321/320 and THE END

[ali000]

hi guys,

YOU ALL KNOW MY STORY BUT THIS IS THE END,,,,,,

I have applied for tier 1 general in the start of this year,but home office refused my application because they could not verify my past earnings,

they called my previous employer in my home country and a new boy who started after me told them that I have never worked there.

so home office conclude that I had never worked there and refuse my application under 321(deception) and ban me under 320 that any of my future applications will be refused for 1 year.they did not give me the right of appeal because at that time my existing visa was still valid,,,,But

because I was a genuine employee there I got all the papers again from my employer confirming my job,duration,salary and 1 letter from the guy who answer the call that he did not know the fact that I was a genuine worker there,I send all documents back to the home office and ask them for a review,

Again refused that review is not available for in country applications.

Same time My IGS visa was going to expire so I applied for PSW before 3 months but home office also refuse my this application and told me you are ban for reapplying because you had used deception in your previous application.this time they give me the right of appeal

I appealed and attend my hearing in end july without any lawyer or barrister(I went myself only) and got determination on 8 september,,,,,,,,,,,,,,,and you know what

I HAVE WON MY APPEAL AND I HAVE PROVE IN COURT THAT HOME OFFICE WAS WRONG.AND I WAS A REAL EMPLOYEE IN MY COMPANY IN BACK HOME

Now they will give PSW visa but I want to know

Can I ask them about tier i general visa as well? because I have prove in court that I really worked in my company.

Please tell me what are my options...

thanks a lot

[cheshiregoan]

Glad this has been sorted for you. As for whether you can get a Tier 1 (General) or PSW will depend upon which appeal you have won. Have you won the appeal for General or PSW because you will get the visa for that only.

[ali000]

thanks dear,

It was an PSW appeal but why they refuse my this application because they accused me to have used deception in my previous tier 1 general application and ban me for 1 year to reapplying.but thank god I prove them wrong and yes

I will get stamped PSW first and than I will send them a request with court determination to grant me tier 1 general as well.

I been to some solicitors and they are saying 50/50 chances for tier 1 general as well.

and with the help of god I am hoping for the best...

[nmm]

Why they confirm from previous employer in home country?? Did that was included in 12 months period? or did they just check your old employer with whom you worked 2 years back?

[vinny]

hi guys,
YOU ALL KNOW MY STORY BUT THIS IS THE END,,,,,,

I have applied for tier 1 general in the start of this year,but home office refused my application because they could not verify my past earnings,

they called my previous employer in my home country and a new boy who started after me told them that I have never worked there.

so home office conclude that I had never worked there and refuse my application under 321(deception) and ban me under 320 that any of my future applications will be refused for 1 year.they did not give me the right of appeal because at that time my existing visa was still valid,,,,But

because I was a genuine employee there I got all the papers again from my employer confirming my job,duration,salary and 1 letter from the guy who answer the call that he did not know the fact that I was a genuine worker there,I send all documents back to the home office and ask them for a review,

Again refused that review is not available for in country applications.

Same time My IGS visa was going to expire so I applied for PSW before 3 months but home office also refuse my this application and told me you are ban for reapplying because you had used deception in your previous application.this time they give me the right of appeal

I appealed and attend my hearing in end july without any lawyer or barrister(I went myself only) and got determination on 8 september,,,,,,,,,,,,,,,and you know what

I HAVE WON MY APPEAL AND I HAVE PROVE IN COURT THAT HOME OFFICE WAS WRONG.AND I WAS A REAL EMPLOYEE IN MY COMPANY IN BACK HOME

Now they will give PSW visa but I want to know

Can I ask them about tier i general visa as well? because I have prove in court that I really worked in my company.

Please tell me what are my options...

thanks a lot

1. U can but if u appeal for PSW then u can only be given visa for PSW and not any other visa.
2. However, u can apply again for Tier 1 and if they do reject then u will win the appeal as its ben proved in the court taht u were a genuine employee.

[confusedhsmp]

I think you are mistaking things here. Your appeal has been approved not because of you proving you were a genuine employee, eventhough you mave have done so sucessfully, but beacuse the HO was wrong in refusing you any FLR. Read your Tier 1 decision again and you will understand why you won the appeal. The only thing is that you wont be able to make entry clearance application. Speak to your solictior.

[ali000]

Hi confusedhsmp,

I am not mistaking any thing as I said before they refused my PSW because they accused me to have used deception in my tier 1 general application,which I made before 4 months.they also ban me and told me that any of my entry clearence,leave to entre and leave to remain applications will be refused for 1 year.

1;Deception was the only clause for my tier 1 general application.

2;they refuse my PSW application because of 1 year ban due to my tier 1 general application.

3;My appealed is only allowed after I have prove in court that I was a genuine employee in my company and the documents I submitted with my tier 1 general application were not false.and this thing is very clear in my determination.

and the last thing about solictior,,

I have ask not one but 3 lawyers about my case and they are saying same thing,that there is 50/50 chance of tier 1 general as well.because they were wrong to refuse my tier 1 general application.

they are advising me to get PSW stamped first and than write/request to home office for tier 1 general.

I think it will be clear for you now.

I believe every thing is possible

thanks

[confusedhsmp]

Hi confusedhsmp,

I am not mistaking any thing as I said before they refused my PSW because they accused me to have used deception in my tier 1 general application,which I made before 4 months.they also ban me and told me that any of my entry clearence,leave to entre and leave to remain applications will be refused for 1 year.

1;Deception was the only clause for my tier 1 general application.

2;they refuse my PSW application because of 1 year ban due to my tier 1 general application.

3;My appealed is only allowed after I have prove in court that I was a genuine employee in my company and the documents I submitted with my tier 1 general application were not false.and this thing is very clear in my determination.

and the last thing about solictior,,

I have ask not one but 3 lawyers about my case and they are saying same thing,that there is 50/50 chance of tier 1 general as well.because they were wrong to refuse my tier 1 general application.

they are advising me to get PSW stamped first and than write/request to home office for tier 1 general.

I think it will be clear for you now.

I believe every thing is possible

thanks

well thats very good then. but yes you should be able to apply for tier 1 in this case. do it asap as the time you are spending on psw would starting counting towards your 15 months earning period taking it away your earning from backhome.