Tier 1 (General) Extension under 28 day Concession

[keramos]

Hello everyone,

Just wanted to share my experience, I applied for my Tier 1 (General) in July of this year (previously on HSMP) and I was rejected due to shortage in Maintenance funds. Visa expired in August 2009.

I approached a lawyer (Allyster Kelly Solicitors), who Appealed on my behalf. In the Due course of the Appeal they also wrote to Home Office to reconsider my application as I had a strong case (according to them). Home office agreed but asked to withdraw the Appeal or wait till it was outcomed.

My solicitor ill-advised me on the Home Office communication, and led me to believe that by withdrawing the Appeal and requesting HO to reconsider the application will result in a favourable answer from HO.

On withdrawing the Appeal Home Office rejected the application once again and mentioned that their previous decision was correct.

I dumped my solicitor (Allyster Kelly Solicitors), and approached Immigration Advisory Service UK (IAS UK) who advised me that I am able to submit a fresh new application (under the 28 day concession) even though my application would be out of time i.e. my Visa expired in August 2009. I fall under the 28 day concession as HO refused my reconsideration on 29th September 2009 therefore it is still under lawful stay, hence I put in a fresh new application within 28 days time period was over.

Apparently there is a Concession made in a parliamentary debate which allows a person to submit an out of time application within 28 days of refusal and Home Office has to consider this as a fresh new application. For more information please read Columns 97-98 ( i read the whole thing to understand it) & please visit the below site for more information on the Parliamentary debate read
http://www.publications.parliament.uk/p ... 7-0014.htm

Submitted Fresh application on 19th Oct 2009, On 9th Nov 2009 Granted extension under Tier 1 (General) until 2012.

Timeline:

Applied for extension of leave to remain under Tier 1 (General) : 1st July 2009

Application rejected on 6th Aug 2009

Appealed on 14th Aug 2009

Appeal withdrawn on 27th Sept 2009

Home Office Reconsideration Rejected on 29th Sept 2009

Submitted fresh application 19th Oct 2009

Extension Granted under Tier 1 (General) 9th Nov 2009

regards,

Keramos

[ukvisaguru_co_uk]

Congrats Keramos...

This information will be really helpful for everyone on this forum.

[subhan mohammed]

Hello everyone,

Just wanted to share my experience, I applied for my Tier 1 (General) in July of this year (previously on HSMP) and I was rejected due to shortage in Maintenance funds. Visa expired in August 2009.

I approached a lawyer (Allyster Kelly Solicitors), who Appealed on my behalf. In the Due course of the Appeal they also wrote to Home Office to reconsider my application as I had a strong case (according to them). Home office agreed but asked to withdraw the Appeal or wait till it was outcomed.

My solicitor ill-advised me on the Home Office communication, and led me to believe that by withdrawing the Appeal and requesting HO to reconsider the application will result in a favourable answer from HO.

On withdrawing the Appeal Home Office rejected the application once again and mentioned that their previous decision was correct.

I dumped my solicitor (Allyster Kelly Solicitors), and approached Immigration Advisory Service UK (IAS UK) who advised me that I am able to submit a fresh new application (under the 28 day concession) even though my application would be out of time i.e. my Visa expired in August 2009. I fall under the 28 day concession as HO refused my reconsideration on 29th September 2009 therefore it is still under lawful stay, hence I put in a fresh new application within 28 days time period was over.

Apparently there is a Concession made in a parliamentary debate which allows a person to submit an out of time application within 28 days of refusal and Home Office has to consider this as a fresh new application. For more information please read Columns 97-98 ( i read the whole thing to understand it) & please visit the below site for more information on the Parliamentary debate read
http://www.publications.parliament.uk/p ... 7-0014.htm

Submitted Fresh application on 19th Oct 2009, On 9th Nov 2009 Granted extension under Tier 1 (General) until 2012.

Timeline:

Applied for extension of leave to remain under Tier 1 (General) : 1st July 2009

Application rejected on 6th Aug 2009

Appealed on 14th Aug 2009

Appeal withdrawn on 27th Sept 2009

Home Office Reconsideration Rejected on 29th Sept 2009

Submitted fresh application 19th Oct 2009

Extension Granted under Tier 1 (General) 9th Nov 2009

regards,

Keramos

Hi keramos,

Good show, have no words, its today at 4.30 am, i was reading through your case. mine got refused today came in the afternoon, very stressed and could not sleep, got a lot of information from your experience.
they has sent me appeal forms, i am with my husband and son here.

They say they were not able to verify my previous payslips with my previous employer, so, they have not considered 4 payslips,

2nd reason was the present employers payslip in the month of december the fund are not found in the personal account, My employers has transfered the salary into my business account by mistake, so he has not considered that payslip aswell.

they have granted me 35 points in the place of 40 which i should be getting.

Please advise:

i want to given a fresh application as i have the relevant documents and also i am going to take letters from my previous director and the company accountent to state what so ever.

and the present employer to show his company bank statement where my salary was transfered into my business account, is that fine.

Important advise pl - if i am allowed to appeal can i go with fresh application fast track which is one day service with all the necessary document. or i should only appeal.

tks waiting for your advise if possible call on 07903096424

[keramos]

Hi keramos,

Good show, have no words, its today at 4.30 am, i was reading through your case. mine got refused today came in the afternoon, very stressed and could not sleep, got a lot of information from your experience.
they has sent me appeal forms, i am with my husband and son here.

They say they were not able to verify my previous payslips with my previous employer, so, they have not considered 4 payslips,

2nd reason was the present employers payslip in the month of december the fund are not found in the personal account, My employers has transfered the salary into my business account by mistake, so he has not considered that payslip aswell.

they have granted me 35 points in the place of 40 which i should be getting.

Please advise:

i want to given a fresh application as i have the relevant documents and also i am going to take letters from my previous director and the company accountent to state what so ever.

and the present employer to show his company bank statement where my salary was transfered into my business account, is that fine.

Important advise pl - if i am allowed to appeal can i go with fresh application fast track which is one day service with all the necessary document. or i should only appeal.

tks waiting for your advise if possible call on 07903096424

Hi Subhan,

I would advice you to see a solicitor as they will appropriately handle your case.

I had been to Immigration Advisory Service in Birmingham, you can approach them as they are a non-profit organsiation and Immigration Law is their bread and butter.

If you want i could also give you the name of my solicitor.

PS: if you had pay going in the separate account, make sure you include that in your application or appeal evidence, along with you pay slips to corroborate the information you supplying HO.

also make sure you give HO a single point of contact where they can verify the information regarding your application. In terms of employer, make sure your HR & Payroll are advised well in advance of any expected HO communication.

please do not hesitate to ask any more questions.

regards,

Keramos

[raymasa2]

Congratulations on the successful outcome and thanks for posting your experience and details here, especially the relevant link. This would be helpful to others.

Ray