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Very unusual Case. Need an expert advice

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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rizwo
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Posts: 39
Joined: Sat Apr 25, 2009 2:10 am

Very unusual Case. Need an expert advice

Post by rizwo » Sat Apr 25, 2009 2:41 am

My brief immigration History

I came in Uk in 2003 on student visa
Successfully completed my ACCA and then kept studying in another college and got 3 extensions.
In Aug 2007 got HSMP status, and went on holidays for two ad half months came back in early Nov 2007.

I was then looking for work but unable to find the job and was giving interviews but managed to maintain with self employment.

In march 2008 HO send me a letter and claimed that my pervious college was bogus and i got the student extensions fraudulently and because my student leave was bogus and i converted my leave while having bogus student leave. They severed the notices and stopped me to do any sort of work.

I appealed against this decision and in july 2008 judge allow my appeal.
HO made another immigration decision based on pervious facts and again served me the same pervious notices. i appealed again in AIT and judge allow my second appeal. HO apply for reconsideration in AIT and was subsequently refused my senior immigration judge.
At last on 18 Dec 2008 they withdraw their decision and restore my leave to remain until july 2009.

After this i tried again for the job but was unable to find any in current financial condition. But i managed to earn 8000 pounds in four months from self employment. Luckily in April 21 i got a job of £31200 ( enough for my points).

now my question is this that how Case worker will calculate my income points when i was not able to do any sort of work almost 10 months?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Very unusual Case. Need an expert advice

Post by push » Sat Apr 25, 2009 10:48 am

rizwo wrote:My brief immigration History

I came in Uk in 2003 on student visa
Successfully completed my ACCA and then kept studying in another college and got 3 extensions.
In Aug 2007 got HSMP status, and went on holidays for two ad half months came back in early Nov 2007.

I was then looking for work but unable to find the job and was giving interviews but managed to maintain with self employment.

In march 2008 HO send me a letter and claimed that my pervious college was bogus and i got the student extensions fraudulently and because my student leave was bogus and i converted my leave while having bogus student leave. They severed the notices and stopped me to do any sort of work.

I appealed against this decision and in july 2008 judge allow my appeal.
HO made another immigration decision based on pervious facts and again served me the same pervious notices. i appealed again in AIT and judge allow my second appeal. HO apply for reconsideration in AIT and was subsequently refused my senior immigration judge.
At last on 18 Dec 2008 they withdraw their decision and restore my leave to remain until july 2009.

After this i tried again for the job but was unable to find any in current financial condition. But i managed to earn 8000 pounds in four months from self employment. Luckily in April 21 i got a job of £31200 ( enough for my points).

now my question is this that how Case worker will calculate my income points when i was not able to do any sort of work almost 10 months?
All through this legal proceedings I guess you were eligible for working. Weren't you?
regards,
push
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rizwo
Newbie
Posts: 39
Joined: Sat Apr 25, 2009 2:10 am

Re: Very unusual Case. Need an expert advice

Post by rizwo » Sat Apr 25, 2009 11:01 am

push_hsmp wrote:
rizwo wrote:My brief immigration History

I came in Uk in 2003 on student visa
Successfully completed my ACCA and then kept studying in another college and got 3 extensions.
In Aug 2007 got HSMP status, and went on holidays for two ad half months came back in early Nov 2007.

I was then looking for work but unable to find the job and was giving interviews but managed to maintain with self employment.

In march 2008 HO send me a letter and claimed that my pervious college was bogus and i got the student extensions fraudulently and because my student leave was bogus and i converted my leave while having bogus student leave. They severed the notices and stopped me to do any sort of work.

I appealed against this decision and in july 2008 judge allow my appeal.
HO made another immigration decision based on pervious facts and again served me the same pervious notices. i appealed again in AIT and judge allow my second appeal. HO apply for reconsideration in AIT and was subsequently refused my senior immigration judge.
At last on 18 Dec 2008 they withdraw their decision and restore my leave to remain until july 2009.

After this i tried again for the job but was unable to find any in current financial condition. But i managed to earn 8000 pounds in four months from self employment. Luckily in April 21 i got a job of £31200 ( enough for my points).

now my question is this that how Case worker will calculate my income points when i was not able to do any sort of work almost 10 months?
All through this legal proceedings I guess you were eligible for working. Weren't you?
No i was not. HO issued me IS96 (temporary leave) and put me on weekely reporting in HO. In that notice it was clearly written that i should not egage my self ny sort of work and i am only given temproary admission and subject to detension.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sat Apr 25, 2009 11:59 am

I guess you will need legal advice again as for all practical purposes your 2 year leave under hSMP has been re-instated and you need to have earned enough during the period to claim sufficient points for an extension.
regards,
push
Important: Please read this Disclaimer

jchaudry
Newly Registered
Posts: 10
Joined: Sat Apr 25, 2009 12:08 pm

Post by jchaudry » Sat Apr 25, 2009 6:24 pm

push_hsmp wrote:I guess you will need legal advice again as for all practical purposes your 2 year leave under hSMP has been re-instated and you need to have earned enough during the period to claim sufficient points for an extension.
hello brother as i read your problem as you decribed taht home office said to u taht u used deseption to get the leave to remain in the UK i have same situation as i applied for tier 1 gen after getting my PSW but they refused me by saying that you used deseption when you get psw and they refused the application but i did not used false document can you help me that how did you appeal against it and how did you convince the judge on this have u hired any lawer if please give me the name and address of the person really worried please help me i ll wait for your reply u can reply me on jawad_ahmadiqbal@hotmail.com thanks brother.

rizwo
Newbie
Posts: 39
Joined: Sat Apr 25, 2009 2:10 am

Post by rizwo » Sun Jul 12, 2009 3:34 pm

plz any other expert suggestion?

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