Tier1General Extension AdminReview rejected & removal notice

[saf481]

Hi All,, - Urgent help please

I have applied for an extension of my current Tier 1 General visa in March 2015 and it was refused after 4 months with option allowing only to apply for Admin Review. Admin Review also failed and the original decision was maintained, further they sent me a removal notice when they rejected the admin review.

I already have my current Tier 1 general till April 2016, How can they send me removal notice!?

Further they mentioned in their admin review-rejection letter that they have withheld my passport and that is nonsense because they have already sent me my passport and BRP back after they made the original decision.

Question 1: What does this mean to me ? Am I to be removed according to them or they have, very likely, made a mistake in sending me the notice?

The rejection was entirely based upon the answers I gave in the interview that they called for 3 months after I made the application and they claim that secretary of state is not satisfied that my earnings are genuine.

Question 2: Where and how can i get hold of the interview video and its transcript. I am very convinced that there is a difference in the video and the transcript.

[naveediiqbal]

This obviously seem to be a mistake if you have a valid leave and BRP until next year. Send them a letter to clearify with case worker ask a written response from them.

[saf481]

Thank you. Also any information on where and how I can get hold of the interview video and transcripts?

[naveediiqbal]

Thank you. Also any information on where and how I can get hold of the interview video and transcripts?

Consider raising a SAR

[rpsarangi]

Can you tell us a bit more about your interview?
what was asked regarding your self-employment..?

[saf481]

Thank you. Also any information on where and how I can get hold of the interview video and transcripts?

Consider raising a SAR

I have managed to get hold of my interview transcripts. Just need to email <TMInterviewHub@homeoffice.gsi.gov.uk>. They are pretty quick in response.

Apparently they manage all the visa interviews.

[saf481]

Thank you. Also any information on where and how I can get hold of the interview video and transcripts?

There is NO AUDIO/VIDEO RECORDING of the interviews! Its just the transcripts and I can already see a fundamental flaw in their process. I ll provide more updates on this soon.

[saf481]

Can you tell us a bit more about your interview?
what was asked regarding your self-employment..?

Here is an entire template for you -
My experience tells me that the more precise and spot-on you are with your answers the better chances you have to satisfy the Secretary of State. Long elaborate answers are not good.

===================================================================
TEMPORARY MIGRATION CREDIBILITY INTERVIEW TEMPLATE (Tier 1 General)
Immigration History Question (all):
1. What is your current immigration status?

Education Questions (all):
2. What Qualifications do you hold?
3. Where did you study?

Employment Questions (all):
4. Are you currently employed?
5. What work have you been doing since your last grant of leave?
6. What is the name of your current employer(s)?
7. How long have you been employed with your current Employer(s)?
8. How many hours a week do you work, and on what days (for each employer)?
9. What is your annual salary for your employed work?
10. What other previous employment or business experience do you have?

Multiple employers (supplementary G, H):
11. From which of your employers do you earn the higher salary?
12. What is the nature of the business for each of your employers?
13. What is your job title and duties for each of your employers?
14. How many staff are employed by each of your employers?

Self Employment Questions (supplementary A, B, E, F):
15. How do your qualifications relate to this current employment?
16. Are you currently self employed or work through your own company?
17. How long have you been trading?
18. Do you run your business from home or business premises, (Interviewer-- if premises, how much rent)?
19. Who have you registered your company with?
20. How many staff do you currently employ?
21. What contracts do you have?
22. What is your self employed job title and what are your day to day responsibilities within your business? ( interviewer, self employment details only)
23. How many hours a week do you work, and on what days?

Both Employed/Self Employed Questions (supplementary E, F):
24. What is your main source of earnings?
25. How much have you earned in the last 12 months and what was the split in earnings between employed and self employed?
26. How do you manage your time between your employed work and your self employment?
27. Why have you continued to undertake employed work in addition to your business?

Director Questions (supplementary C, D)
28. What is the full name of your registered company?
29. When did you register your company with Companies House?
30. How long have you been registered as the Director of the business?
31. Are you the sole director of your business or do you have partners?
32. What services does your business aim to offer to the public?
33. What is the name of the accountant you use for your business?
34. How many employees are there in the company?
35. What is the company’s annual turnover?
36. How long has the company been trading?
37. Have you registered your company with any appropriate regulatory bodies?

Earnings and Funds Questions (all):
38. How much have you earned in the 12 months?
39. How are you paid for the work you do?
40. What are your monthly business expenses and outgoing costs?
41. Do you have any other income that you have not declared on your application?
42. Are you registered to pay tax?
43. When did you last complete a tax return?
44. Do you have an accountant? (if so, what are they called?)
45. What information did you provide to your accountant and how much did their service cost?

Supplementary Questions:
(provided by Caseworker pre-interview, or by Interviewer during interview)

Closing Questions / Comments:
Have you understood all the questions?
Would you like to ask any questions?

[rpsarangi]

@SAF481
Thank you for sharing the interview questions.
What is your next course of action? Please share and hopefully you get you your case sorted as you have valid stay and your visa haven't expired. This is a mistake .
Good luck and please share your case further
Good Luck.

[saf481]

Thank you. Also any information on where and how I can get hold of the interview video and transcripts?

There is NO AUDIO/VIDEO RECORDING of the interviews! Its just the transcripts and I can already see a fundamental flaw in their process. I ll provide more updates on this soon.

The fundamental flaw in the process, as I see, is that there is no original recording of the interview in the form of audio/video. The only out put from an interview is a transcript. "The transcripts are compiled by the interviewer during the interview as he/she hears the applicants answers." How effective can one be at doing that hearing and writing at the same time ?! For instance, my transcript has the name of the company I worked for totally changed!

Further the interviewer is given a predefined list of questions to ask, as I put down in another post. So the interviewer is effectively only writing answers to those questions as you speak. Any other dialogue that might have happened between applicant and the interviewer is just filtered out because it just wont fit anywhere in the template to fill. If such conversation turns out to be crucial in your case then you are simply on the loosing end because case worker does not know anything about it from the transcript handed over to him.

Please post what you think about such process and any suggestions about how to fight against a flawed process that Home Office is using to take its judgement.

[saf481]

My Tier 1 General visa is coming to end 15 April 2016. I had applied for extension in March 2015 that got refused and I applied for a judicial review. There is long litigation going between myself and the SSHD ever since I applied for JR. The SSHD agreed to settle and later changed her mind and I am trying to wield her back to settlement. The court has not accepted the JR application yet and probably wont be in a position of having to make that decision (due to the continued litigation) before my visa runs out. What would my status be when the visa expires and the JR claim is issued but the court is yet to accept my JR?

My wife is on dependent visa. I have not applied for her extension when I applied for mine in march 2015 because I though I would do it later. Now, with the decision to refuse my visa extension is applied for a judicial review, I dont think I can apply for her extension. Can I? What would be her status be when her current visa expires on 15 April 2016 and JR claim is yet to be accepted by the court at that point in time.

[saf481]

No answers yet

[ouflak1]

My Tier 1 General visa is coming to end 15 April 2016. I had applied for extension in March 2015 that got refused and I applied for a judicial review. There is long litigation going between myself and the SSHD ever since I applied for JR. The SSHD agreed to settle and later changed her mind and I am trying to wield her back to settlement. The court has not accepted the JR application yet and probably wont be in a position of having to make that decision (due to the continued litigation) before my visa runs out. What would my status be when the visa expires and the JR claim is issued but the court is yet to accept my JR?

My wife is on dependent visa. I have not applied for her extension when I applied for mine in march 2015 because I though I would do it later. Now, with the decision to refuse my visa extension is applied for a judicial review, I dont think I can apply for her extension. Can I? What would be her status be when her current visa expires on 15 April 2016 and JR claim is yet to be accepted by the court at that point in time.

What was the reason for the refusal?

[vinny]

When leave expires without the holder making an in-time valid application, the holder would become an overstayer.

[saf481]

My Tier 1 General visa is coming to end 15 April 2016. I had applied for extension in March 2015 that got refused and I applied for a judicial review. There is long litigation going between myself and the SSHD ever since I applied for JR. The SSHD agreed to settle and later changed her mind and I am trying to wield her back to settlement. The court has not accepted the JR application yet and probably wont be in a position of having to make that decision (due to the continued litigation) before my visa runs out. What would my status be when the visa expires and the JR claim is issued but the court is yet to accept my JR?

My wife is on dependent visa. I have not applied for her extension when I applied for mine in march 2015 because I though I would do it later. Now, with the decision to refuse my visa extension is applied for a judicial review, I dont think I can apply for her extension. Can I? What would be her status be when her current visa expires on 15 April 2016 and JR claim is yet to be accepted by the court at that point in time.

What was the reason for the refusal?

...that, based on the balance of probabilities, the sources of my earnings are not genuine. My other threads have quite a bit of detail on this.

[saf481]

When leave expires without the holder making an in-time valid application, the holder would become an overstayer.

I understand that part but my question is, Am I allowed to make a dependent application in the first place where the main applicant is refused and the refusal is disputed in the court by means of a Judicial Review? If not, is my wife not being setup to become an over-stayer when her visa runs out and my JR would not have reached a judgement yet?

[vinny]

My other threads have quite a bit of detail on this.

Threads merged.