Tier 1 (General) Refusal

[drjabberwocky23]

Thanks, my lawyer confirmed the same- though there is leave to remain while I appeal, I would almost certainly not be allowed back into the country if I left.

I'm glad you got some clarification on that point!

[roball]

hey bmb-

I am in (almost) the same boat as you.
My employers letter stated my gross and net income but it wasnt broken down into months to collaborate my bank statesments. So I scored 70 instead of 75 points.
I am completely livid as the UKBA has been sucking money off me for the past 4 years that I've been in this country, paying tax and actually working for the government! (which, if gov agencies actually shared info, they could quite blatantly see how much I've made!)

Anyways-
The day I got refused (24.02.09), I called the HO, and the gentleman on the phone said to write a cover letter explaining the problem and send the info along with the new employer letter directly back to the case worker. Which I did.

Today I've called, and the woman on the phone said that was incorrect and I shouldnt have been told that. (Helpful).
She said it depended on whether I was refused or rejected (to me it sounds equally bad) but that if they told me to reapply, I should have received a refund for the fee. A REFUND??? seriously? From all I know about the home office, refund is not in their lexicon.

I also have a partner here. Otherwise I'd reconsider my stay as well.

Can you put me in touch with the lawyer you are using??

Thanks,
Robin

[bmb9ks]

Hi Robin,

I have private messaged you some lawyer details. I did not contact the HO after my refusal but I can easily understand what has happened to you.

If it is a standard refusal like mine, your 10 working days to appeal may have expired (assuming that they gave you the 2 days from issuing of the notice).

If for some reason you can though, I think you should appeal. A reapplication is £750, compared to ~£1000 for an appeal. But at least that £1000 goes to somebody actually doing a proper job instead of £750 into the UKBA's pockets. And I hope there will be some tiny satisfaction if I win knowing that the UKBA has been wrong.

However, as I said earlier in this post, once section 18 of the UKBA 2007 comes into force, we will all be without option to appeal to the AIT.

What would happen then? Could there be challenges to higher courts directly?

hey bmb-

I am in (almost) the same boat as you.
My employers letter stated my gross and net income but it wasnt broken down into months to collaborate my bank statesments. So I scored 70 instead of 75 points.
I am completely livid as the UKBA has been sucking money off me for the past 4 years that I've been in this country, paying tax and actually working for the government! (which, if gov agencies actually shared info, they could quite blatantly see how much I've made!)

Anyways-
The day I got refused (24.02.09), I called the HO, and the gentleman on the phone said to write a cover letter explaining the problem and send the info along with the new employer letter directly back to the case worker. Which I did.

Today I've called, and the woman on the phone said that was incorrect and I shouldnt have been told that. (Helpful).
She said it depended on whether I was refused or rejected (to me it sounds equally bad) but that if they told me to reapply, I should have received a refund for the fee. A REFUND??? seriously? From all I know about the home office, refund is not in their lexicon.

I also have a partner here. Otherwise I'd reconsider my stay as well.

Can you put me in touch with the lawyer you are using??

Thanks,
Robin

[chemicalguy]

Dear All,

I need your guidance with my current Appeal regarding a Tier 1 (general) application. I applied for Tier 1 visa in Jan 09 before the current expiry of my work permit. However to prove my salary I gave them only 4 bank statements and a P60. Since the P60 was from April 08 the UKBA couldn’t corroborate the payslip evidence with any other evidence. Moreover there were only 4 bank statements. Hence due to MY STUPID mistake my application was rejected.
Since I received the rejection after the expiry of my current visa I was left with no other choice then appealing against the decision through a lawyer. Hence I have a query regarding this appeal process and a new application which I hope you might be able to guide me with your past experience.
My Query is:

1) I now have 12 bank statements, letter from Employer in addition to 12 payslip. Will the AIT during appeal consider this NEW evidence (12 bank statements, letter from Employer ) and grant me the leave/allow me fresh application? Or do they just consider the old evidence and kick me out for my stupid mistake?

2) If the Appeal is refused I am planning to apply from India. However I just started maintaining my account with a balance of £2,800. My last bank statement in March luckily shows Closing Balance of £2900 but it has dropped to just £1100 in between. SO I was just wondering do we need to continuously maintain £2800 in our account or just the Closing Balance.

3) My lawyer suggested me since my wife is here on a post study work to convert to Dependent Visa in the mean time from India. He suggested after coming back apply for Tier 1 (general) from UK and get things sorted. However I checked the guidelines and I don’t think that I would be able to switch from Dependent to Tier 1. Can anyone suggest me on this.

There is a job waiting for me at the end of this process. But they wont wait for me forever. I am totally stressed but I hope learning from your experience will at least prepare me to face the consequences of my mistake and possibly correct them well in time.

Thanks.

Regards,

Chemicalguy

[bmb9ks]

Hi,

The law at the moment does allow immigration judges to consider new evidence according to section 85(4) of the 2002 Nationality Asylum and Immigration Act - basically saying that the immigration judge can take into account evidence about any matter which they think relevant to the decision, including evidence after the date of decision. Officially this would be put in the additional grounds section on the appeal form, but both grounds and additional grouds are considered together, so it probably does not matter. Section 19 of the UK Borders Act has not been implemented yet, which would remove this route of appeal.

If you do appeal, the decision would determine whether you get the visa or not- you do not have to pay for a new application (though obviously you would have to pay your lawyer's fees).

If you do have all the documents now, I would appeal (that is what I am doing at the moment), and hopefully your lawyer will know how to best present them.

If your appeal is unsuccessful, you could return to India and apply from there (even directly for a Tier 1) though I have no idea how long an out-of-country application takes.

I'm also not sure about the maintenance requirements- can any else comment about this?


Dear All,

I need your guidance with my current Appeal regarding a Tier 1 (general) application. I applied for Tier 1 visa in Jan 09 before the current expiry of my work permit. However to prove my salary I gave them only 4 bank statements and a P60. Since the P60 was from April 08 the UKBA couldn’t corroborate the payslip evidence with any other evidence. Moreover there were only 4 bank statements. Hence due to MY STUPID mistake my application was rejected.
Since I received the rejection after the expiry of my current visa I was left with no other choice then appealing against the decision through a lawyer. Hence I have a query regarding this appeal process and a new application which I hope you might be able to guide me with your past experience.
My Query is:

1) I now have 12 bank statements, letter from Employer in addition to 12 payslip. Will the AIT during appeal consider this NEW evidence (12 bank statements, letter from Employer ) and grant me the leave/allow me fresh application? Or do they just consider the old evidence and kick me out for my stupid mistake?

2) If the Appeal is refused I am planning to apply from India. However I just started maintaining my account with a balance of £2,800. My last bank statement in March luckily shows Closing Balance of £2900 but it has dropped to just £1100 in between. SO I was just wondering do we need to continuously maintain £2800 in our account or just the Closing Balance.

3) My lawyer suggested me since my wife is here on a post study work to convert to Dependent Visa in the mean time from India. He suggested after coming back apply for Tier 1 (general) from UK and get things sorted. However I checked the guidelines and I don’t think that I would be able to switch from Dependent to Tier 1. Can anyone suggest me on this.

There is a job waiting for me at the end of this process. But they wont wait for me forever. I am totally stressed but I hope learning from your experience will at least prepare me to face the consequences of my mistake and possibly correct them well in time.

Thanks.

Regards,

Chemicalguy

[tvn_ramesh]

If you do appeal, the decision would determine whether you get the visa or not- you do not have to pay for a new application (though obviously you would have to pay your lawyer's fees).

If you do have all the documents now, I would appeal (that is what I am doing at the moment), and hopefully your lawyer will know how to best present them.

If your appeal is unsuccessful, you could return to India and apply from there (even directly for a Tier 1) though I have no idea how long an out-of-country application takes.

Chemicalguy..

That was really a simple BIG mistake.. but watzz gone/done is done/gone...

I also completely agree with bmb9ks that you shd appeal for the reason of Fees and may be also that your ILR clock is not reset in case you are successful.. even 1month or 1day.. But if you re-apply newly it has to start again from Scratch...

2) If the Appeal is refused I am planning to apply from India. However I just started maintaining my account with a balance of £2,800. My last bank statement in March luckily shows Closing Balance of £2900 but it has dropped to just £1100 in between. SO I was just wondering do we need to continuously maintain £2800 in our account or just the Closing Balance.

I'm also not sure about the maintenance requirements- can any else comment about this?

Unfortunately, the maintenance funds should be maintained all days not just the closing balance at the EOM..

Not even on 1day of that period it shd fall even 1pence.. just make sure u dont give/make other chance/mistake to HO..

[nangvil]

Hi Chemicalguy,
Did you provide your payslips as well on top of your P60 and 4 months bank statements?

I was rejected for providing 12 months payslips and P60. However, I managed to argue my case at AIT stating I won't have my new P60 till April this year, and I won my case.

[vagabond4life]

How much does it cost to appeal against rejection?

Hi Chemicalguy,
Did you provide your payslips as well on top of your P60 and 4 months bank statements?

I was rejected for providing 12 months payslips and P60. However, I managed to argue my case at AIT stating I won't have my new P60 till April this year, and I won my case.

[nangvil]

Appeal is free. If you choose to hire a lawyer, then you'll have to pay the lawyer fees.

[aka189]

You can not switch from post-study dependent to Tier-1 within UK.

I have to come to India to switch to Tier-1 General.

[chemicalguy]

Dear All,

Thanks fo sharing your experience. I have appealed against the decison. My case is almost similar to "nangvil" and I see a hope in winning my appeal.
I will keep you posted with the progress of my appeal/case.

Cheers

[chemicalguy]

Hi Guys,

One more thing! In my personal statement should I accept my fault to HO and say that I mad a mistake by submitting incorrect P60. Or should I say that the Tier 1 form does not clearly states that P60 should be only provided when it covers the same payslip period.

'nangvil' and thoughts on this?

Cheers