Student to Tier 1 (G) UK: Does it Really Take Forever???

[kingfahad35]

[quote="raxs1983"]

I trust u my fri

[mbasmart]

I was on a student visa when I applied for hsmp last year. In December 08, my hsmp was approved. When i got this approval, i didnt have maintenance funds. so i immediately started working on it. now, my bank statement is ready and i m gonna switch my immigration status from student to tier1 general, soon.

In the meantime, my student visa expired on January 31, 2009 and I’ve currently sent my passport to the home office for student visa extension. It is mentioned in Tier1 (General) application form that the applicant is not able to submit a further fresh application if any other application (for further leave to remain/ extension) is currently being considered in the Home Office. However, they can, if they wish, vary the grounds of the existing application (Reference: Tier1 General Application Form Page22).

If the applicant makes it absolutely clear that the new grounds are to be considered instead of the grounds put forward initially, then the original grounds need not be considered.

As per Chapter 1, section 5 of the Immigration directorate, I would like to vary the grounds of my existing application for student visa extension. I am gonna request HO to consider new grounds instead of old ones i.e. consider my application to switch my immigration status from student visa to Tier1 (General). I m gonna request them to transfer my application to the relevant department. Initially i m gonna write a simple letter to the team processing my extension application. if they give me a go-ahead in writing, i will provide them:

Tier1 (General) Application Form, HSMP approval letter, A cheque for the correct fee (GBP 350), Bank statement covering three months, Bank letter for maintenance funds etc.

What do u think guys? specially seniors? urgent please... coz i m gonna send this letter tomorrow... cant afford to make any mistake at this stage.

friends, plz comment... any suggestions???

[kingfahad35]

I got my Visa stamped

Applied 25-02-2009
Visa Granted 6-04-2009
Doc Received 8-04-2009

Big Big Thanks to all of u SP: Raxs, f girl and hoospy etc

[rakeysh.patel]

I trust u my fri

Still waiting to hear from you mate
x

[flygirl]

I got my Visa stamped

Applied 25-02-2009
Visa Granted 6-04-2009
Doc Received 8-04-2009

Big Big Thanks to all of u SP: Raxs, f girl and hoospy etc

Congratulations, mate.

[rakeysh.patel]

I got my Visa stamped

Applied 25-02-2009
Visa Granted 6-04-2009
Doc Received 8-04-2009

Big Big Thanks to all of u SP: Raxs, f girl and hoospy etc

Sweet mate - happy for you.. now, in your prayers, remember all others who are unfirtunately still waiting,

R

[xxbade]

Hi guys,
I just spoke to one of the operations managers courtesy of the MP of where i live.
She was very nice, told me extended checks means double checking your degree certificetes and dependants information if you have any. She also told me most of the team are not in because of the holidays so cases are a bit slow. I am checking back next week so they can tell me if there is anything i can do to help their "investigation". We'l see.....

[kingfahad35]

Thanks A Lot again... too much Help and love I got from you all active members

[rakeysh.patel]

Hi guys,
I just spoke to one of the operations managers courtesy of the MP of where i live.
She was very nice, told me extended checks means double checking your degree certificetes and dependants information if you have any. She also told me most of the team are not in because of the holidays so cases are a bit slow. I am checking back next week so they can tell me if there is anything i can do to help their "investigation". We'l see.....

I am sure this must be the most paiful days of your life. When you spoke to OM, did u ask her about any possibility of going down the way of complaint?

Were your degree certificate all legit? I am sorry to be asking, but have heard a lot of ppl applying with paid for certificates. I hope that is not the case, since HO is cracking down on those.

I wish you well

x

[hoopsy]

Hi guys,
I just spoke to one of the operations managers courtesy of the MP of where i live.
She was very nice, told me extended checks means double checking your degree certificetes and dependants information if you have any. She also told me most of the team are not in because of the holidays so cases are a bit slow. I am checking back next week so they can tell me if there is anything i can do to help their "investigation". We'l see.....

Wish u all the best. At least u have more than a one-liner response. Further explanation at least gives an insight into the state of things. Hopefully, this should speed up the process. So, it's helpful getting in touch with the MP then.....

[xxbade]

Thanks guys, getting in touch with the MP certainly helps because they have a direct line to HO.
@ Raxs1983-it is okay to ask about my certificate, i am not offended at all,i know alot of people are dubious. They are very welcome to have it all checked out, i attended one of the top schools in my country for my first degree and did my masters in one of the top 15 schools in the UK, i dont like to brag but it would actually please me if they go to the extra length of checking everything. These schools will be very happy to give them all the information they need. So frustrating.
But i am hopeful because she said she would send me an email next week with an update.
They did the same to a close relative of mine and they ended up sending him a letter of apology..
Fingers crossed,lets see what happens

[kingfahad35]

Visa Approved on 08-04-2009 , till 2012

HO have kept my Employer letter + My covering letter + letter i taken from my solicitor after checking all doc.........

is this normal thing........ or I should ask them to return these doc back to me.

[rakeysh.patel]

Thanks guys, getting in touch with the MP certainly helps because they have a direct line to HO.
@ Raxs1983-it is okay to ask about my certificate, i am not offended at all,i know alot of people are dubious. They are very welcome to have it all checked out, i attended one of the top schools in my country for my first degree and did my masters in one of the top 15 schools in the UK, i dont like to brag but it would actually please me if they go to the extra length of checking everything. These schools will be very happy to give them all the information they need. So frustrating.
But i am hopeful because she said she would send me an email next week with an update.
They did the same to a close relative of mine and they ended up sending him a letter of apology..
Fingers crossed,lets see what happens

I hear you. Well, I must say, you are in one of the most unfortunae situation where only HO can help. We are all here to back you.. dont worry, good thing comes to those who wait, remember??

You will have yoor moment shortly
x

[rakeysh.patel]

Visa Approved on 08-04-2009 , till 2012

HO have kept my Employer letter + My covering letter + letter i taken from my solicitor after checking all doc.........

is this normal thing........ or I should ask them to return these doc back to me.

Yes mate. I have heard in many cases, they kep few of the dicuments. I dont know what for? but may be they like to recycle them If you insist of having them back (for any unknown reason) call them up and request them. they are legally oblige to return it to you. I hope this helps.

[hoopsy]

Visa Approved on 08-04-2009 , till 2012

HO have kept my Employer letter + My covering letter + letter i taken from my solicitor after checking all doc.........

is this normal thing........ or I should ask them to return these doc back to me.

I think u shld call them first to find out if this is standard. For all u know, it may be an error. Just verify from HO first.

[kingfahad35]

Letter I received from HO with approval.............

It state that " YOU CAN NOT CLAIM MOST OF BENEFITS GIVEN BY STATE"

1-My question is : Wt that mean by most of.....( is that mean we can claim some benefits if YES then which are these benefits we can claim)

2- For how long PBS Tier 1 migrant ( Initial applicant ) can stay out of UK during his 3 years stay.

3- or how long PBS Tier 1 Dependant ( Initial applicant ) can stay out of UK during his 3 years stay.

[rakeysh.patel]

Ans 1 - SEE HERE

ANS - 2 Max of 90 Days, othrwise it affects your ILR.

ANS - 3 MAX 90 days oherwise it may affect ILR

Seniors - correct me if I am wrong

Thanks,
R

[xxbade]

Raxs1983- Ans 1- see where???

[rakeysh.patel]

Raxs1983- Ans 1- see where???

Apology SEE HERE

We are not allowed to claim anything on that falls onto PUBLIC FUNDS. However, you may be eligible to claim from your contribution towards NI

[kingfahad35]

I have not done my ground work...........


90days in a Year
or for 3 Years

I heard some where that Dependant can stay outside as long as they want but for extension they have to be to be with Main Applicant
(for example ... Ur dependant like to do some course outside of UK)

??

[rakeysh.patel]

I have not done my ground work...........


90days in a Year
or for 3 Years

I heard some where that Dependant can stay outside as long as they want but for extension they have to be to be with Main Applicant
(for example ... Ur dependant like to do some course outside of UK)

??

M not great either, m searching thru to enhance my knowledge as well. 90 days in a year, i believe

[ScopeD]

Hi guys. Am new to the forum but just thought I would explain my Tier 1 experiences in case it might help someone.

Applied for Tier 1 - 8 Jan 09 (WP => Student => Tier 1)
Points claimed - 75
Refusal letter dated 18 Feb

The caseworker awarded all the other points except on salary. I had claimed 30 points (all payslips and bank statements to back this were provided) but the caseworker wrote that she had only corraborated a figure which gave me 25 points. However, she did not provide any explanations on how she had arrived at the lower figure, or why she had departed from the earnings as presented on the payslips and bank statements. So that gave me 70, which is 5 points short of the mark.

She also made mention of the fact that in making the decision, she had paid attention to the following:

-that I had a WP from Jan 08 to Dec 08
-that I had switched to a student visa mid Nov 08

The earnings period I had chosen for the assessment was Jan - Dec 08. In December, I had worked full time as I was on vacation, and had provided the vacation letter from college. Also, I did not have appeal rights as my student visa was running up to Dec 09.

Went to see a solicitor who sent my documents back to HO with a letter mentioning that I intended to have this matter brought for judicial review. I guess this letter is another chance for the HO to think twice about their decision before taking the matter to court as the courts would want to know whether both parties tried to settle the dispute by any other means before requesting for the court's time. HO changed their decision and a visa has been granted...Thank God. Not sure if the student thing is what confused the HO but the solicitor's letter was very good as it clarified that my earnings while on vacation were perfectly legal according to their own rules as I am allowed to work full time then.

[hoopsy]

I have not done my ground work...........


90days in a Year
or for 3 Years

I heard some where that Dependant can stay outside as long as they want but for extension they have to be to be with Main Applicant
(for example ... Ur dependant like to do some course outside of UK)

??

Legally, it's max 90 days in ayear but still at discretion of immigration officer. It's usually advisable to make the stay outside the country less than the 90 days stipulated time. You may wish to See Immigration rules:

[xxbade]

wow, ScopeD, amazing story. So HO does not like litigation? interesting. Maybe i shld have done that instead of making a fresh application. I would like to meet your solicitor, he/she sounds good, my solicitor is rubbish! and congrats on the visa.

[nksg]

Guys,

For ILR out of country stay should be less than 90 days continuous and less 6 months in total (in 5 years).

Hope this helps.. Please refer to ILR guidelines for details....