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Refused - Work experience

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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FromOZ
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Refused - Work experience

Post by FromOZ » Thu Dec 09, 2004 11:57 pm

Hi All

I called the HSMP team yesterday and was told I'd been rejected for not having graduate level work experience.

I am a lawyer, and have been for 3 years. I sent lots of evidence to prove this, although I did not have a letter from my employer specifically stating that "lawyer" is a graduate level job. I'd have thought it's pretty obvious that you can't be a lawyer without a degree! (I even sent an extract of the Legal Practice Rules which clearly state that).

I'm most disappointed, and doubt I'll bother applying for a review, as I've already waited more than 6 months for a decision, and this just seems ridiculous.

I guess it goes to show that you can't make any assumptions about what the HSMP team do and do not understand about jobs. Hope my experience assists others in preparing their applications.

EdgeHillMole
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Post by EdgeHillMole » Fri Dec 10, 2004 3:57 am

Wow, hard to believe someone not knowing a lawyer is a graduate level job. :shock:

Are you under 28? If you are 28 or over, don't think 3 years of graduate work qualify for any points (Unless you also happen to have a PhD). You may want to check this out, just to confirm.
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FromOZ
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Post by FromOZ » Fri Dec 10, 2004 4:56 am

Hi

Yes, I should've clarified that. I am under 28.

Mobig
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Post by Mobig » Fri Dec 10, 2004 6:25 am

Hei fromOZ,
Its hard to believe what you wrote. it will be more easier to sort out your case if you clarify the points (category wise) you claimed. Will be much better if you write the same wording mentioned in your letter. It is just to clear what exactly the matter is. Sometimes we or the case workers could not get the real meanings.
Dont be disappointed...........

FromOZ
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Post by FromOZ » Fri Dec 10, 2004 9:51 am

I haven't received a letter yet. So far I've only had the information over the phone. Will be interesting to see what they say.

Also, it surprises me that in some cases they ask for further information, while in others (like mine), there's no warning, it's just outright rejection. I wonder upon what basis they decide who they'll seek further information from and whom they won't....

Alagomeji
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Post by Alagomeji » Fri Dec 10, 2004 1:49 pm

Is it possible that these guys have decided that Law isn't a field where they need people? I think there might be a bit of high-handedness towards lawyers who didn't study in the UK.... though I would have felt that a degree in OZ would be recognized (I'm assuming here that OZ=Australia!)
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Vayu
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Post by Vayu » Fri Dec 10, 2004 1:58 pm

when dealing with bureaucrats, spell it out for them on a letter from the employer that it is a graduate level job and were only hired after finishing from a recognised Australian uni.

Also include your degree/statement of results in the application to show that you have passed your degree, and that you have been admitted as a solicitor in your state.

sarab
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Post by sarab » Fri Dec 10, 2004 2:00 pm

FromOZ wrote:I haven't received a letter yet. So far I've only had the information over the phone. Will be interesting to see what they say.

Also, it surprises me that in some cases they ask for further information, while in others (like mine), there's no warning, it's just outright rejection. I wonder upon what basis they decide who they'll seek further information from and whom they won't....
FromOZ, That is a good point. How do they decide when to ask for further information and when not to?
Here is what I think (actually let's say my guess):-
1) Caseworker believe that a case is valid for approval but just need to convince that everything is in order, so asks for more documentation.
2) Caseworker believes that case is boundary line case (like can get 50 - 65 points) then asks for more documentation to see if the case can actually get 65 points.
3) Caseworker thinks that a case cannot get 65 points (or any other problem) and thus rejects it without asking for additional documentation.
4) Caseworker doesn't want to wait for additional documentation and rejects it (I don't know why, but I think it could happen).

If someone has some information to help us findout which are valid scenarios out four mentioned above, that will be helpful.

zahidhsmp
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Post by zahidhsmp » Fri Dec 10, 2004 2:13 pm

Its very strange that they haven't considered lawyer a graduate. However can you continue job as a lawyer in UK? I mean do lawyers also require some sort of regisration with some body as doctors do? If lawyers have any such requirements for working in UK and you dont have that then this may be the reason of your rejection. Possibly the case worker may not have told you the correct reason. :?: I mean other than this there should be no reason to reject and surely you can ask for review.

Regards

zahidhsmp
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Post by zahidhsmp » Fri Dec 10, 2004 2:20 pm

The following link may be helpful:

http://www.immigrationboards.com/viewto ... ght=lawyer

Regards

lightpace
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Post by lightpace » Fri Dec 10, 2004 7:26 pm

my line of thinking on this situation rhymes with that of sarab especially in point 3. may be the caseworker felt the threshold could not be met and came up with that decision.. it would really be helpful to have the breakdown of the scores at any rate..
donot lose total hope yet FromOZ, as long as u can still appeal :)

try-one
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Post by try-one » Fri Dec 10, 2004 10:18 pm

You can not asume someone will give you points, Lawyer might be a graduate job in most countries but there is no guarantee, the responsability relies on you as applicant to prove you comply with the HSMP rules, you should add as many documents as you can and explain as detailed as you can to avoid any objections, i learned a few years back that: " ASSUMPTION IS THE MOTHER OF ALL FUCKUPS!!", you have been waiting six months, you are under 28 and you feel that it is too much and not worth it......I suggest you provide the additional documentation and you give it a little push, you might regret loosing the opportunity of improving your live experience.
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Life is a journey, not a destination (S. Tyler)

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