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IN NEED OF ADVICE TIER 1

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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Jesusplease
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Posts: 5
Joined: Fri Mar 26, 2010 6:48 pm

IN NEED OF ADVICE TIER 1

Post by Jesusplease » Fri Mar 26, 2010 6:57 pm

I was a doctor working in the UK and stupidly oblivious of the new HSMP changes. So had applied for an extension, intially with the wrong form the FLR(HSMP), asked for it to get resent and reapplied with the correct form which was send 4 days after my leave to remain had expired. My extension was refused on the grounds of insufficient maintence funds, and insufficient proof of previous earnings. So i voluntarily returned home, given that it took the office 4 weeks to locate my passport and return it to me. I had them document that.
I am now keen to reapply - but i am nervous as to how or whether i will be labeled as overstay. The local enforcement office seemed to think i would be ok reapplying, but i dont trust them either cause they were a bit nonchalant about my situation.
Any advice please

vks
Senior Member
Posts: 766
Joined: Mon Feb 23, 2009 6:56 am

Re: IN NEED OF ADVICE TIER 1

Post by vks » Fri Mar 26, 2010 8:41 pm

Jesusplease wrote:I was a doctor working in the UK and stupidly oblivious of the new HSMP changes. So had applied for an extension, intially with the wrong form the FLR(HSMP), asked for it to get resent and reapplied with the correct form which was send 4 days after my leave to remain had expired. My extension was refused on the grounds of insufficient maintence funds, and insufficient proof of previous earnings. So i voluntarily returned home, given that it took the office 4 weeks to locate my passport and return it to me. I had them document that.
I am now keen to reapply - but i am nervous as to how or whether i will be labeled as overstay. The local enforcement office seemed to think i would be ok reapplying, but i dont trust them either cause they were a bit nonchalant about my situation.
Any advice please
The reason that you returned voluntarily was that your leave was expired and the visa was rejected for so and so reason. So from your home country, you are eligible for applying a new Visa. I am not sure, if a doctor can apply for Tier 1. A doctor in training can't apply for sure!
Regards,
vks

Jesusplease
Newly Registered
Posts: 5
Joined: Fri Mar 26, 2010 6:48 pm

Post by Jesusplease » Sat Mar 27, 2010 11:07 am

hey vaks - just worried cause after using the correct form, i resent my application a few days after my leave to remain expired. So will try to reapply from outside the UK. I had asked my case worker if there would be any problems reapplying and he said to check with the local enforcement agency - who said that they did not see any problems with my reapplying and there was no overstay recorded on their records. Just want to be thorough this time around. Any advice would be appreciated

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Re: IN NEED OF ADVICE TIER 1

Post by Sushil-ACCA » Sat Mar 27, 2010 5:26 pm

Jesusplease wrote:I was a doctor working in the UK and stupidly oblivious of the new HSMP changes. So had applied for an extension, intially with the wrong form the FLR(HSMP), asked for it to get resent and reapplied with the correct form which was send 4 days after my leave to remain had expired. My extension was refused on the grounds of insufficient maintence funds, and insufficient proof of previous earnings. So i voluntarily returned home, given that it took the office 4 weeks to locate my passport and return it to me. I had them document that.
I am now keen to reapply - but i am nervous as to how or whether i will be labeled as overstay. The local enforcement office seemed to think i would be ok reapplying, but i dont trust them either cause they were a bit nonchalant about my situation.
Any advice please

if you left with 28 days than u should be fine

tipu20
Member
Posts: 178
Joined: Fri Sep 28, 2007 10:52 am

Post by tipu20 » Sat Mar 27, 2010 6:10 pm

if you have valid reason and becaue of which you overstay it might not impact your Tier 1 application but if you don't declare it then ECO can put a ban on you upto 10 years for future applications.

So if you left in 28 days you should be ok , but if you stayed long you can obtain the letter from your office on passport or write in cover letter reason for overstay.

You need to be honest

Jesusplease
Newly Registered
Posts: 5
Joined: Fri Mar 26, 2010 6:48 pm

Post by Jesusplease » Sat Mar 27, 2010 7:48 pm

this is where i am worried, work permit expired 10 october, had initially applied to extend before but on the wrong form, so resent on the 14 of october. Received rejection letter of the 16 december (letter was dated 15 december. Now the local enforcement said it was because of the christmas and new year, there were postal delays so they received my paperwork and passport on the 16th of january and i left on the 19th. The local enforcement agency keep insisting that it is okay and that it was not my fault and that i did everything by the book. They also insist that there is nothing on my record stating that i cannot reapply. Dunno if i should trust them or not

Jesusplease
Newly Registered
Posts: 5
Joined: Fri Mar 26, 2010 6:48 pm

Post by Jesusplease » Sat Mar 27, 2010 7:52 pm

But like it was mentioned above i should probably state that in the cover letter and supply the local enforcement office's number in my application for confirmation

vks
Senior Member
Posts: 766
Joined: Mon Feb 23, 2009 6:56 am

Post by vks » Sat Mar 27, 2010 7:55 pm

Jesusplease wrote:this is where i am worried, work permit expired 10 october, had initially applied to extend before but on the wrong form, so resent on the 14 of october. Received rejection letter of the 16 december (letter was dated 15 december. Now the local enforcement said it was because of the christmas and new year, there were postal delays so they received my paperwork and passport on the 16th of january and i left on the 19th. The local enforcement agency keep insisting that it is okay and that it was not my fault and that i did everything by the book. They also insist that there is nothing on my record stating that i cannot reapply. Dunno if i should trust them or not
You have no choice. Don't you?
You have to trust some one. That some one can be in the order of precedence (my own)

1. UKBA
2. Some one who has knowledge about immigration (consultants?)
3. This forum, who may have some ideas

I know it is philosophical! But go ahead and write a good covering letter explaining your worries and the justification in it. Good luck.
Regards,
vks

Jesusplease
Newly Registered
Posts: 5
Joined: Fri Mar 26, 2010 6:48 pm

Post by Jesusplease » Thu Jul 01, 2010 2:20 am

Just wanted to say that i got my permit back!!!!!!!!!!!!!!!!!

So excited, they had initially restricted it to "cant work as a doctor in training" But as i went to medical school in the UK, they re-stamped the visa without the restriction.
So grateful for your advice. God bless you guys

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