Tier 1 extension rejected, HSMP expired please advise

[Pokie]

Hi All,

I received my rejected Tier 1 general extension application today. I have finally calmed down enough now to write this message.

I would really appreciate some advice on how to proceed and hope that my experience/misfortune/stupidity can prevent this happening to someone else (apologies for the long post). Please note that the rejection was the result of my own stupidity and not a UKBA oversight and my HSMP has since expired. Importantly, the [u]UKBA have retained my passport[/u]!

Summary of my application:
Qualifications: previously assessed (50 points)
Previous earnings: 45 points
UK experience: 5 points
Age: not claimed
English language: previously assessed
[b]Maintenance funds: 0 points[/b]
“You have stated that you are in possession of at least £800 of personal savings. The supplied bank statements show a balance of £xxx on [date] which does not establish that you have been in possession of these savings for the specified 3 month period immediately before your application. No points have been awarded in this area, in line with published guidanceâ€

[ChetanOjha]

You can provide new evidences in your appeal. Many people in this forum has done that. One example is in below link.

http://www.immigrationboards.com/viewto ... c&start=20

Contact this member and ask him how he progressed his case. He had similar problem. I think since the precedence is already set your appeal should go through. Just try to proactively contact members who already won the cases/appeal to get an idea about the process. PM members...don;t wait for people to reply to your thread.

[inna]

Just to clarify - your bank statements that you submitted went under £800, but you have another bank account that had over £800 the entire 3 month period?

The case is a bit different to mine as you submitted evidence that wasn't adhering to their rules, but in my case I didn't actually submit the evidence as I misunderstood the 'different sources' part.

This bit of info from my 'determination' letter from the Judge might help:
"The appellant invokes LS (post-decision evidence; direction; appealability) Gambia [2005] UKAIT, but this is not evidence as a matter arising after the decision; it is simply material evidence that was in existence, but not adduced, at the time of application."

So supposedly my bank statements aren't even counted as 'new evidence', as they were in existence already.. but the Gambia case allows new evidence - which I imagine would be needed for your 'new' bank statement.

I wouldn't do this without getting a solicitor/lawyer - so if you were able to simply resubmit a new application, with the right bank statements, then I would do that. It is expensive to do another application, but at least you don't need to get pay even more than the application fee for a lawyer.

Is there any reason given for keeping your passport? Mine was sent back with my rejection letter.

[dahokolomoki]

I think the floodgates with submitting additional evidence to the application has been wide open for a few weeks now, and the Home Office is not complaining, even though their official stance is still that you can't submit new evidence.

Given your case I think your appeal should be 99% successful, but of course, you should get a lawyer to help you out if you choose to do so as technically you were in the wrong with the application guidelines but you need the lawyer to phrase legalese to allow the judge to admit your additional evidence.

[inna]

...even though their official stance is still that you can't submit new evidence.

Is this actually correct? I called the Home Office twice and asked about submitting new evidence - one person said it wasn't allowed and one person said it was completely fine.

I can't see how it can be a rule not to submit new evidence.. imagine if you simply forgot to attach one document, like a birth certificate - then you would be rejected with no chance to show the real document?

I can only imagine it is an official stance if it is down to a technicality on the actual definition of 'new' - i.e. a birth certificate isn't 'new', but a payslip from a different company than originally claimed is 'new'.

[ChetanOjha]

Just to clarify - your bank statements that you submitted went under £800, but you have another bank account that had over £800 the entire 3 month period?

The case is a bit different to mine as you submitted evidence that wasn't adhering to their rules, but in my case I didn't actually submit the evidence as I misunderstood the 'different sources' part.

This bit of info from my 'determination' letter from the Judge might help:
"The appellant invokes LS (post-decision evidence; direction; appealability) Gambia [2005] UKAIT, but this is not evidence as a matter arising after the decision; it is simply material evidence that was in existence, but not adduced, at the time of application."

So supposedly my bank statements aren't even counted as 'new evidence', as they were in existence already.. but the Gambia case allows new evidence - which I imagine would be needed for your 'new' bank statement.

I wouldn't do this without getting a solicitor/lawyer - so if you were able to simply resubmit a new application, with the right bank statements, then I would do that. It is expensive to do another application, but at least you don't need to get pay even more than the application fee for a lawyer.

Is there any reason given for keeping your passport? Mine was sent back with my rejection letter.

I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds and inspite of having enought funds maintained in other account he had submitted only one bank statement. Better get a lawyer to rephrase your case to the judge.
I think the chances are good. As many people have got rejected due to maintenance funds and then successfully got their appeal accepted.

See a good lawyer to present your case.

[inna]

I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds...

Maybe so, but I feel there could be a difference between not submitting enough evidence (myself) and submitting evidence that doesn't qualify for the points (Pokie).

[ChetanOjha]

I find your case and this case similar because, I would claim this person also misunderstood requirement of maintenance funds...

Maybe so, but I feel there could be a difference between not submitting enough evidence (myself) and submitting evidence that doesn't qualify for the points (Pokie).

There are many cases like this. I think he should be fine.Many people has got approval with the maintenance funds rejection for not submitting all evidences.

[confusedhsmp]

Appeal tribunals accept new evidence depending on how material they are to case!

so guyz! any kind of old new info that helps your case is acceptable..the only thing is that any evidence from after the date of your application wont be accepted.

[GG]

Can my employer apply for work permit, while FLR app is in?
Is it feasible for my employer to apply for a work permit now that I have my appeal turned down with the threat of being of being asked to leave within a couple weeks (I can appeal the appeal but the case put forward was poorly handled I do not feel there is much to fight on) , and I have a FLR application (May 07, 2009) which seems to be taking average 6 months,. This time hiring the only legal firm that would accept me at very short notice. I am willing to pay for second opinion asap - if you have any recommendation please email me at grumpytwo2@googlemail.com.

Please reccommend immgration lawyers with knowledge and who will take a client at very short notice, prefereably see me this saturday (July 4th in wales or england.

My problem started when After 5 years in the UK but only last two years under the HSMP (granted Nov , 2006, previous 3 under post-graduate doctor permit free visa), unfortunately I made the biggest mistake of my life and my application was made for indefinite leave to remain Jan 2009 a couple of weeks before the expiry date. Because I did not qualify (" not 5 years) under the HSMP I was refused and told unless I appeal I was to leave the country in 10 working days on April 2009. I filed for an appeal within the 10 working days concurrently with Further leave to remain application- the one I should have done in the first place. That failed appeal specifically addresses the refusal Aprill 09 and does not address any other decision or application after that date.

[fahadz1]

[quote="Pokie"]Hi All,

I received my rejected Tier 1 general extension application today. I have finally calmed down enough now to write this message.

I would really appreciate some advice on how to proceed and hope that my experience/misfortune/stupidity can prevent this happening to someone else (apologies for the long post). Please note that the rejection was the result of my own stupidity and not a UKBA oversight and my HSMP has since expired. Importantly, the UKBA have retained my passport!

Summary of my application:
Qualifications: previously assessed (50 points)
Previous earnings: 45 points
UK experience: 5 points
Age: not claimed
English language: previously assessed
Maintenance funds: 0 points
“You have stated that you are in possession of at least £800 of personal savings. The supplied bank statements show a balance of £xxx on [date] which does not establish that you have been in possession of these savings for the specified 3 month period immediately before your application. No points have been awarded in this area, in line with published guidanceâ€

[RM74]

[quote="chetanojha"]You can provide new evidences in your appeal. Many people in this forum has done that. One example is in below link.

http://www.immigrationboards.com/viewto ... c&start=20

Contact this member and ask him how he progressed his case. He had similar problem. I think since the precedence is already set your appeal should go through. Just try to proactively contact members who already won the cases/appeal to get an idea about the process. PM members...don;t wait for people to reply to your thread.[/quote]
Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.

[ChetanOjha]

Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.

What does your rejection letter say? What was the base of your initial rejection? Was it only maintenance funds or earnings as well?

[RM74]

[quote="chetanojha"][quote="RM74"]Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.[/quote]

What does your rejection letter say? What was the base of your initial rejection? Was it only maintenance funds or earnings as well?[/quote]

The reason for refusal initially was based on the Maintenance Funds and Earnings. After I made an appeal points were granted for funds based on my explanations but for previous earnings points were not awarded.

[ChetanOjha]

Hi Chetanojha, I am also in a similar position. I had applied for my HSMP Extension and it got refused. my visa expired on 12th June 2009. I had made an appeal and the case officer accepted my funds and granted points for the maintenance funds, but have not given points for my previous earnings. My query is can I make a 2nd appeal and as my visa has already expired, can I make a fresh application for the extension.

What does your rejection letter say? What was the base of your initial rejection? Was it only maintenance funds or earnings as well?

The reason for refusal initially was based on the Maintenance Funds and Earnings. After I made an appeal points were granted for funds based on my explanations but for previous earnings points were not awarded.

Are you given right to appeal in the rejection letter? Also...was your earnings not proper?

[fahadz1]

I AM SUPRISED HOW COME THEY SAY LEAVE THE COUNTRY AND YOU DONT HAVE RIGHT TO LIVE DUE TO MAINTENEACE FUNDS ??
YOU ARE A HIGHLY SKILLED PERSON HOW COME THEY SAY THIS IN LETTER. SENIOR MEMEBERS PLEASE PUT SOME LIGHT ON THIS CASE I NEVER HEARD FROM ANY ONE THAT TO GO BACK.
LAST MONTH MY FRIEND GOT RUFUSAL ON IGS APPLICATION DUE TO MAINTENCE FUNDS BUT HE HAVE GIVEN RIGHT TO APPEAL AND LETTER DOES NOT SAY TO GO BACK ?

[rizwan567]

[quote="Pokie"]Hi All,

I received my rejected Tier 1 general extension application today. I have finally calmed down enough now to write this message.

I would really appreciate some advice on how to proceed and hope that my experience/misfortune/stupidity can prevent this happening to someone else (apologies for the long post). Please note that the rejection was the result of my own stupidity and not a UKBA oversight and my HSMP has since expired. Importantly, the UKBA have retained my passport!

Summary of my application:
Qualifications: previously assessed (50 points)
Previous earnings: 45 points
UK experience: 5 points
Age: not claimed
English language: previously assessed
Maintenance funds: 0 points
“You have stated that you are in possession of at least £800 of personal savings. The supplied bank statements show a balance of £xxx on [date] which does not establish that you have been in possession of these savings for the specified 3 month period immediately before your application. No points have been awarded in this area, in line with published guidanceâ€

[ChetanOjha]

I AM SUPRISED HOW COME THEY SAY LEAVE THE COUNTRY AND YOU DONT HAVE RIGHT TO LIVE DUE TO MAINTENEACE FUNDS ??
YOU ARE A HIGHLY SKILLED PERSON HOW COME THEY SAY THIS IN LETTER. SENIOR MEMEBERS PLEASE PUT SOME LIGHT ON THIS CASE I NEVER HEARD FROM ANY ONE THAT TO GO BACK.
LAST MONTH MY FRIEND GOT RUFUSAL ON IGS APPLICATION DUE TO MAINTENCE FUNDS BUT HE HAVE GIVEN RIGHT TO APPEAL AND LETTER DOES NOT SAY TO GO BACK ?

It's Horses for Courses...

[Intelarch]

Hi All

I have been going through this forum and realised that perhaps I can
gain more from your experiences and ensure a successful application for Tier 1.

Let me tell you the back ground. ....I went to UK in Sept. 2006 to
pursue masters. In June 2007 I was offered a job. At that time I was done
with my full-time classes and exams, the only thing pending was my
thesis. As per UKBA one can take part-time work during study and full-time work during non-course duration. Considering that my full-time classes were over I accepted the job offer and joined in end June. Simulaneously I was working on my thesis and submitted it in Mid Sept. 2007. In Jan I cleared my Thesis and in Feb.,2008 I got letter confirming that I have fullfilled all the requirements for my MSc. As my student visa was due to expire on 30th April 2008, I calculated the best way forward (at that time, could have applied for IGS) and realised that if I wait till March 2008 salary I will be able to accumulate sufficient points for Tier 1. So that what I did I made my application on -either end of march and I got my refusal on 4th June 2008.

The refusal letter commented that I failed to follow conditions
attached to my leave to remain by working full-time. I was given right to appeal. I consulted an immigration advisor who did not see enough weight in my appeal, so I decided to come back to my home country.

Considering these factors and the Part 9- 320 (7B) of immigration rules I waited for an year to reapply from my home country for Tier 1 General-Skilled Person. Now the time has come that I am ready to reapply.

Before going ahead I would appriciate if you can share your experiences with me and guide me forward.

Regards



.

[xpscapable]

2. Ring the local enforcement office, get my passport back, jump on the Eurostar and come back into the UK as a visitor and submit a new application (most likely option)

You can't do this. Not as a visitor in the UK.

[shivap]

Hi,

I am in a similar situation as yours.

I have received a Tier1 rejection letter because of insufficient funds in my current account.
However i do have another saving account(ISA) having sufficient funds. But i did not provide this as a evidence with my application.

My visa expired on 28th aug 2009 and i have received my passport and rejection letter today(5th Sept 2009).

Can you please let me what did you do?

You can directly mail me at mrityunjaycs@yahoo.co.in or call me on 07896048698.

Many thanks in advance.
Jay

[push]

Hi,

I am in a similar situation as yours.

I have received a Tier1 rejection letter because of insufficient funds in my current account.
However i do have another saving account(ISA) having sufficient funds. But i did not provide this as a evidence with my application.

My visa expired on 28th aug 2009 and i have received my passport and rejection letter today(5th Sept 2009).

Can you please let me what did you do?

You can directly mail me at mrityunjaycs@yahoo.co.in or call me on 07896048698.

Many thanks in advance.
Jay

Appeal and provide your ISA statement