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WP -> Tier 1 (General) Complicated Transition

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Boogie
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Joined: Thu Jul 24, 2008 8:14 pm

WP -> Tier 1 (General) Complicated Transition

Post by Boogie » Thu Jul 24, 2008 8:24 pm

Hello all,

First post, hoping you smart people can help me out.

I am currently in the UK on a WP.

Last week I applied for a Tier 1 visa via an agency.

On Wednesday I got the sack from my current job.

Today I found out that even though I gave all my documents to the agency last week, they only submitted the application today.

What is my current immigration status?

I have read that I have 28 days "grace" after getting the sack from my current job (which my WP is based on) to sort something out.

I have also read that my status after a Tier 1 is submitted is is "pending" and that I can stay in the UK on my current visa until it is decided.

However as my current visa is no longer valid. Where do I stand? Do I need to leave the country until my current application is decided, or can I stay until I find out the results?

I know there isn't any form for "urgent consideration" but do you think this would count if I write them a letter?

I did some searches on the forums but couldn't find anything specific. Your help is greatly appreciated.

Thanks.
Boogie

lion686
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Joined: Mon Nov 19, 2007 4:41 am

Post by lion686 » Fri Jul 25, 2008 2:58 pm

Boogie,
Lion

JayTulip
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Posts: 13
Joined: Sun Jul 06, 2008 10:18 pm

complicated, indeed

Post by JayTulip » Fri Jul 25, 2008 10:23 pm

Hi and sorry about your situation. It is complicated, indeed.
I believe you are correct about the 28 days rule.
You may be best off by calling the Home Office and asking them for advise, without giving your name and other data out. Another way is to consult an immigration consultant, maybe not the agency that was helping you with the application, as they may be obligated to reveal your situation to the HO.
Very best of luck to you.

Boogie
Newly Registered
Posts: 13
Joined: Thu Jul 24, 2008 8:14 pm

Re: complicated, indeed

Post by Boogie » Sat Jul 26, 2008 10:18 am

JayTulip wrote:Hi and sorry about your situation. It is complicated, indeed.
I believe you are correct about the 28 days rule.
You may be best off by calling the Home Office and asking them for advise, without giving your name and other data out. Another way is to consult an immigration consultant, maybe not the agency that was helping you with the application, as they may be obligated to reveal your situation to the HO.
Very best of luck to you.
Thanks for the advice.

I'll give them a call.

Do you think there is any chance I need to go home and wait pending my current application being considered. That poses another problem though, as my application was an in country application?

Any help is greatly appreciated.

Boogie

Boogie
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Posts: 13
Joined: Thu Jul 24, 2008 8:14 pm

Re: complicated, indeed

Post by Boogie » Sat Jul 26, 2008 10:19 am

JayTulip wrote:Hi and sorry about your situation. It is complicated, indeed.
I believe you are correct about the 28 days rule.
You may be best off by calling the Home Office and asking them for advise, without giving your name and other data out. .
Sorry for the quick second post.

What's the best number to call them for general advice like this?

I'll have a look on the forums and BIA site, but if anyone has some advice that would be great.

B

JayTulip
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Posts: 13
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Post by JayTulip » Sat Jul 26, 2008 10:27 am

there is always a chance for anything but hope for the best
and call them at once
very best of luck to you

Boogie
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Posts: 13
Joined: Thu Jul 24, 2008 8:14 pm

Post by Boogie » Mon Jul 28, 2008 3:44 pm

JayTulip wrote:there is always a chance for anything but hope for the best
and call them at once
very best of luck to you
OK i took your advice and called the home office.

They said that as my Tier 1 application was pending, even though I have lost my job, I can stay in the UK legally as long as my application is pending. I cannot work at all, as I have lost my previous job, but there is no problem with staying in the country.

I asked about Urgent Treatment and it was suggested that I fax through a request and a case worker might "consider it".

My question now is; do I want to fax through an urgent treatment request, saying that I want my application looked at quickly becuase I have lost my job?

Will this reflect negatively on my application? All of the details included are still correct and valid (previous earnings, education, age), I am just worried that the fact I am now unemplyed may factor on the case workers mind. I did also state that I am employed on the form, so maybe I need to send through a change of circumstances too?

Does anyone have any advice? should I submit urgent treatment or not?

Thanks in advance,
Boogie.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Mon Jul 28, 2008 4:22 pm

Boogie wrote: do I want to fax through an urgent treatment request, saying that I want my application looked at quickly becuase I have lost my job?
Don't think this is reason enough to warrant urgent treatment. But if you still want to do it, sending a request should not have a negative impact on the consideration of your application. The CW can simply ignore the request .. no harm done!

Personally, if I were you I wouldn't try to anything of this sort at this moment.

regards
Life isn't fair, but you can be!

JayTulip
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Joined: Sun Jul 06, 2008 10:18 pm

Post by JayTulip » Mon Jul 28, 2008 4:35 pm

You certainly won't lose anything by trying to submit an urgent treatment request. However, you need to be aware that HO is not really taking urgent requests as exceptional cases due to an overwhelming number of such. So, now it is purely a matter of luck if your urgent request gets noticed and acted upon as such.
Best of luck.

Boogie
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Joined: Thu Jul 24, 2008 8:14 pm

Post by Boogie » Sat Aug 16, 2008 10:30 am

Just a quick update for everyone. Got through to the HO and they confirmed I am perfectly fine to stay in the UK while my application was pending. I sent off an urgent treatment form, and it was accepted!

Hopefully my visa will come through soon and I can start work!

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