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

[flygirl]

Application Date: Jan 14
Awaiting further consideration/Awaiting consideration: From Feb 27 - Apr 27
Under consideration: Apr 28
Approved: Apr 28

I think my visa was one of those lost in a cabinet somewhere. Sent urgent requests on the 14th and 16th. That was the week employer verification was finally done; just a simple 30 minute call. They only asked - Did this person work here? What was the range of the last salary received? Took them 16 weeks to manage that!

If you've been waiting too long, send an urgent request, no matter how stupid you think the request may sound. MAKE SURE TO INCLUDE that you do not want the application to be withdrawn under any circumstances. I also sent a complaint letter last week.

Best of luck to everyone waiting, especially hoopsy. I know how hard it can be.

[hoopsy]

Application Date: Jan 14
Awaiting further consideration/Awaiting consideration: From Feb 27 - Apr 27
Under consideration: Apr 28
Approved: Apr 28

I think my visa was one of those lost in a cabinet somewhere. Sent urgent requests on the 14th and 16th. That was the week employer verification was finally done; just a simple 30 minute call. They only asked - Did this person work here? What was the range of the last salary received? Took them 16 weeks to manage that!

If you've been waiting too long, send an urgent request, no matter how stupid you think the request may sound. I also sent a complaint letter last week.

Best of luck to everyone waiting, especially hoopsy. I know how hard it can be.

Whoa!! Congrats flygirl. This gives me hope now, although it's on extended checks....keeping fingers crossed and praying for the best. Sent UT and complaint, still waiting. Dunno what else to do really. Did you call them and please what reason did u give for UT. Congrats again!

[hoopsy]

Application Date: Jan 14
Awaiting further consideration/Awaiting consideration: From Feb 27 - Apr 27
Under consideration: Apr 28
Approved: Apr 28

I think my visa was one of those lost in a cabinet somewhere. Sent urgent requests on the 14th and 16th. That was the week employer verification was finally done; just a simple 30 minute call. They only asked - Did this person work here? What was the range of the last salary received? Took them 16 weeks to manage that!

If you've been waiting too long, send an urgent request, no matter how stupid you think the request may sound. I also sent a complaint letter last week.

Best of luck to everyone waiting, especially hoopsy. I know how hard it can be.

Flygirl, was your application on extended checks.....?

[flygirl]

Application Date: Jan 14
Awaiting further consideration/Awaiting consideration: From Feb 27 - Apr 27
Under consideration: Apr 28
Approved: Apr 28

I think my visa was one of those lost in a cabinet somewhere. Sent urgent requests on the 14th and 16th. That was the week employer verification was finally done; just a simple 30 minute call. They only asked - Did this person work here? What was the range of the last salary received? Took them 16 weeks to manage that!

If you've been waiting too long, send an urgent request, no matter how stupid you think the request may sound. I also sent a complaint letter last week.

Best of luck to everyone waiting, especially hoopsy. I know how hard it can be.

Flygirl, was your application on extended checks.....?

I've sent you a pm

[xxbade]

Congratulations flygirl, really happy for u. The waiting is really hard so u must be so relieved . Was yours subject to extended checks?

@ Hoopsy, i still have nothing from them, i have sent so many emails, i am sure i am now a nuisance! The manager i spoke to was so nice ,i honestly thought she would contact me as she promised, i am still waiting to hear from her. How far with yours?

[flygirl]

Congratulations flygirl, really happy for u. The waiting is really hard so u must be so relieved . Was yours subject to extended checks?

@ Hoopsy, i still have nothing from them, i have sent so many emails, i am sure i am now a nuisance! The manager i spoke to was so nice ,i honestly thought she would contact me as she promised, i am still waiting to hear from her. How far with yours?

Thanks. I think "extended checks" is something they make up. They aren't transparent, so they can just cover a multitude of sins with that phrase "extended checks" - even if a passport is lost. Their checks are the standard employer checks they do for most people and probably running details through immigration/criminal offenders registers. I just think like in any civil service office, there are those who work hard for their pay and there are others who chew gum all day and push files around all day. My application probably just landed on a gum-chewers desk.

[xxbade]

Thanx flygirl, that was what a lawyer told me too. After contacting the MP and all, i feel that i cant do anymore. I continue the struggle...

[hoopsy]

Congratulations flygirl, really happy for u. The waiting is really hard so u must be so relieved . Was yours subject to extended checks?

@ Hoopsy, i still have nothing from them, i have sent so many emails, i am sure i am now a nuisance! The manager i spoke to was so nice ,i honestly thought she would contact me as she promised, i am still waiting to hear from her. How far with yours?

Still waiting my friend.......just praying and hoping for the best as I dunno wot else to do. Now in the league of extended checks...whatever that means.............All the best to all of us still waiting.

[mbasmart]

Hi friends, I've sent the following email to UKBA. Lets see what do they say in response. Fingers crossed...

Email starts:

"Hi

I am in UK on a student visa. My visa expired on January 31, 2009 and I've currently sent my passport & supporting documents to the Home Office for student visa extension. Last year, I had applied for HSMP which was approved in December 2008. The HSMP approval letter is valid for six months during which I can switch my immigration status from student visa to Tier1 General. But the problem is that my passport is in the Home Office (for extension). Although I've given biometrics on 15-04-2009, I have no idea as to how long shall I have to wait to get my passport back. My question is:

'Can I vary the grounds of my existing (student visa extension) application to get Tier 1 (General) stamped on my passport instead of student visa? Does the law permit me to write to the team considering my extension application to transfer my passport from student visa department to Tier1 department? If I am permitted to do so, what is the procedure I should follow? or does the law permit me to have my passport back (but not withdraw my applicatoin)'.

Please note that I meet the maintenance funds requirement and I am ready to provide three months bank statement & original HSMP approval letter to the Home Office. Since only one month is left until the validity of my approval letter, I would request you to treat this inquiry as urgent.

Thanks

Note: I've sent this email before but I got a long, general reply consisting of different web links and useless email addresses. I would request you to reply to this email in a specific, to-the-point manner"...

Email Ends

[flygirl]

Hi friends, I've sent the following email to UKBA. Lets see what do they say in response. Fingers crossed...

Email starts:

"Hi

I am in UK on a student visa. My visa expired on January 31, 2009 and I've currently sent my passport & supporting documents to the Home Office for student visa extension. Last year, I had applied for HSMP which was approved in December 2008. The HSMP approval letter is valid for six months during which I can switch my immigration status from student visa to Tier1 General. But the problem is that my passport is in the Home Office (for extension). Although I've given biometrics on 15-04-2009, I have no idea as to how long shall I have to wait to get my passport back. My question is:

'Can I vary the grounds of my existing (student visa extension) application to get Tier 1 (General) stamped on my passport instead of student visa? Does the law permit me to write to the team considering my extension application to transfer my passport from student visa department to Tier1 department? If I am permitted to do so, what is the procedure I should follow? or does the law permit me to have my passport back (but not withdraw my applicatoin)'.

Please note that I meet the maintenance funds requirement and I am ready to provide three months bank statement & original HSMP approval letter to the Home Office. Since only one month is left until the validity of my approval letter, I would request you to treat this inquiry as urgent.

Thanks

Note: I've sent this email before but I got a long, general reply consisting of different web links and useless email addresses. I would request you to reply to this email in a specific, to-the-point manner"...

Email Ends

Why not write.............

Note: I've sent this email before but I got a long, general reply consisting of different web links and email addresses. Unfortunately I was unable to find any relevant information on the websites and the responders from the email addresses were unable to help me. I would be grateful if you would provide me with information specific to my application.

It can be really stressful waiting. Best of luck with your application, mbasmart. Hope you get a favorable, quick response from them.

[mbasmart]

Thanks flygirl. I've already sent the email. I think they're lucky that I have'nt abused them lol...

[hoopsy]

Thanks flygirl. I've already sent the email. I think they're lucky that I have'nt abused them lol...

Abusing them is to your detriment you know. Although, the wait that we are all subjected to makes one feel like bashing them from all sides. However, best to be as patient and polite as you can stretch yourself to be, especially as we are all at their mercy.

[mbasmart]

OK guys, here is a good development. I've got following reply from Home Office...

Email Starts >>> Dear Sir/Madam,

Thank you for your enquiry.

We confirm that if your application was made before your existing leave expired, you may write to the team considering this application and make a request to vary your leave.

Yours faithfully,

Li*****
Immigration Group
UK Border Agency <<< Email Ends...

Since my student visa extension application was made before my existing leave expired, I have decided to write to the team considering my application and request them to vary my leave. I am gonna send them a covering letter, 3 months bank statement, bank letter Tier1 application form (completely filled) and original HSMP approval letter. Any suggestions/ thoughts?

[hoopsy]

OK guys, here is a good development. I've got following reply from Home Office...

Email Starts >>> Dear Sir/Madam,

Thank you for your enquiry.

We confirm that if your application was made before your existing leave expired, you may write to the team considering this application and make a request to vary your leave.

Yours faithfully,

Li*****
Immigration Group
UK Border Agency <<< Email Ends...

Since my student visa extension application was made before my existing leave expired, I have decided to write to the team considering my application and request them to vary my leave. I am gonna send them a covering letter, 3 months bank statement, bank letter Tier1 application form (completely filled) and original HSMP approval letter. Any suggestions/ thoughts?

Hi mbasmart,

Just a thot here....seems straightforward and tricky at the same time. You may want to look closely at section 118 of the National, Immigration and Asylum Act 2002; ffg is an extract.
118 Leave pending decision on variation application
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
“3C Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.

(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

Para 4 is confusing, but then you have the email from HO. This is just for your info so you are well prepared. All the best...............

[dtjesus]

Application Date: Jan 14
Awaiting further consideration/Awaiting consideration: From Feb 27 - Apr 27
Under consideration: Apr 28
Approved: Apr 28

I think my visa was one of those lost in a cabinet somewhere. Sent urgent requests on the 14th and 16th. That was the week employer verification was finally done; just a simple 30 minute call. They only asked - Did this person work here? What was the range of the last salary received? Took them 16 weeks to manage that!

If you've been waiting too long, send an urgent request, no matter how stupid you think the request may sound. MAKE SURE TO INCLUDE that you do not want the application to be withdrawn under any circumstances. I also sent a complaint letter last week.

Best of luck to everyone waiting, especially hoopsy. I know how hard it can be.

Good to hear that you finally got the visa after that long wait.

I am still waiting since 25th November 2008 when i received acknowledgement for mine. lol
Last time i wrote, they came back with 'case going under extended checks'. Seems like other ppl here have had that response as well. I know it cant be the employer verification as that was done wayback in 2nd week of Jan 09 and apparently they were quite satisfied. lol I did stop caring about it at all since last few months, wasnt even visiting this forum much often.
You are true in saying that it could be just the case of a lazya£$ caseworker sitting on your application chewing gums..or even pies :p

[raja1082k1]

Hi All,

Even I have applied(+ dependant) on 19th Mar.
Was UNDER CONSIDERÄTION on 30th April
Today UNDER FURTHER CONSIDERATION.

Does it mean that my application has been processed and a final verification is pending only OR
Does it mean that they need some more information(eg: from banks,past-employers etc) for processing the appln??

Pl help!!

[flygirl]

Good to hear that you finally got the visa after that long wait.

I am still waiting since 25th November 2008 when i received acknowledgement for mine. lol
Last time i wrote, they came back with 'case going under extended checks'. Seems like other ppl here have had that response as well. I know it cant be the employer verification as that was done wayback in 2nd week of Jan 09 and apparently they were quite satisfied. lol I did stop caring about it at all since last few months, wasnt even visiting this forum much often.
You are true in saying that it could be just the case of a lazya£$ caseworker sitting on your application chewing gums..or even pies :p

I firmly believe (and wait to be proved otherwise) that the "extended checks" response is a generic response to any complaint letter sent on the lines of "why is my application taking more than 14 weeks?". Maybe you want to post a few lines of the letter and maybe hoopsy or some other people can reply to let us know if they've received the same letter.
What I did was to send an urgent treatment and almost immediately follow it up with a complaint about their apparent decision to ignore my UT reasons. I strongly felt that if I sent in a letter only complaining that I've been waiting more than 14 weeks, they'd just dish out a standard "go away" response.

Although I must admit that it is possible my UT and complaint had nothing to do with the process and they just treated my application in line with their procedures (I doubt it though..)

[mbasmart]

Good work hoopsy, thanks... But I've done some research which is as follows:

As mentioned in Tier1 (General) application form, the applicant is not able to submit a further fresh application if any other application (for further leave to remain) 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 wishes to vary the grounds of the existing application he/ she must refer to Chapter 1, section 5 of the Immigration directorate instructions on their website http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary and contact the UK Border Agency team processing the existing application (Reference: Tier1 General Application Form Page70).

Chapter 1, section 5 of the Immigration directorate is summarized below:

It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is “treated as continuingâ€

[hoopsy]

[quote="mbasmart"]Good work hoopsy, thanks... But I've done some research which is as follows:

As mentioned in Tier1 (General) application form, the applicant is not able to submit a further fresh application if any other application (for further leave to remain) 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 wishes to vary the grounds of the existing application he/ she must refer to Chapter 1, section 5 of the Immigration directorate instructions on their website http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary and contact the UK Border Agency team processing the existing application (Reference: Tier1 General Application Form Page70).

Chapter 1, section 5 of the Immigration directorate is summarized below:

It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is “treated as continuingâ€

[mbasmart]

Along with my application, I've enclosed a print-out of their email that they've sent me confirming that I can write to them to vary my current application for further leave to remain. Dont know if that email has any significance whatsoever...

[raja1082k1]

Hi all....

Happy to tell you that I've got my passport back today.
Visa was approved on 8th May,09 valid till 8th May,2012.
One thing I learnt/experienced here was abt the status of the visa.


Student visa(ongoing studies) + 1 Dependant to Tier-1

19th Mar--- Application Posting Date
30th Apr--- UNDER CONSIDERATION
5th May--- UNDER CONSIDERATION
7th May--- UNDER FURTHER CONSIDERATION(changed here)
8th May--- UNDER CONSIDERATION(reverted back)
9th May--- Passport & papers received back


If any one has got his appln status changed from "Under Consideration" to "Under Further Consideration" again to "Under Consideration" that means visa is approved or already processed and you will get it in next couple of days.(refer my visa status above).

For those who are waiting, my best wishes are with them and advice them to keep best hopes alive wih patience.

[vinniexx007]

Hey Guys,

I have a similar position. I have applied from Student to Tier 1 G.

Applied on: 8th Dec 08
Received on 9th Dec 08
Payment confirmed on 9th Dec 08

I made my first call In Feb 09 to enguire the status and i was told awaiting decision. Sent a letter in late Feb, no reply.

My subsequent calls one in March & April and the response was awaiting further consideration.

It is 21 weeks now. Any ideas of what i can do. I really need this.

[raja1082k1]

Hey Guys,

I have a similar position. I have applied from Student to Tier 1 G.

Applied on: 8th Dec 08
Received on 9th Dec 08
Payment confirmed on 9th Dec 08

I made my first call In Feb 09 to enguire the status and i was told awaiting decision. Sent a letter in late Feb, no reply.

My subsequent calls one in March & April and the response was awaiting further consideration.

It is 21 weeks now. Any ideas of what i can do. I really need this.

It seems they r waiting for some reference check confirmation. Pl get in touch with ur past employer(s), ur university in India and bank ppl from where ur statements were taken.

U can file a complain as it's more than 14 weeks.

[flygirl]

Along with my application, I've enclosed a print-out of their email that they've sent me confirming that I can write to them to vary my current application for further leave to remain. Dont know if that email has any significance whatsoever...

I think it does have significance. In case it flops, it their fault and you should be able to go back to your student application. But we're not expecting it to flop anyway....

[mbasmart]

Thanks for your responses guys... Now that I've requested them to vary my application grounds and grant Tier1 instead of Student extension, what do u reckon should I do to speed up the process? You would probably agree that I should get an acknowledgement from them in next week or 10 days. Since only one month is left until validity of HSMP approval letter, what in ur opinion should I do (like an urgent request etc) so that my application is transferred to Tier1 department on time and it is processed within stipulated time span??? I want them to at-least acknowledge that my application for switching to tier1 has been received, processing has been started and payment deducted ASAP... Any suggestions/ thoughts?