I would like to share my recent appeal experience with the forum. I've been in the UK legally for 9 years.
On the 28th of Nov 2008, I posted my application for Tier1(extension of HSMP). Despite repeated calls to HO in Dec and early Jan, I was told 'application still in progress'.
On the 12 of Jan, I received my documents with letter from HO stating my application has been rejected on 2 basis. (1) I've sent in my P60 2007/08 with payslips Sept 07-Oct 08. The P60 does not cover the full year on my payslips. As only 2 documents were required, I did not submit additional bank statements. (2) My 3 months bank statements showed funds dipping below £800.
I was given the right to appeal under AIT, which I did.
Under the appeal, I argued that:
(1) Under the Tier1 Guidance, bank statements/payslips should be dated 12 out of 15 months prior to date of application. Therefore, it should be stated more clearly that P60 can only be used between April-Jun every year to collaborate with bank statements/payslips. The reason I've sent in my P60 was to show the HO that I am paying my taxes. I showed the court my bank statements which collaborate with my payslips.
(2) I knew by early January that something was 'wrong' with my application. I realised by that time that the statements I've sent in showed funds dipping below £800. Therefore, I took my own initiative to send in statements from other saving accounts to the HO to show that I can fund myself and I do have £800 in my account. Unfortunately till date, this has not been acknowledged by the HO, and I doubt I'll ever get my bank statements back from them.
The tribunal experience is not that bad. HO officials are not usually there, so it's usually between the judge and the appellant.
I'm pleased to say my appeal has been successful and I have now received my VISA.
It has been an extremely stressful 3 months. This is not helped by the fact that it's so difficult to get through to HO on the 0870 numbers, and all they seem to be able to tell you is either: 'Application in progress' or 'Your documents have been posted back to you'. In hindsight, had I not took my own initiative to send in more documetns, I doubt that I would have won the case.
There is no doubt that, Yes, I did make mistakes when I send in my application form, I admit to that.
My advice to fellow members would be:
(1)Always send in your payslips with bank statements, and if possible, a letter from your bank. The HO states on the guidance no to send in other documents which are not relevant, but after this case, I would send in more information to them rather than less.
(2)Make sure that your account has over £800, u're not allowed to drop, not even a penny!
(3)Rejection is not the end. I would recommend fellow members to seek the help of an immigration lawyer. I did think of going through the appeal myself, but given the complexity of the court, I'm very glad to have appointed a lawyer.
Seek advice from other members but [b]BECAREFUL[/b]. One member advised me to leave the country asap etc etc...... members could give advise, but sometimes, they don't know what they are talking about....
Hope this helps...
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