EC Rejected

[rogerwaters]

Today my EC application rejected with by Rule 128 (iv) HC 395. Can any senior member advise please what is that? I have been given right to appeal within 28 days. Shall I go for it?

The reason "I note that you state you wish to live in Manchester where your sponsor lives but evidence you brought in shows that you have only looked jobs based in London".

Plzzz advise what to do now?

Regards,
Rogers

[John]

HC395 is the Immigration Rules. The part including paragraph 128 can be read be clicking here.

You will see that the part mentioned reads :-

(iv) does not intend to take employment except as specified in his work permit;

Please clarify .... you have posted your message in the HSMP part of this Board. But is it HSMP or Work Permit that you have been granted? It seems to me that paragraph 128 only applies to Work Permit applicants.

But even so, if you are going to be living in Manchester, are you indeed looking for work in London?

[Chess]

Roger,

As stated by John above, it appears there was an error as you applied for HSMP EC and not WP EC

No need to appeal. as this will take a very long time

Reapply and state that you are applying under HSMP and not WorkPermit. Did you complete the required areas of the VAF1?

[aromated]

Dear Chess
Is it possible to reapply once you get EC refusal. Kindly clarify.

Regards

[John]

If indeed you applied for HSMP EC and the ECO has clearly incorrectly decided the application as a WP EC one, suggest you do not formally appeal but instead write a polite letter to the Manager of the Visa Section pointing that out, and asking that Manager to review the decision.

You never know, this may all get resolved quite quickly in that way.

[rogerwaters]

Dear Friend,

I did apply under HSMP scheme not under WP. Now plzzz advise what I can do? Thank you sooo much for your reply.

[rogerwaters]

Yes. I clearly mentioned in my application application for Highly Skilled Migrant Programme. Infact I gave my proof of accommodation from my English friend and to show job ads from London was to show that Jobs are available to me in UK. So it doesn't matter where ever I get job in UK. Now all my original documents are with the ECO. I also think he might have taken my application as WP application. Now how I can proceed plz advise. I'm very upset.

[John]

Hi, as I posted at 7:58 today UK time, write a polite letter to the Manager of the Visa Section asking that Manager to review the decision, and pointing out that you applied for HSMP EC and it has been rejected on grounds relevant to a WP EC application.

Hope it all works out.

[rogerwaters]

Many many thanks dear John. You are absolute right. My solicitors have written to Visa officer via fax. They are going to wait for two weeks for his reply otherwise they told me they are going to lodge an appeal. Many thanks and hope everything is good. I will keep you informed.

[rogerwaters]

Again thank you so very much everybody. I will keep you inform.

[toksey]

I was denied entry clearance. This is the statement:
"I am not satisfied that you will be able to maintain and accommodate yourself (and any dependants) adequately without recourse to public funds.
Paragraph 130
I therefore refuse your application.
...so sad...
However, I was given right of appeal.
Firstly, I don’t have any dependants but I must confess I went in with a fairly deficient application and I didn’t know until I had been refused. I didn’t get a statement of accommodation and I didn’t show any job correspondence. These were all resources that were relatively within my reach but I didn’t know they would matter. Also went in with a bank statement a little over 2000 pounds plus a sponsor's account of over 20,000 pounds.
I want to appeal but I am aware that it might take an indefinite period of time. I will like to know if the absence of any dependant and the errors on my path are enough grounds to appeal.
I would like to know if it’s appropriate to reapply considering the HSMP approval document is yet to expire.
I wish I had found this forum earlier I would have saved my self a lot of misery.
I will appreciate your suggestions and my 28 days is ticking real fast.
Thanks

[rogerwaters]

Sorry to hear that your application been refused too. This is so sad. I think Pound 2000 bank statement wasn't enough to proof that you can support yourself during your stay. Secondly it also depends on the nature and mood of the ECO at the time of interview. So it really does matter as in my case they thought my application to be the application of WP rather than HSMP application. Alas...... what a world!

[Kayalami]

Toksey,

Sorry that your EC was refused. Without knowing all the circumstances of your case its difficult to determine excactly why a refusal was the result. However some comments.

1. 2,000 GBP on paper may seem o.k. but it may be your designated destination is an expensive region of the UK. In some parts of the South East your funds will get you a 1 bedroomed flat inclusive of an initial deposit for 1 month only. You need to eat, travel (inc. to the UK) etc.

2. Likewise you mention no details of your profession and the ease of finding such in the UK. Its no secret that a high proportion of HSMP's struggle in year 1...I am yet to meet more than a dozen who got appropriate compenstaion and even half of these are switching from WP so continue in their previous job. The visa officer may be of the opinion that your occupation will not directly lead to employment in the UK in the near term = an issue around funds to accomodate and maintain.

3. GBP 20,000 from your friend/ contact - what is your relationship, where did he/she get this lump of money, what is their UK status, do they work etc...its appears the visa officer deemed the support offer as not genuine. As a minimum did the sponsor submit a letter of support? Out of interest how many other people has he/she offered to support in the past?

4. Don't bother with an appeal - your HSMP approval letter will expire before it even gets to the appellate authorities for a hearing to be listed...that they are going a re-organisation pursuant to a new immigration act leads me to suspect you will be lucky to get a hearing before the end of this year.

5. Organise your paperwork - get better proof of personal funds, submit an expense report...such the forum many have given appropriate details. Re-submit the application - which visa post are you applying through?

[toksey]

Thanks you for the analysis. I have a much broader view of my situation.
I believe the part of UK I specified is expensive! I never gave it much thought till u mentioned it.
I am a Network Engineer and I am presently working as an Instructor at a cisco academy. I believe job searching wont be too exhaustive. I have some correspondence with recruitment
officers now but I didnt have it when I went in.
My sponsor is not in the UK and is actually my dad and he hasnt supported anyone to the UK in recent times. He submitted a letter of support but for one reason or the other it was disregarded. I guess HSMP doesnt recognise sponsors. I will like to know if they do. Luckily my sponsor intends to advance me in cash if I intend to reapply say about 1200 pounds.
I am not sure exactly what visa post means, but I am applying from Lagos, Nigeria.
I have also been trying to access the immigration law and policy site to find out what the paragraph 130 stands for, but its not going through.
Thanks again (in advance).

[rogerwaters]

Dear Friends, I have no luck getting any reply from the British High Commission yet.
1. My solicitors from London sent them urgent fax. No reply yet.
2. Contatced the many times by phone but they didn't put through to the any visa officer or incharge.
3. Once they replied and said ok they will see the matter. But still no response.
4. Contacted them by email twice but it seems they don't read emails carefully and their reply is not upto the point.

What to do now? Plz advise.

I wonder if I can re-apply for EC will my right of appeal be still valid? Is it possible to send appeal papers to UK as well as I apply here for EC again?

Very upset. Plz advise.

Regards,
Roger

[olatundun]

Hi Toksey,

I am a Nigerian too. Waiting for my HSMP approval.
So sad about the EC rejection. I share ur pain.

But Ofcourse, kep up the pace with the re-application. This time around you will be successful, insha Allah. Always bear in mind that Lagos, Nigeria is an exceptional Consulate Office. I mean whatever works elsewhere hardly works here.

Meanwhile, because of our peculiar environment in Nigeria. We accidentaly meet here http://www.hsmp-services.co.uk/phpBB/vi ... 04dded119e
join us there a few experience guyz as they unleash the full gist of the embassy. I am sure this will be more helpful for you.