplift we give depends on the average income in the country in which the earnings were made. This calculation is made automatically using the points based calculator on our website at http://www.ukba.homeoffice.gov.uk/worki ... ssessment/. Table 2A of Appendix A (Attributes) of the Immigration Rules lists countries and the appropriate conversion rate.

"...depending on where the applicant was working..."

[sarvind]

I understand mulderpf. But yet that would still be an implicit meaning and ambiguity exist isnt it. Though it might be an implicit meaning, it maybe hard for the applicant to guess isnt it?

Though the country of work is stated, nothing clearly indicates that the uplift will specifically be applied based on the country of work.

In addition it states the points based calculator will automatically apply the uplift ratio, also the caluclator never asks for the country of work.

I thought it might be better to go for an AR as the guidance notes are not specifically clear, though we can obviously guess the outcome maybe negative.

I request you guys to please review the AR letter for me and let me know if theres anything wrong:




To, Date: 19th November 2010
Place: Bangalore
British Deputy High Commision,
Visa Section,
20 Anderson Road
Chennai 600 006

Dear Sir/Madam,

Subject: Request for Administrative Review of decision of Tier 1 (General) Visa application

I have recently received a letter of refusal for entry clearance under the Tier 1 (General) Visa category.

I believe the decision to refuse my application may have been incorrect due to certain reasons. Hence, I request for an administrative review of the decision. Please find the reasons and clarifications stated below.


GV51 - Comments from ECO:

Previous Earnings:

Points Claimed: 30 Points Awarded: 25

• Payslips from November 2009 to August 2010, Gross Earnings – Rs 548472*0.01376 - £ 7546*5.3 = £ 39998
• Original pay slips for the period of September 2010 to October 2010. Salary credited into xxxxxx. Gross Earnings – Rs 118984 * 0.01410 - £ 1677 (no uplift given)
• Original payslips for period September 2010 to October 2010. Salary credited into xxxxx. Gross Earnings - £ 2600
• Total Gross Earnings = £ 44277

You therefore qualify for 25 points


Attributes (80 points required):

The documents you have provided do not support your claim of 80 points under paragraphs 1-31 of appendix A of the immigration rules. Specifically, you have claimed 30 points for previous earnings , but on basis of documents you have provided qualify for 25 points.


Clarifications:

I have not been given the uplift for overseas earnings in India from September 2010 to October 2010. I have marked my comments as Arvind below:

The policy guidance states as below:



Adjusting overseas earnings

131. To reflect differences in income levels across the world, the income level required to score points varies depending on where the applicant was working at the time he/she earned the money. We use a series of calculations (known as uplift ratios) to bring overseas salaries in line with their United Kingdom equivalents. The level of uplift we give depends on the average income in the country in which the earnings were made. This calculation is made automatically using the points based calculator on our website at http://www.ukba.homeoffice.gov.uk/worki ... ssessment/. Table 2A of Appendix A (Attributes) of the Immigration Rules lists countries and the appropriate conversion rate.

132. The country in which the applicant has physically undertaken the work, rather than his/her nationality, the currency payment is made in or the country in which payment is made, determines the income band against which we will assess the earnings.

133. Where an applicant has earnings from more than one country, the points based calculator will apply the appropriate uplift ratio for each country in which the relevant earnings were made in order to provide a total UK equivalent value of earnings.


Arvind:

131 states that “the income level required to score points varies depending on where the application was working at the time he/she earned the moneyâ€

[mulderpf]

I still think you are wasting your own and UKBA's time. The guidance is NOT ambigious and I think most people understand that overseas salary adjustments are made for work undertaken overseas. Point 131 explains it and it is explained again inthe Appendix as well. Do it if you think but I doubt you will get anywhere.

As I mentioned before, you are quoting everthing as single sentences completely out of context. If you look at it in context, it is very clear that you misunderstood what "where you earned the money" means, even though it is clarfied.

It is unfortunate and I would be as tenacious if I misunderstood a point or two in the guidance, but it is not a minor point that you misunderstood. If it was a minor point you were arguing, then sure, but in your case you are trying to argue on of the major points on which the uplift ratio is built. You will probably not win this one.