Tier-1 rejected as holding WP with 1 years LTR

karupalli · Post by **karupalli** » Tue Aug 19, 2008 4:34 pm

Dont know anybody have this experience. One of my friend's Tier-1 application rejected as he has 1 year wp. Case worker rejected the application (with no appeal) saying that as he dont see any reason to apply for Tier-1 (He also mentioned that "as you are having WP, no need to apply Tier-1). Anybody has similar case??

karupalli · Post by **karupalli** » Tue Aug 19, 2008 4:38 pm

Forgot to mention.. He applied from UK. I think people applying ior tier-1 should specify the reason in cover letter "Why they need to switch to Tier-1 from WP".

jhp · Post by **jhp** » Tue Aug 19, 2008 4:45 pm

karupalli wrote:Forgot to mention.. He applied from UK. I think people applying ior tier-1 should specify the reason in cover letter "Why they need to switch to Tier-1 from WP".

I applied and got a tier1 approved recently. At the time of the application I had 3 years LTR on my WP visa. I didnt not specify any reason to switich to Tier1.You might want to clarify it again with your friend. I dont think rejection because of a LTR is a valid reason. I applied from within the UK.

darksun · Post by **darksun** » Tue Aug 19, 2008 4:45 pm

But this is so weird! I've never seen in any document that there is a rule like that! Is there anyone here moved from WP to Tier 1 with more than 1 year wp?

darksun · Post by **darksun** » Tue Aug 19, 2008 4:46 pm

yeah I mean this sounds really weird

karupalli · Post by **karupalli** » Tue Aug 19, 2008 4:52 pm

Yes... My friend unnecessarily wasted money...

. Depends on the caseworker also right... ???

aragorn99 · Post by **aragorn99** » Tue Aug 19, 2008 4:54 pm

errr.........what cover letter ? I did not send any cover letter.

grant1 · Post by **grant1** » Tue Aug 19, 2008 4:55 pm

There must be definately something else..........caus this sounds really wierd. U have to ask him again wht is the reason exactly.

THis is definately the strangest thing i have heard about tier-1 soo far

karupalli wrote:Forgot to mention.. He applied from UK. I think people applying ior tier-1 should specify the reason in cover letter "Why they need to switch to Tier-1 from WP".

karupalli · Post by **karupalli** » Tue Aug 19, 2008 4:57 pm

I have to ask him and get more details. will get the details.... As such I got HSMP when I was having 4 year LTR. (3 years back).. So I couldn't believe what happened.... really strange.. but not sure what the current scenario is...

darksun · Post by **darksun** » Tue Aug 19, 2008 5:00 pm

I am sorry but this made me panicked a bit since I have even longer valid wp....

karupalli · Post by **karupalli** » Tue Aug 19, 2008 5:03 pm

ofcourse we can always say that we want to start a business and as wp holder we can not do that.... but atleast we expect the caseworker know the difference between wp and tier-1.

darksun · Post by **darksun** » Tue Aug 19, 2008 6:21 pm

I was so shocked with this I checked at ukba site;

The immigration categories from which you can switch into the highly skilled worker category

If you are in the United Kingdom and wish to stay as a highly skilled worker, you will need to be sure that you can switch into this category.

Switching into this category is allowed if you currently hold leave in the following categories:

* Highly Skilled Migrant Programme (HSMP);
* Fresh Talent: Working in Scotland;
* International Graduates Scheme (IGS);
* innovator;
* postgraduate doctor or dentist;
* student;
* student nurse;
* student re-sitting an exam;
* student writing up a thesis;
* work permit holder;
* business person;
* self-employed lawyer;
* writer,composer or artist;
* entrepreneur (tier 1);
* investor (tier 1); or
* post-study worker (tier 1).

it doesnt say you have to say that amount of LTR to apply... This is ridicilous...

Post by **geriatrix** » Tue Aug 19, 2008 6:45 pm

My guess is that the application got refused for some *valid* reason but since the applicant has current leave to remain in UK on basis of WP, UKBA has denied the right to appeal (which is in line with the law).

regards

tier1_intheuk · Post by **tier1_intheuk** » Tue Aug 19, 2008 6:47 pm

I applied with almost 20 months remaining on work permit visa and still got my tier 1 approved.

As far as I know there are no conditions on how long your work permit has to be valid for before you can switch to Tier 1.

Ask your friend to post the exact wording from the refusal letter, and it may be clearer as to why the application was rejected.

It is possible that the application was rejected on some other grounds, but an appeal has not been given as an option as the applicant still has a year remainig on his WP Visa. See post by "dominicprabhu" in the thread below where he was rejected because his salary level was insufficient, but he was also denied a chance to appeal as his visa was still valid until Aug 2009.
http://www.immigrationboards.com/viewto ... start=2860

Could be something similar going on here...

republique · Post by **republique** » Tue Aug 19, 2008 6:51 pm

karupalli wrote:Dont know anybody have this experience. One of my friend's Tier-1 application rejected as he has 1 year wp. Case worker rejected the application (with no appeal) saying that as he dont see any reason to apply for Tier-1 (He also mentioned that "as you are having WP, no need to apply Tier-1). Anybody has similar case??

Yeah you don't have precise information because the case worker did not say quote, you are having a workpermit unquote. So please get all the details and facts and get back to us. Ciao

JESSIES · Post by **JESSIES** » Tue Aug 19, 2008 10:36 pm

I think the LTR timeframe is an issue. Every lawyer I've called always asks me how much leave to remain I have. (I am on WP in UK). I can't remember exactly what was said to me along the way but I was always aware that if you have a short LTR that could be an issue. You wouldn't neccessary get refused but it could be an issue.

darksun · Post by **darksun** » Wed Aug 20, 2008 9:56 am

so what you're saying is; if LTR is short this is an issue, not when you have a longer LTR?

JESSIES wrote:I think the LTR timeframe is an issue. Every lawyer I've called always asks me how much leave to remain I have. (I am on WP in UK). I can't remember exactly what was said to me along the way but I was always aware that if you have a short LTR that could be an issue. You wouldn't neccessary get refused but it could be an issue.

darksun · Post by **darksun** » Wed Aug 20, 2008 10:07 am

But still this doesnt make sense... A friend of mine whoi had 4-5 month work permit left on his passport got his Tier 1....

jhp · Post by **jhp** » Wed Aug 20, 2008 11:06 am

darksun wrote:But still this doesnt make sense... A friend of mine whoi had 4-5 month work permit left on his passport got his Tier 1....

There are people who have applied with about a month left back on their LTR. I suppose agencies ask for it just to be cautious that the applicant has enough time left on his LTR for the result to come through. I think its best not to speculate unless we get the exact wording on his/her rejection letter.

karupalli · Post by **karupalli** » Wed Aug 20, 2008 3:20 pm

I am trying to find exactly what happened.. as he is on travel, i am not able to find what happened exactly... May be he was rejected on something else also and no appeal is given as he has valid wp. Until I find, please don't get panicked by what I wrote.. Just apply normally.

karupalli · Post by **karupalli** » Tue Aug 26, 2008 2:53 pm

Sorry it is my mistake to post the wrong information. My friend was trying to apply for HSMP dependent visa it seems (Not HSMP). The reason for rejection as you can not switch to HSMP dependent from WP within UK. (you have to travel back to home and apply for it).

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Tier-1 rejected as holding WP with 1 years LTR

Tier-1 rejected as holding WP with 1 years LTR

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Re: People applying for Tier-1

wasting of money

Re: People applying for Tier-1

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Re: Tier-1 rejected as holding WP with 1 years LTR

mistake