Result of Admin Review-rejected. what to do next?so unfair..

[goodssb]

Hi all,

I applied for Tier 1 general on 9 Dec and got reply today. I claimed 35 points in Qualification section (not UK experience section) for my master degree in the UK. I was not awarded points in this section because they say my master degree is over 5 years ago. I know that in order to claim 5 points for UK experience, my study in the UK should be within 5 years, but I did not see this 5-year rule applies to Qualification section as well. Anyone knows? Please help!

-update: Result of Admin Review:
ECM Comment: This has been correctly assessed by ECO. The UK (Master of Accounting and Finance) qualification was obtained more than 5 years prior to the receipt of the visa application and therefore this application does not meet the criteria that the qualification should have been awarded no more than 5 years prior to the date of application for this visa.

This is such a bullshit! I have phoned UK HO, there is no time limitation on qualification. and I used the online PBS calculator, selected my qualification from the database and I was awarded 35 points for my master degree.

So what to do now? I am afraid if I reapply, the result would be the same, coz its the same stupid people reviewing my application. I am wondering if I can make appeal in the UK?need help on this problem...

[goodssb]

In the rejection letter, it mentioned paragraph 32-41 of Appendix A of he immigration rules

[shabanaimrank]

Can you please confirm whether this was initial application or HSMP extension application?

[goodssb]

Can you please confirm whether this was initial application or HSMP extension application?

It's initial application

[goodssb]

In the rejection letter, it mentioned paragraph 32-41 of Appendix A of he immigration rules

I searched on their website, but could not find the so-called rules. Appendix A-Attributes para 32-41 are not about qualification. They are related to Tier 1 Investors

[geriatrix]

Can you spell out what your refusal letter says?

regards

[goodssb]

Can you spell out what your refusal letter says?

regards

The Qualification part is like this:

Points claimed: 35
Points awarded:0

ECO Comments:

The documents you have provided do not support your claime of 75 points under paragraph 32-41 of appendix A of the immigration rules. Specifically, you have claimed 35 points under paragraph 32-41 but on the basis of documents you have provided, namely, your Master of Science in Accounting and Finance. Guidelines specify that the qualification should have awarded no more than five years from the date of application. Your MSc was obtained 5 years ago. You have not, therefore, scored a minimum of 75 points under Appendix A, and I therefore refuse your application under paragraph 245C(c) of the immigration rules.

Other parts are fine. I claimed 85 points and was awarded 50 points.

Thanks a lot for your help, guys.

[geriatrix]

Submit PBS Administrative Review request without delay.

PBS Administrative Review guidance notes

regards

[mahdi]

This can not be right! I am sure there is a mistake somewehre

[goodssb]

Submit PBS Administrative Review request without delay.

PBS Administrative Review guidance notes

regards

Thanks a lot for the reply. I believe they have made a mistake. I used the online points calculator, which asked me to input the univeristy, the degree and year of award, and still gave me 35 points.

But the problem is, I am actually holding HSMP dependent visa. I have worked in the UK. In order to get my own Tier 1 visa, I resigned and went back to my own country. The whole review process could take 4-6 months. I just cannot be unemployed for that long time. It will be a disaster for my career. So any suggestions?

[koushikv]

27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:

(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or

(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,

(b) the qualification was awarded no more than 5 years before the application was made, and

(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.

Here is the link:

http://www.bia.homeoffice.gov.uk/policy ... appendixa/

So I guess it was a mistake.

Wish you all the best - am sure you will get your visa pretty soon

[goodssb]

27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:

(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or

(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,

(b) the qualification was awarded no more than 5 years before the application was made, and

(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.

Here is the link:

http://www.bia.homeoffice.gov.uk/policy ... appendixa/

So I guess it was a mistake.

Wish you all the best - am sure you will get your visa pretty soon

Thanks, Koushikv. Yes, that's the Appendix A I think is. But para 32-41 in the appendix A is for Tier 1 Investors, not related to Tier 1 General.

Another thing is in the cover letter they sent to me, they mentioned my application was assessed against these rules: Appendix A para 1-31. So not including para 32-41. It seems there is a conflict.

[goodssb]

Can you spell out what your refusal letter says?

regards

The Qualification part is like this:

Points claimed: 35
Points awarded:0

ECO Comments:

The documents you have provided do not support your claime of 75 points under paragraph 32-41 of appendix A of the immigration rules. Specifically, you have claimed 35 points under paragraph 32-41 but on the basis of documents you have provided, namely, your Master of Science in Accounting and Finance. Guidelines specify that the qualification should have awarded no more than five years from the date of application. Your MSc was obtained 5 years ago. You have not, therefore, scored a minimum of 75 points under Appendix A, and I therefore refuse your application under paragraph 245C(c) of the immigration rules.

Other parts are fine. I claimed 85 points and was awarded 50 points.

Thanks a lot for your help, guys.

Another thing is in the cover letter they sent to me, they mentioned my application was assessed against these rules: Appendix A para 1-31. So not including para 32-41. It seems there is a conflict.

[geriatrix]

It seems evident that a mistake has been made by the caseworker with respect to awarding score for your qualifications. You have two options:
1. Submit an administrative review notice.
2. Apply again (and pay the fees again).
Given the reason(s) for refusal that you have stated, I do not see any reason why this decision will not be overturned and your application approved.

I do not think that a review will take as long as 4-6 months (like the appeals in UK or to the AIT) but it is for you to decide how long you can wait for the decision. If you can wait for 4-8 weeks, I would (personally) suggest that you submit a review notice. If not, then you may want to apply afresh.

regards

[koushikv]

27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:

(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or

(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,

(b) the qualification was awarded no more than 5 years before the application was made, and

(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.

Here is the link:

http://www.bia.homeoffice.gov.uk/policy ... appendixa/

So I guess it was a mistake.

Wish you all the best - am sure you will get your visa pretty soon

Thanks, Koushikv. Yes, that's the Appendix A I think is. But para 32-41 in the appendix A is for Tier 1 Investors, not related to Tier 1 General.

Another thing is in the cover letter they sent to me, they mentioned my application was assessed against these rules: Appendix A para 1-31. So not including para 32-41. It seems there is a conflict.

Case in point: You are right. 32-41 is for Investor/Entrepreneur migrants. It seems very odd that they have overlooked such a basic thing - "difference between General / Investor".