Tier 1 application refused and WP visa expired ..help

[vijayvvd]

Hi,
My WP visa was expiring on 4 oct 2008, I made application for TIER 1 Visa on 8th Aug 2008.
However to my disbelief they refused my application for Tie 1 visa (They did not like my bank statements) on 30 th Oct 2008. The decision reached to me on 31st oct 2008 (Friday).
Monday I spent the time to gather all documents, to apply in WP extension LLR category (My employer has got intime extension for WP).
I will be sending the application on Tuesday (04 Nov 2008), in order to help them to consider quickly I am paying fees by postal order.
I have written a covering letter explaining the whole situation.

Can somebody suggest me, what more I can do to come out of this?
Please please help me

[berkshire1987]

Hi,
My WP visa was expiring on 4 oct 2008, I made application for TIER 1 Visa on 8th Aug 2008.
However to my disbelief they refused my application for Tie 1 visa (They did not like my bank statements) on 30 th Oct 2008. The decision reached to me on 31st oct 2008 (Friday).
Monday I spent the time to gather all documents, to apply in WP extension LLR category (My employer has got intime extension for WP).
I will be sending the application on Tuesday (04 Nov 2008), in order to help them to consider quickly I am paying fees by postal order.
I have written a covering letter explaining the whole situation.

Can somebody suggest me, what more I can do to come out of this?
Please please help me

The following below is from the UKBA site and is clear. Although, you were applying for T1, you didn't satisfy the requirements. You need to the leave UK when your permission to stay expires. I don't know how they will deal with it as you applied for T1 instead. You did not satisfy the requirements for T1 though.

Someone will have more experience on this issue.

Can I extend my work permit?

This page explains whether you can apply to extend your work permit.

If you want to apply for an extension to a work permit you should apply before the person's permission to stay in this country runs out. You will need to apply at least one month before the date when their leave runs out, but no more than three months before.

If you submit a work permit extension application, the individual may continue working with you while this application is being considered provided he/she either:

continues to have valid leave to remain; or
has submitted an application for further leave to remain before the existing leave to remain expires.
On an extension application you should always state why and for how much longer you need to employ the person.

[vijayvvd]

Hi Berkshire,
This was suggested by CC, I explained my case in detail to them.

My refusal letter says they have considered by stay upto 30th as valid.

I am not sure , does my application fit in within 28 days criteria?
( I am not sure what it is?).

I am not sure but since my work permit extesion is valid, is that helping me?

Please guide me

[berkshire1987]

Hi Berkshire,
This was suggested by CC, I explained my case in detail to them.

My refusal letter says they have considered by stay upto 30th as valid.

I am not sure , does my application fit in within 28 days criteria?
( I am not sure what it is?).

I am not sure but since my work permit extesion is valid, is that helping me?

Please guide me

So they said from that from the expiry of your WP to the date of your T1 application refusal notice (30 Oct) is valid. That means you should not be here now.

The 28 days relates to extending an existing WP. That would have been as of 6th September.

I'm confused by your last statement. It seems you do not have a valid WP and so can't extend it. They said it was valid from expiry up to the 30th October, that was whilst your T1 application was in.

I think you need to go home..........I could be wrong as I'm new to this. That said, I have read that you should continue to extend under existing WP rules and they are still currently in place. You can apply for a T1 but I'm sure extedning your WP should have been your first option. With that secured you could have then applied for a T1 at a later date. So that will be their arguement regarding this. So, you could be in breach of immigration laws.

[vijayvvd]

I'm confused by your last statement. It seems you do not have a valid WP and so can't extend it. They said it was valid from expiry up to the 30th October, that was whilst your T1 application was in.

.

Berkshire,
Sorry for confusion.
My WP was extended within correct time by employer. However I could not stamp visa based on WP extension as my passport was with office for T1.
I spoke to CC, the lady at other end spoke to case worker and asked me to apply as soon as possible.
But catch is I have been asked to stop working.
She clarified my stay is not illegal, however I cannot work.
I am on leave now.

[Kitty]

The Home Office do sometimes issue in-country leave to remain ont he basis of a work permit where previous leave has expired. You will need to make the application asap with a carefully-worded letter explaining your circumstances, and providing all the relevant dates when applications were made and refused.

You will also need to be aware that the decision to issue FLR in these circumstances is totally discretionary and that you may be refused and receive notification that you must leave the country. If on the other hand you leave without making the application, you may escape notice as an overstayer...

[ci07jjs]

op: can you please explain why they didn't like your bank statments? was it under 800 pounds for any of three months prior to the application? I am about to make an application under the same scheme which is why ask.

[vijayvvd]

op: can you please explain why they didn't like your bank statments? was it under 800 pounds for any of three months prior to the application? I am about to make an application under the same scheme which is why ask.

It was ICICI Bank statement recievd thru mail.
I belive they are expecting the statement printed by bank.
However my maintenace fund statement was authenticated by Bank Manager, but stil they donot accept

[vijayvvd]

Probelm resolved, I got WP visa extension