Thanks for your replies so far. I am really dissapointed with the decision after 9 months, which took so long and made some mistakes.
Sagareva - Yes, my accountant is member of the National Accountancy Association of Venezuela and this association certified his letter, which later on was translated by a public translator.
The IAFAC has a list of current members (Associations of Accountants from different countries), the Venezuelan Assocation was one of the founding members in 1977. Currently, if you put on the search box, it appears as "former member" (Do you recon that this is the reason for refusal?)
I still have no clue why the HO did not award any points for my employee salary earned in the UK. They mentioned in the letter that I earned certain amount in the UK (less than 20k), but they took just the net salary (shown on the bank statements) instead of the gross salary shown on the payslips.
Vinny - as you said that it is impossible, I would appreciate if you could please elaborate a little bit more. Is it based on this?
3.2. Applications lodged during leave under sections 3C and 3D
While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain....If an application is varied post decision, it would be open to the applicant to submit further grounds to be considered at appeal. As a result, there may be little difference in practice between a fresh application and a request to vary an existing application.
However, could I submit a fresh application during the 10 working days granted to submit an appeal which is triggered by 3C. 2
(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought (this is the 10 working days to submit an appeal), while the appellant is in the United Kingdom against the decision on the application for variation.
In this sense, I believe that I will not be an overstayer whilst submitting a fresh application as I will be covered with the period to bring an appeal, but will submit a fresh application instead of an appeal. Please correct me if I am wrong.
I also found this information on a HO Guidance September 2013:
The 28 day period of overstaying is calculated from the latest of:
the last day of their latest grant of leave to enter or remain
the end of any extension of leave they were given under sections 3C or 3D of the Immigration Act 1971, or
the date the applicant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, relating to an in-time application for leave to remain.
Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended. Therefore applicants without valid leave at the point they submit their application continue to be an overstayer throughout the period their application is pending.
On the other hand, if I apply after the 10 working days for submitting an appeal (3C) but within the 28 days, can they deport me as overstayer? or they could refuse the application for overstaying?
What about the period of 5 years to obtain the ILR under the Tier 1 General, will it be cut after the 28 days as I will not be covered by the 3C?
Sorry for asking too many questions, but the idea is to apply for the ILR in the long term and right now I could be awarded the needed points with a fresh application.
I would really appreciate any help, of course I will accept recommendations for any specialized barrister registered in the OISC.
Many thanks and regards,
David