Tier 1 extension - Rejected

[vmyilsamy]

Hi,

I applied for tier 1 general extension on 14 Nov 2009 within UK, but my application was refuesed along with my depenedants application as my funds gone down for 4 or 5 times during the three months period. And only once below £800.

I wasn't aware till I got my refusal letter, I made my initial application thru' HSMP. I had the missing funds(£30) in one of my bank account in India. I decided not to appeal for my dependants and appealing only for me.

I had faxed my appeal explaining the situation(requested for Paper hearing) along with the Indian bank statement.

My question is
1. What chance do I have?
2. How long will it take to get the judgement letter from AIT?
3. If successful how long it will take further to get the stamping?

Many thanks in advance

[push]

Hi,

I applied for tier 1 general extension on 14 Nov 2009 within UK, but my application was refuesed along with my depenedants application as my funds gone down for 4 or 5 times during the three months period. And only once below £800.

I wasn't aware till I got my refusal letter, I made my initial application thru' HSMP. I had the missing funds(£30) in one of my bank account in India. I decided not to appeal for my dependants and appealing only for me.

I had faxed my appeal explaining the situation(requested for Paper hearing) along with the Indian bank statement.

My question is
1. What chance do I have?
2. How long will it take to get the judgement letter from AIT?
3. If successful how long it will take further to get the stamping?

Many thanks in advance

Its unfortunate that you got a rejection. You should have been very careful when you applied. Anyways, if you can demonstrate that you had adequate funds (including those that you did not provide evidence for initially), you have good chances of getting a decision in your favour.

[vmyilsamy]

Hi there,

Thanks a lot for the kind reply.

Yes I have appealed and provided evidence for the missing funds. I would like to know how long it will take for the AIT to deal the appeal?

Many thanks

[crowbar6]

Hi there,

Thanks a lot for the kind reply.

Yes I have appealed and provided evidence for the missing funds. I would like to know how long it will take for the AIT to deal the appeal?

Many thanks

Not sure of the latest timelines but if you search on the forum, then some members with similar cases have posted their experiences. That should help give you an idea.

[saeed1977]

Hi,

My Tier 1 General Extension Application got refused and I have until 8th of Jan 2010 to Appeal.

Reasons for refusal and possible solutions i can think of:

1. Previous Earnings: Business Bank Account Statement was provided alongside Business Profit and Loss Account. Earnings in Profit and Loss account can not be corroborated with Business Bank Account Statement as it (the bank statement) only shows 'turnover' not the profit. So i need another document to support my profit and loss account. I can not use HMRC Self Assessment Statement because it covers from Apr To Apr and the period i am claiming points for runs from Nov 08 to Oct 09. The only thing i can think of is letter from an accountant. But i am not sure whether i can have an accountant when i am an accountant myself. I mean will it look reasonable that i do accounts for other people and my accounts are being done by some one else?

2. Maintenance: Balance of both of my bank accounts (Personal and Business) fell below the requirement for about 10 days. And the balance on my personal account statement fell below required amount about 3 times. HO said i can not use Business bank account statement as evidence of maintenance funds. I am a self employed sole trader and no one else has any thing to do with my business bank account.

I have been in this country for 8 years and have equity of around £40,000 in my house, if that has any meaning.

I don't mind hiring a solicitor to do it on my behalf.

Any advice and suggestions will be greatly appreciated.

[billa_sss]

As far as I know , You will be provided the reason for rejection. If the reason for rejection is fund maintenance you can provide the bank statements or otherwise appropriate document as request.

I agrees with crowbars and Push regarding the timeline and document to provide after refusal.

[vmyilsamy]

Hi Everyone,

Could any of you share your recent timelines with tier 1 general appeal?

Just curious to know how long it takes in 2010.

Thanks

[Frank_MK]

Hi

My appeal process timelines

1. HSMP Visa Extension applied - 17th July 2009
2. Visa rejected (missing bank statement) - 18th August 2009
3. Appeal allowed - 16th October 2009
4. Home Office letter - 15th January 2010
5. Awaiting visa stamping on passport -

If anyone knows how long it takes for visa stamping please post your reply.

Thanks

Frank

[geriatrix]

Hi

My appeal process timelines

1. HSMP Visa Extension applied - 17th July 2009
2. Visa rejected (missing bank statement) - 18th August 2009
3. Appeal allowed - 16th October 2009
4. Home Office letter - 15th January 2010
5. Awaiting visa stamping on passport -

If anyone knows how long it takes for visa stamping please post your reply.

Thanks

Frank

4-8 weeks.

regards

[vmyilsamy]

Frank,

Thanks a lot for the kind reply. Did you attend the hearing? How should I prepare myself for the hearing?

Thanks

[Frank_MK]

Hi

@ sushdmehta - Thanks

@ vmyilsamy - Yes I did attend the hearing and i did it on my own and my case was simple as my bank statements were missing but I had some help in framing the letters and documents from a solicitor.

If you have all the right documents that answers the reject reason rasied by HO then you have a strong case. I guess most of them go via solicitor as they prepare a strong case based on the HO criterias applying law and acts. I would say if you have any specific questions which you are not sure or doubtful about how to go you need to take help from solicitors or post in the immigration board someone will direct you.

My friend prepare as much as you can and fear not and show a positive approach.

Frank

[vmyilsamy]

Hi Frank,

That's really helpful. A friend of mine helped me to prepare the cover letter which explains very clearly about the grounds of appeal.

I'm doing it on my own as well. Mine is a straight forward case,

shortage funds - I'm showing my Indian bank account statement for that.

Hopefully everything should be ok...

Once again thanks a lot for the information.

[bhavikbuzz]

Hi,
I had applied for my HSMP extension and dependent application for my wife on 14th Jan 2010.
My wife is on student visa and her visa expires on 31st May 2010.
We thought that as i am applying for my extension we might as well add her name as dependent as her visa's were expiring soon.
Today i received the passports and I got the visa extended for 3 years
but they rejected my wife's dependent application.
They say that we do not meet the requirement at para 319c(h) of immigration rules as follows.

(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant.

The letter says that you are not entitled to appeal this decision as you still have right to stay here till 31st May 2010.

Can anyone please advise what this rule means and why the dependent application for my wife was rejected?

[tvn_ramesh]

Hi,
I had applied for my HSMP extension and dependent application for my wife on 14th Jan 2010.
My wife is on student visa and her visa expires on 31st May 2010.
We thought that as i am applying for my extension we might as well add her name as dependent as her visa's were expiring soon.
Today i received the passports and I got the visa extended for 3 years
but they rejected my wife's dependent application.
They say that we do not meet the requirement at para 319c(h) of immigration rules as follows.

(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant.

The letter says that you are not entitled to appeal this decision as you still have right to stay here till 31st May 2010.

Can anyone please advise what this rule means and why the dependent application for my wife was rejected?

Since when you applied for your HSMP extension to Tier1(G), your wife is on Student Visa; She can not apply to get Tier1(G) Dependent visa being on Student Visa..

she should be on the same type of visa when she applied along with you..

But since ur wife's student visa is valid till May 2010, she should move to her country of residence and apply for Tier1(G) Dependent Visa on or before her current Student visa expires;

Get back if u have any more queries..

[bhavikbuzz]

Thank you for answering. I should have added that, we came here separately. She came on student visa and I came on my student visa. We met here. I then applied for HSMP. Then we went home to get married. After that we came back here, and I applied for extension now.

So, I really don't understand how can she be on the same visa as me before?

It's almost impossible to go back for her to India now because of her studies (which will finish in June, 2010), so is there any way we can apply from here only?

Suppose if we have to go to India, any ideas about how long it takes in India? Though we would like to find a way of applying from here only.

We didn't included these details in the application this time, we only provided marriage certificate and proof of funds, joint account/council details etc., do you think writing a covering letter explaining the situation, or marriage photos/dvd makes application stronger?

Thank you!

Hi,
I had applied for my HSMP extension and dependent application for my wife on 14th Jan 2010.
My wife is on student visa and her visa expires on 31st May 2010.
We thought that as i am applying for my extension we might as well add her name as dependent as her visa's were expiring soon.
Today i received the passports and I got the visa extended for 3 years
but they rejected my wife's dependent application.
They say that we do not meet the requirement at para 319c(h) of immigration rules as follows.

(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-gender partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant.

The letter says that you are not entitled to appeal this decision as you still have right to stay here till 31st May 2010.

Can anyone please advise what this rule means and why the dependent application for my wife was rejected?

Since when you applied for your HSMP extension to Tier1(G), your wife is on Student Visa; She can not apply to get Tier1(G) Dependent visa being on Student Visa..

she should be on the same type of visa when she applied along with you..

But since ur wife's student visa is valid till May 2010, she should move to her country of residence and apply for Tier1(G) Dependent Visa on or before her current Student visa expires;

Get back if u have any more queries..

[tvn_ramesh]

Thank you for answering. I should have added that, we came here separately. She came on student visa and I came on my student visa. We met here. I then applied for HSMP. Then we went home to get married. After that we came back here, and I applied for extension now.

So, I really don't understand how can she be on the same visa as me before?

It's almost impossible to go back for her to India now because of her studies (which will finish in June, 2010), so is there any way we can apply from here only?

Suppose if we have to go to India, any ideas about how long it takes in India? Though we would like to find a way of applying from here only.

We didn't included these details in the application this time, we only provided marriage certificate and proof of funds, joint account/council details etc., do you think writing a covering letter explaining the situation, or marriage photos/dvd makes application stronger?

Thank you!

Initial Dependent Visa's should be applied from Country of Residence and go through the Entry Clearance Process.. so if you want her to join as your dependent she should apply from the country of residence..

regarding the timelines.. it has been found that if the case is staright forward.. Dependent visa is approved in around 10-12working days..

[goodssb]

Hi

My appeal process timelines

1. HSMP Visa Extension applied - 17th July 2009
2. Visa rejected (missing bank statement) - 18th August 2009
3. Appeal allowed - 16th October 2009
4. Home Office letter - 15th January 2010
5. Awaiting visa stamping on passport -

If anyone knows how long it takes for visa stamping please post your reply.

Thanks

Frank

Hi Frank

Did you really miss a bank statement, or you have provided, but they did not see it? Because per appeal rules, it seems you are not allowed to provide the missing bank statement if you have really missed it when you submit you application initially.

[Frank_MK]

Hi,

Good news I have receieved my passport 24th Feb 2010 and thank you all for the help and support.

@ goodssb - I was told in HO letter 2 bank statement were missing and its not matching the pay slip and so they had reduced my points. To my understanding i had kept all the bank statements but then I was doing it in a rush for some reason. During the appeal i had covered the missing and new savings account which is different from the earlier. Hope this not confusing.

Frank

[Frank_MK]

Hi bhavikbuzz

I agree with the abobe your wife have to go to country of residence to apply her dependent visa. And its normally 2 weeks to process dependent visa if you have all the right documents.

The other option is if you don't want to go to India and your wife is still studying she can extend her student visa if that is what you looking for !

Frank

[rmMN]

Hello Frank,

While your appeal was going on, were you able to work? If yes what document did you work with?

I need your advise as I have an appeal to file within a couple of days I will really like to work while the appeal is going on.

Based on your time frame it appears the process to the time you received your visa was almost four months(October 2009 - Feb 2010). Am I right?

I will be awaiting your answer. Thank you

Hi,

Good news I have receieved my passport 24th Feb 2010 and thank you all for the help and support.

@ goodssb - I was told in HO letter 2 bank statement were missing and its not matching the pay slip and so they had reduced my points. To my understanding i had kept all the bank statements but then I was doing it in a rush for some reason. During the appeal i had covered the missing and new savings account which is different from the earlier. Hope this not confusing.

Frank

[goodssb]

Hi,

Good news I have receieved my passport 24th Feb 2010 and thank you all for the help and support.

@ goodssb - I was told in HO letter 2 bank statement were missing and its not matching the pay slip and so they had reduced my points. To my understanding i had kept all the bank statements but then I was doing it in a rush for some reason. During the appeal i had covered the missing and new savings account which is different from the earlier. Hope this not confusing.

Frank

Hi Frank

Congradulations for your success. Just to confirm with you, you actually provided additional new evidence in your appeal and they considered the new evidence?

[vmyilsamy]

Hi,

I received the decesion letter on 6th of Mar 2010 and the judge had allowed my appeal. Great news.. thanks to all of you guys for the wonderful support.

I would like to know if any one received a letter recently from HO stating that send your passport for stamping... would be helpful to know how long it takes?

thanks in advance

[vmyilsamy]

Hi,

I received the decesion letter on 6th of Mar 2010 and the judge had allowed my appeal. Great news.. thanks to all of you guys for the wonderful support.

I would like to know if any one received a letter recently from HO stating that send your passport for stamping... would be helpful to know how long it takes?

thanks in advance