manci wrote:dialectic wrote:
I am also scared that if I mention that I have been keeping my skills up to date with personal projects, unpaid work, internships and so on would raise an issue of me being in breach of immigration rules during my time as a producer by engaging on work as a web/multimedia designer even if it is unpaid.
keep in mind that the rules don't allow any work besides the sponsored employment except as described in paras 227 and 228 of the T2 policy guidance:
https://www.google.co.uk/#q=tier+2+policy
I am afraid that AR is done online and even if I mention this I won't be able to send my transcripts and work samples/links to work as an evidence.
if you cannot submit documents describe them in detail. If UKVI want to see them they'll ask. You are given an opportunity to set out why you think a mistake was made by UKVI. Hope your solicitor will make out a good case for overturning the decision.
Hi Manci. I greatly appreciate your help. I would like to comment and ask a couple of questions that would be vital/extremely important in order to make a decision, but first I want to refer to the guidance relating voluntary work
14.You cannot take employment, except:
• working for the sponsor in the job recorded on your Certificate of Sponsorship; and
• supplementary employment; and
• voluntary work; and
• you have been granted leave in the Tier 2 (Sportsperson) category, and you are playing
for your national side whilst you are in the UK or doing temporary additional work as a
sports broadcaster.
And also….
Voluntary work
228.You can also undertake voluntary work in ANY sector. You must not be paid for your work, other than the reasonable expenses outlined in section 44 of the National Minimum Wage Act, detailed at http://www.opsi.gov.uk/acts/acts1998/uk ... 80039_en_1.
Regarding this I have been keeping my Web/Multimedia skills and knowledge up to date with voluntary work. I can do it in any sector as the rules state. Work samples from this voluntary work have been presented to my prospective employers as a sample of my skills and have helped me in getting good feedback and the job offer/sponsorship in question
Apart from voluntary work I have also done personal projects that have helped me in keeping my skills up to date and have not interfere with my main duties as a tier 2 worker doing production work. So, according to this the voluntary work I have done is according to the rules and I am not in breach.
Now I want to refer to the guidance regarding administrative review:
FROM THE ADMINISTRATIVE REVIEW GUIDANCE https://www.gov.uk/government/uploads/s ... _final.pdf
AR2.4 The Reviewer will not consider any evidence that was not before the original decision maker except where evidence that was not before the original decision maker is submitted to demonstrate that a case working error as defined in paragraph AR2.11 (a), and (b) has been made.
According to this, I cannot submit any additional evidence if I go through administrative review: The evidence that I have could be the following:
1. The CV that I used to apply for the job that is being offered to me in question. In this CV there is a mention of my voluntary work experience during both my MBA student time and also as a Producer with my previous sponsorship
2. Work samples of websites/multimedia pieces done during those voluntary work experiences, and also personal projects that I have done for myself and that I have presented to various job interviews for Web/Multimedia positions, including this one in question. Also, Work samples that I did as trials or as a showcase of my skills for this specific job in question
3. A certified English translation of my 2006 Visual Arts degree certificate and notes/grades transcripts. There is the "Multimedia" subject/class across 2 periods
4. Work samples from my experience as a Web/Multimedia Designer before coming to the UK (2006-2012)
5. I might be able to ask my prospective employers a letter to state that they are aware of my experience and that they saw the former work samples.
6. I might be able to ask previous employers of my voluntary work experience for reference letters
(Some of my work samples are available on my personal server and/or on my website)
The administrative review seems to have the function of pointing out mistakes of the original decision maker. Not supplying the evidence that I just listed during my initial application could be considered my mistake and not theirs… Also, I cannot send any new evidence through Admin Review as it has been stated before.
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I spoke to two solicitors. One is willing to do the Admin Review and says I have a case when it comes to me actually having the skills for the job.
The second solicitor stated that taking the Admin Review was a formality and that they will surely refuse again stating the same reasons. He also said that doing the Admin review was good anyways and that it should be done in order to keep them from pointing out that I didn’t take the opportunity to respond. He also mentioned judicial review after getting the refusal from the admin review to challenge the decision. He also mentioned the possibility of making a fresh application at any time. Getting a new CoS and applying again which in my case, is possible.
Now, here’s the most important question:
My prospective employers are really supportive of me and really want me as I fit and work well. But they can’t wait for me too much as the position needs to be filled and there might be changes in the company structure soon that can make things more difficult. I am also waiting for a curtailment letter due to my previous company revocation. I know about previous co-workers that are starting to receive their curtailment letters. So time is running out.
Would it be advisable to get a second CoS assigned and make a new application now using premium service, attaching the documents that I listed below and adding a cover letter explaining everything regarding the previous refusal and me actually having the skills for the job? Or Should I go through the Admin Review describing my skills/documents in detail as you mention Maybe including links to my work samples) and hope for the best? Going through the Admin Review/Judicial Review process seems to be lengthy and I am scared about losing the job. I am also scared about them not being able to take my work samples as documentary evidence.
Please, if you could shed some light on this I would really appreciate it. The risk I take from now on is quite high not only regarding a lot of money and debts that I could not cover without a job, but also about a future in which I have put a lot of time and effort in.
Last, I am sorry about this long post…
Thanks
