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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11807
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi. I need to know what grounds will be successful for an immigration

Customer Question

Hi. I need to know what grounds will be successful for an immigration appeal where the grounds for refusal for a tier 2 visa general visa was that:

the entered salary was too low because a 'bonus' does not count towards the hourly rate paid to the worker. The hourly rate entered was too low. It needed to be £12.51, but they argue it is £10.99.

'The minimum accepted hourly rate of pay for your prospective employment is £12.51, as stated in occupation code 1142'

'Your salary would be £20,000 per annum. The hourly rate based on a 35 hour working week is £10.99.

'Your Certificate of Sponsorship states that you will be recieiving an allowance of £2,800 per year, however as this is a bonus payment it cannot be considered for appropriate salary as per our guidance.'
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.
Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

Are there any other grounds for refusal?
Customer: replied 4 years ago.
no. that is the only one
Expert:  INC replied 4 years ago.
Hi,

Unfortunately, the UKBA are correct. Bonuses are only considered, if guaranteed and accounted for.

The UKBA guidance notes state:

  • You must give the gross salary figure which includes any allowances and guaranteed bonuses;
  • You must give a separate figure for the total of all allowances and guaranteed bonuses included in the first figure; and
  • You must give a detailed breakdown of each allowance and each guaranteed bonus showing what they are for and the value of each one.

 

If the bonus figure, which forms part of your salary, was not properly accounted for, you will find it difficult in winning at Appeal as the decision would have been made on the documents that you previously provided, unless your employer is prepared to state that the bonus or any other alowances are guaranteed and form part of your salary.

 

I hope this answers your question. If so, kindly click ACCEPT.

 

Kind regards,

Customer: replied 4 years ago.
We did state that the bonus was 'guaranteed' but they still did not treat it as part of the salary. Does this mean they erred in their decision.
Expert:  INC replied 4 years ago.
Hi,

Without seeing the letter of refusal and based on the information you have provided above, it seems tat they have and you may have a pretty good chance at Appeal.

I hope this answers your question. If so, kindly click ACCEPT.

 

Kind regards,

Expert:  INC replied 4 years ago.

I hope this answers your question. If so, kindly click ACCEPT.

 

Kind regards,

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