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Strong ground for appeal?

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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ivesives
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Strong ground for appeal?

Post by ivesives » Mon Aug 31, 2009 1:19 pm

Can I use this letter as a ground of my appeal for Tier 1 General??

Dear Sirs,

I just received a refusal of Tier 1 (General) Visa.

The ground of refusal was stated as follows:

"You have produced a certificate of Membership issued by the Hong Kong Institute of Certified Public Accountants, stating that you are a Certified Public Accountant of the Institute Date 17th February 2009. However, this institute is not on the qualifications database on the points based calculator."

Before making an appeal, I would like to raise out there might be certain information error in the qualification database. In the qualification database (as per the information extracted from the points-based calculator), there is an institution named Hong Kong Institute Chartered Professional Accountants.

In Hong Kong, there is no professional accounting body named as Hong Kong Institute Chartered Professional Accountants. Besides, only the member of the Hong Kong Institute of Certified Public Accountants can regard himself as Certified Public Accountant in Hong Kong which is protected by the Hong Kong Professional Accountants (Amendment) Ordinance (as extracted for your reference below).

Extracted from https://www.hkicpa.org.hk/membership/me ... o/logo.php
With effect from the commencement of Professional Accountants (Amendment) Ordinance 2004 on 8 September 2004, all current members on the HKICPA membership register are deemed to be registered as certified public accountants under section 22(4) of the Professional Accountants Ordinance (Cap. 50) (PAO). They therefore acquire the designation "Certified Public Accountant ( 會計師 )" and are entitled to use the initials "CPA" under By-law 22. The designation "Certified Public Accountant ( 會計師 )" or the initials "CPA" is used to describe a member's professional qualification.

Thus, I am afraid that there might be some erroneous information stored in the qualification database which eventually led to the refusal of my application for Tier 1 (General) Visa.

I would like to seek your advise for further supporting documentation I should provide for the appealing process for verifying my qualification of which 35 points should have been granted provided the database is correct. I also attach the refusal note for your reference.

push
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Post by push » Mon Aug 31, 2009 7:22 pm

UKBA relies on NARIC to provide info on equivalency of foreign degrees to UK Masters. Its quite unfortunate that despite knowing that there was supposedly a discrepancy in the NARIC database (on PBS calculator) you went ahead and submitted your application. I guess you should send a letter to NARIC as well asking them to correct the database provided to UKBA.
regards,
push
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srirags
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Post by srirags » Mon Aug 31, 2009 8:26 pm

It looks like eventhough NARIC certifies the qualification is comparable to that of UK Masters it is not necessary to award 35 points as it seems they have their own checklist and NARIC is the basic requirement if you can't see you qualification in database. See page 72 of Tier 1 application form para K3

But you hold a good chance if you can prove that "Hong Kong Institute Chartered Professional Accountants" is same as "Hong Kong Institute of Certified Public Accountants" by providing those official sites in the review. All the best!!

From page 72 of Tier 1 application form,

K3 The applicant should tick one box to indicate
the level of his/her qualification as assessed by
UK NARIC, or (where applicable) by the relevant
United Kingdom Professional Body. Please
note however, that even where an applicant
has checked their qualification directly with UK
NARIC, we will still assess the qualification
independently.
"

push
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Post by push » Mon Aug 31, 2009 10:39 pm

srirags wrote:It looks like eventhough NARIC certifies the qualification is comparable to that of UK Masters it is not necessary to award 35 points as it seems they have their own checklist and NARIC is the basic requirement if you can't see you qualification in database. See page 72 of Tier 1 application form para K3
That does not seem correct to me. Para 80 of the Guidance Note says:
How qualifications are assessed
We will always assess the qualifications an applicant uses by referring to the points based calculator on our website. The calculator contains information from UK NARIC on the equivalency of overseas qualifications.
Also Para 85 says:
For professional/vocational qualifications, where the applicant is unable to find details of his/her qualification on the points based calculator, he/she may still wish to claim points for the qualification in question. In these circumstances the applicant should obtain written confirmation from the appropriate UK professional body of the qualification’s equivalence to UK academic levels. Please note the alternative evidence will only be accepted where UK NARIC have made no assessment. If UK NARIC have assessed the qualification, we will use that assessment in scoring the application and disregard any evidence supplied from the professional body.
regards,
push
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ivesives
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Post by ivesives » Tue Sep 01, 2009 7:45 am

Dear all,

I had amended the letter and sent out this afternoon, wish me luck....

The amended version is as follow:

I just received a refusal of Tier 1 (General) Visa. The ground of refusal was stated as follows: "You have produced a certificate of Membership issued by the Hong Kong Institute of Certified Public Accountants, stating that you are a Certified Public Accountant of the Institute Date 17th February 2009. However, this institute is not on the qualification database on the points-based calculator."

For the reason of the administrative review, I would like to raise out there might be certain information error in the qualification database. In the qualification database (as per the information extracted from the points-based calculator), there is an institution named Hong Kong Institute Chartered Professional Accountants.

In Hong Kong, there is no such a professional accounting body named as Hong Kong Institute Chartered Professional Accountants. Besides, only the member of the Hong Kong Institute of Certified Public Accountants (hereinafter “HKICPAâ€

ivesives
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Post by ivesives » Thu Sep 03, 2009 1:10 am

Do anyone know how to contact NARIC UK?

mvent00
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Post by mvent00 » Thu Sep 03, 2009 12:26 pm

http://www.naric.org.uk/index.asp?page=16
ivesives wrote:Do anyone know how to contact NARIC UK?

ivesives
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Post by ivesives » Sun Sep 06, 2009 4:53 am

Dear Ng Wai Wah,

Thank you for your enquiry.

After investigating the issue raised in your email below we can confirm that the entry on the PBS calculator will be changed to “Hong Kong Institute of Certified Public Accountantsâ€

push
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Post by push » Sun Sep 06, 2009 12:57 pm

[quote="ivesives"]Dear Ng Wai Wah,

Thank you for your enquiry.

After investigating the issue raised in your email below we can confirm that the entry on the PBS calculator will be changed to “Hong Kong Institute of Certified Public Accountantsâ€
regards,
push
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ivesives
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Post by ivesives » Sun Sep 06, 2009 4:30 pm

[quote="push"][quote="ivesives"]Dear Ng Wai Wah,

Thank you for your enquiry.

After investigating the issue raised in your email below we can confirm that the entry on the PBS calculator will be changed to “Hong Kong Institute of Certified Public Accountantsâ€

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