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

ScopeD · Post by **ScopeD** » Fri Apr 10, 2009 6:22 pm

Hi xxbade. I can provide you with the solicitor's details if that will help. He is based in Birmingham. He is quite good. It seems that HO's guidance to caseworkers when they receive the letter I mentioned (known as a Pre-Action Protocol) is that such a case should be looked into immediately to check if the decision they reached is safe and defendable in court. If not (i.e. if they wrongly refused your application and have not given you the right of appeal as in my case), they will avoid going to court and will reconsider their decision. I have provided a link from the UKBA website which explains how they handle such a situation. http://www.ukba.homeoffice.gov.uk/sitec ... chapter27/

xxbade · Post by **xxbade** » Sat Apr 11, 2009 1:16 pm

Hi scopeD, you have given me the best piece of information since i started this process, i checked out the link, really good stuff, almost unbelievable! my stupid solicitor could have told me this, i am so angry and deeply upset, i could have avoided all this stress i am going thru. Pls send me ur solicitors details through private msg if u like.
I was told i would get an email from HO this coming week, so i will wait it out, whatever comes out of it ,i now at least know what i could do. I could also ask your brilliant solicitor for advice as to my current situation.

My HSMP application was refused for the following reasons:

(1) "the certificate from the university of ******(UK university) did not demonstrate that the courses were full time or state the hours of study therefore we are unable to consider your earnings for the period you are claiming" (I submitted a stamped form confirming a full time study and they could have called the University if they were not sure!)

(2) I also was not given points for my UK experience because "the letter from the UK institution does not confirm the qualification" (I submitted my masters degree certificate from a top UK institution stating clearly that i have an LLM!, i am wondering if they do not know what an LLM means!)

Do you think this is something i would use the process you just mentioned for?? thanx

babastic · Post by **babastic** » Sat Apr 11, 2009 5:44 pm

Mine took about 4 weeks. Moved from student to tier 1 General. Best of luck.

ScopeD · Post by **ScopeD** » Mon Apr 13, 2009 7:52 pm

xxbade I've sent you a pm with the requested details. Coming to your questions, I am assuming that these were earned at a time when you were a full time student (is that the case?). If that is the case, perhaps what may be helpful is to provide the Home Office with additional details on the hours worked per week. It may be that they need to know whether you worked 20 hours/week while studying. Not sure what other forumites think on this one.

On the second point it might be a point to fight for with the HO. It seems that sometimes the caseworkers overlook important details at times. It might be worth finding out from the HO why they have not considered the evidence from the Uni.

Did they give you the right of appeal? If so, you will not be able to use the pre-action protocol until you have exhausted all open channels. If you do not have appeal rights (or have exhausted them), I suppose the solicitor will use the Pre-action protocol to notify the HO of your intention to take the matter to the courts to let the court decide whether they are at fault. Hope this helps. Also, double check my information with a solicitor in case I may have left out something more important.[/quote]

kingfahad35 · Post by **kingfahad35** » Tue Apr 14, 2009 5:17 pm

After getting Tier 1 (G)

Can we claim our Tax/NI back which we paid when we were Student

Bcz ILR period will count from Tier1 G approval date

hoopsy · Post by **hoopsy** » Tue Apr 14, 2009 7:07 pm

kingfahad35 wrote:After getting Tier 1 (G)

Can we claim our Tax/NI back which we paid when we were Student

Bcz ILR period will count from Tier1 G approval date

Lol...I wouldn't attempt that if I were u. That would be seen as an attempt to defraud the system. U can only claim back Tax/NI if u r leaving the country, no longer resident in the UK.

hoopsy · Post by **hoopsy** » Tue Apr 14, 2009 11:49 pm

kingfahad35 wrote:After getting Tier 1 (G)

Can we claim our Tax/NI back which we paid when we were Student

Bcz ILR period will count from Tier1 G approval date

You can claim back tax/NI if you are leaving the country finally maybe after completing your studies and going back to home country. Anything else is not proper.

hoopsy · Post by **hoopsy** » Tue Apr 14, 2009 11:51 pm

Does anyone know what HO regards as grounds for urgent treatment?

kingfahad35 · Post by **kingfahad35** » Wed Apr 15, 2009 8:59 am

I asked this question b4...............
and some expert told me
"UT is only acceptable only on Medical/Treatment ........ or some one in ur real family is seriously ill"
All other UT's are minor chance of approval......
... Plus SOME time it could effect ur case..........

rakeysh.patel · Post by **rakeysh.patel** » Wed Apr 15, 2009 11:08 am

HO can only consider the Urgent Treatment with extreme circumstances - i.e. Medical emergency applicant has to attend, any demise in family, any unavoidable circumstances where applicant has to leave the country...

yasa · Post by **yasa** » Wed Apr 15, 2009 9:20 pm

kingfahad35 wrote: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)

??

it is consecutive 90 days in last year otherwise its like 400 days or something per 5 years.

mbasmart · Post by **mbasmart** » Thu Apr 16, 2009 5:30 pm

One small question guys, I've already got HSMP approval and I'm gonna get Tier1 stamped on my passport soon.

When I send my approval letter, bank statement and Tier1 application form to HomeOffice, should I also send my college letters (as I'm currently on a student visa)?. I dont think that I should provide them with my college details unless they ask me to provide them. What do u think?

rakeysh.patel · Post by **rakeysh.patel** » Thu Apr 16, 2009 5:34 pm

mbasmart wrote:One small question guys, I've already got HSMP approval and I'm gonna get Tier1 stamped on my passport soon.

When I send my approval letter, bank statement and Tier1 application form to HomeOffice, should I also send my college letters (as I'm currently on a student visa)?. I dont think that I should provide them with my college details unless they ask me to provide them. What do u think?

No yu dont need to send in any of your college documents. I had transitioanal from int student to TIER 1 myself with HSMP approval. Here are the list of doc I sent -

1. HSMP approval Letter
2. Three Months of the bank statement with min balance of 800 Pounds.
3. Passport
4. Letter from the bank confirming bank balance at close of business

Thanks,
R

mbasmart · Post by **mbasmart** » Thu Apr 16, 2009 7:47 pm

Thanks raxs1983 for ur input. By the way, how long did it take after u applied for stamping?

rakeysh.patel · Post by **rakeysh.patel** » Thu Apr 16, 2009 9:10 pm

mbasmart wrote:Thanks raxs1983 for ur input. By the way, how long did it take after u applied for stamping?

I applied on 30th January (sent it by RM) and I recd my passport on 23rd March 2009

x

kingfahad35 · Post by **kingfahad35** » Fri Apr 17, 2009 8:20 am

Re: "raxs1983" & mbasmart

I Think ,

It is better to to send ur current college activity(result+ attendance etc) and write them clearly that you are applying for trans.............

Do not let them think for 1 sec that you violated ur Std Visa/Status....while u were waiting to change ur status wp/std to tier 1

rakeysh.patel · Post by **rakeysh.patel** » Fri Apr 17, 2009 11:16 am

kingfahad35 wrote:Re: "raxs1983" & mbasmart

I Think ,

It is better to to send ur current college activity(result+ attendance etc) and write them clearly that you are applying for trans.............

Do not let them think for 1 sec that you violated ur Std Visa/Status....while u were waiting to change ur status wp/std to tier 1

It may be a "Wise" thing to do but by no mean a necessary and must. When you pplied for HSMP, you must have sent all those information. And once they have approved ur HSMP - tht means that they had done all the verification with the college and your credentials as well. As i quoted - it may still be WISe to do so, but for any reason if you dont (say you want to save money on your RM delivery due to weight - lol) you are still perfectly fine without it

Thanks,
R

mbasmart · Post by **mbasmart** » Fri Apr 17, 2009 4:24 pm

thanks guys

rakeysh.patel · Post by **rakeysh.patel** » Fri Apr 17, 2009 11:21 pm

flygirl - waz going on with ur application mate?
x

hoopsy · Post by **hoopsy** » Tue Apr 21, 2009 1:25 pm

Seems I'm the only one still here, still waiting..............................................

mbasmart · Post by **mbasmart** » Thu Apr 23, 2009 11:44 am

Hey guys, I got HSMP approval on 23-12-2008. Approval letter is valid for six months, which means I need to get Tier1 stamped on my passport within 6 months. Its been exactly 4 months today, which means that only 2 months left now.

My passport is in the home office (for student visa extension) and biometrics have been given a week ago. Once I get my passport and other documents back from home office, I would be able to get Tier1 stamped. I am stressed out as to how long is it gonna take... Dont know what to do, dont wanna let my approval letter expire... GRRRRRRR

hoopsy · Post by **hoopsy** » Thu Apr 23, 2009 12:41 pm

mbasmart wrote:Hey guys, I got HSMP approval on 23-12-2008. Approval letter is valid for six months, which means I need to get Tier1 stamped on my passport within 6 months. Its been exactly 4 months today, which means that only 2 months left now.

My passport is in the home office (for student visa extension) and biometrics have been given a week ago. Once I get my passport and other documents back from home office, I would be able to get Tier1 stamped. I am stressed out as to how long is it gonna take... Dont know what to do, dont wanna let my approval letter expire... GRRRRRRR

What is student visa extension for? Did you send the HSMP letter to HO with ur ppt and application?

mbasmart · Post by **mbasmart** » Fri Apr 24, 2009 1:21 am

hoopsy wrote:
mbasmart wrote:Hey guys, I got HSMP approval on 23-12-2008. Approval letter is valid for six months, which means I need to get Tier1 stamped on my passport within 6 months. Its been exactly 4 months today, which means that only 2 months left now.

My passport is in the home office (for student visa extension) and biometrics have been given a week ago. Once I get my passport and other documents back from home office, I would be able to get Tier1 stamped. I am stressed out as to how long is it gonna take... Dont know what to do, dont wanna let my approval letter expire... GRRRRRRR
What is student visa extension for? Did you send the HSMP letter to HO with ur ppt and application?

the thing is, when i got approval for HSMP, i was on student visa which was about to expire. at that time, i did'nt have maintenance funds in my a/c. Therefore, for the last three months, i've been maintaining my a/c while i sent my application for student visa extension to HO. When i get my extension, i will be able to switch from student visa to Tier1. Are u with me? Tricky aintit?

hoopsy · Post by **hoopsy** » Fri Apr 24, 2009 10:12 am

mbasmart wrote:
hoopsy wrote:
mbasmart wrote:Hey guys, I got HSMP approval on 23-12-2008. Approval letter is valid for six months, which means I need to get Tier1 stamped on my passport within 6 months. Its been exactly 4 months today, which means that only 2 months left now.

My passport is in the home office (for student visa extension) and biometrics have been given a week ago. Once I get my passport and other documents back from home office, I would be able to get Tier1 stamped. I am stressed out as to how long is it gonna take... Dont know what to do, dont wanna let my approval letter expire... GRRRRRRR
What is student visa extension for? Did you send the HSMP letter to HO with ur ppt and application?
the thing is, when i got approval for HSMP, i was on student visa which was about to expire. at that time, i did'nt have maintenance funds in my a/c. Therefore, for the last three months, i've been maintaining my a/c while i sent my application for student visa extension to HO. When i get my extension, i will be able to switch from student visa to Tier1. Are u with me? Tricky aintit?

Tricky one indeed. Seems to me your best option is to wait till u recev ur ppt back from HO with student visa extended, cos if u withdraw ur applic now u won't be eligible to switch to tier 1 since ur student visa has expired. When that comes in, you can then send in application for Tier 1 with ur HSMP letter. Just beats me that even student visa extension takes so long to process. There's really no telling with HO. Maybe they go thru any application that has to do with students with a microscope.......LOL. When did u send in ur applic?

hoopsy · Post by **hoopsy** » Fri Apr 24, 2009 12:36 pm

xxbade wrote: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.....

any update from HO?

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