Archived UK Tier 1 (General) points system forum. This route no longer exists.
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Hope1
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by Hope1 » Wed Mar 24, 2010 6:23 pm
Hi all,
first of all I would like to say thank you to all the peoples who create this board and are helping the peoples.
I also need your advice in my problem as well.
I applied for tier 1 gen from igs and it was refused and ban me under para 322/320 (deception).home office accused me to submitt false documents.no right of appeal because I still had LTR under igs that time.
All my papers were genuine so I got fresh documents and requested them for a review .but again refused by h.o that there is no admin review for in country applications.
I took another chance and applied for psw because my igs was expiring.
Home office again refused under para322/320 because my previous tier 1 gen app was refused due to deception clause.
They give me appeal right and I went my self to court and with grace of GOD I won my appeal and also I have prove in court that the papers I submitted with my previous tier 1 gen application were NOT FALSE.got psw stamped in Jan .
Because h.O refuse my tier1 gen app incorrectly so I hired a barrister who wrote a letter to home office and ask them to change that decision.because I hv prove in my psw appeal that all my papers were not false.We are threatning to take them in high court in judicial review if they are not changing their wrong decision.
We sent the letter in end feb and got acknoweldgement in first week of march that we have got yr letter and it have been forwarded to the apropriate section for their response .
It's 3 weeks now from the date we got their acknoweldgement .but after that there is no reply till now.
My barrister is asking me for more wait.He is very positive about my case and he think I hv a good chance.
What should I do now, plz guide me ,
wait more as barrister is saying .....
Or
what else I can do in this matter.
In which standered time home office is replying these kind of letters.
Any help will be greatly appreciated.
Thanks
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kiranchinnu
- Member of Standing
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- Joined: Thu Jan 14, 2010 2:47 pm
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by kiranchinnu » Wed Mar 24, 2010 6:38 pm
Hope1 wrote:Hi all,
first of all I would like to say thank you to all the peoples who create this board and are helping the peoples.
I also need your advice in my problem as well.
I applied for tier 1 gen from igs and it was refused and ban me under para 322/320 (deception).home office accused me to submitt false documents.no right of appeal because I still had LTR under igs that time.
All my papers were genuine so I got fresh documents and requested them for a review .but again refused by h.o that there is no admin review for in country applications.
I took another chance and applied for psw because my igs was expiring.
Home office again refused under para322/320 because my previous tier 1 gen app was refused due to deception clause.
They give me appeal right and I went my self to court and with grace of GOD I won my appeal and also I have prove in court that the papers I submitted with my previous tier 1 gen application were NOT FALSE.got psw stamped in Jan .
Because h.O refuse my tier1 gen app incorrectly so I hired a barrister who wrote a letter to home office and ask them to change that decision.because I hv prove in my psw appeal that all my papers were not false.We are threatning to take them in high court in judicial review if they are not changing their wrong decision.
We sent the letter in end feb and got acknoweldgement in first week of march that we have got yr letter and it have been forwarded to the apropriate section for their response .
It's 3 weeks now from the date we got their acknoweldgement .but after that there is no reply till now.
My barrister is asking me for more wait.He is very positive about my case and he think I hv a good chance.
What should I do now, plz guide me ,
wait more as barrister is saying .....
Or
what else I can do in this matter.
In which standered time home office is replying these kind of letters.
Any help will be greatly appreciated.
Thanks
Personally as its only 3weeks I would go with your barrister .
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mochyn
- Diamond Member
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by mochyn » Wed Mar 24, 2010 6:58 pm
Where did you find your barrister that you hired?
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Wanderer
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by Wanderer » Wed Mar 24, 2010 7:20 pm
All my papers were genuine so I got fresh documents and requested them for a review .but again refused by h.o that there is no admin review for in country applications.
If ur papers were genuine why get 'fresh' ones?
An chéad stad eile Stáisiún Uí Chonghaile....
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Hope1
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- Joined: Wed Mar 24, 2010 12:55 pm
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by Hope1 » Wed Mar 24, 2010 7:53 pm
Hi ,
thanks for your response,
I had claimed points for my previous earnings from back home.home office called my previous employer for verification. A new employ of the company who started after me (because I leave the company before 3 years and came to uk for study)he did not know that I was employed there. So he told home office that I never worked there.and home office thaught that my papers are false and refuse me under320/322.And they did not return my employment papers back to me.
(Fresh evedence)So I took my earnings paper again from my company and a explaination letter from the guy who gave them wrong information that he did not know the fact that I was employed there before 3 years .
The judge in my hearing accepted that the papers I submitted with my tier 1 gen app were NOT FALSE. And Also he said that home office was wrong to refuse my tier 1 gen application as well as my review request.
The barrister is from a good London based law firm.
Can you please give me ideas , what to do now
thanks
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PaperPusher
- Respected Guru
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- Location: London
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by PaperPusher » Wed Mar 24, 2010 8:22 pm
Listen to your barrister! It has not been that long.
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Hope1
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by Hope1 » Thu Mar 25, 2010 1:28 am
hi,
can I contact my local MP regarding this.He may able to help me.
thanks
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confusedhsmp
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by confusedhsmp » Thu Mar 25, 2010 11:05 am
the HO only acknowledges JR proceedings within three weeks. Thats just the start. YOur case will then be reviewed. IF they dont change their mind, then the proceedings will initiate. High court Judge will look in to all arguments. and hopefully you should win then. if the HO appeals or the High court judge refuses, the matter goes for oral hearing. you then have another chance.
It can be quite a daunting process. but carry on! you will get it.
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Hope1
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by Hope1 » Thu Mar 25, 2010 12:40 pm
Hi Confusedhsmp,
Thanks a lot for your reply,
Can you please tell me how much long it can be. if home office don,t change their mind in the first instance.
Its very hard to waiting.
We got acknowledgement on 4 march from home office that we have received your letter and it have been forwarded to appropriate section for their response.
after that nothing till now.
thanks again
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Hope1
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by Hope1 » Thu Mar 25, 2010 7:00 pm
Hi moderators,
please share your views
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vks
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by vks » Thu Mar 25, 2010 7:23 pm
We aim to give a full response within 20 working days. If your complaint alleges serious professional misconduct by our staff or people working for us, it may take up to 12 weeks to carry out a detailed, independent investigation. We may contact you during an investigation for further information.
How we will deal with your complaint
Regards,
vks
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Hope1
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by Hope1 » Thu Mar 25, 2010 10:20 pm
Thanks VKS,
I will keep waiting and will update this thread once I receive any information.
thanks
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Hope1
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by Hope1 » Wed Apr 07, 2010 4:39 pm
Hi,
no reply yet from home office.
Any advice guys
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crowbar6
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by crowbar6 » Wed Apr 07, 2010 5:41 pm
Hope1 wrote:Hi,
no reply yet from home office.
Any advice guys
Suggest you ask your Solicitor to take up the matter with HO. Please bear in mind that judicial proceedings/cases take a very long time to proceed ahead.
Regards,
crowbar6
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Hope1
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by Hope1 » Wed Apr 07, 2010 10:31 pm
Thanks crowbar for the reply,
I have asked my lawyer many times about it. He is saying that home office usually replying these types of letters in upto 13 weeks times and as it's only 5/6 weeks since we sent them letter so we should wait for their reply.
But I don't want to waste any more times.can any body give me any idea , how to speed up the things.
I have already write a letter to my MP about it before 2 weeks and also I am waiting for his reply.
Any thing else I can do?
Thanks
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Hope1
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by Hope1 » Thu Apr 22, 2010 12:55 pm
Hi Friends
No reply from home office yet to my letter.My local MP have also write to home office about this before 2 weeks.
.Solicitor is saying that he will send a reminder letter in next week.He is saying after reminder we will wait for another 3/4 week and if still no reply than we will start judicial review process.
don,t know Y home office is taking too long to reply a letter.
Any ideas guys.....
thanks
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Sushil-ACCA
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by Sushil-ACCA » Thu Apr 22, 2010 7:13 pm
Hope1 wrote:Hi Friends
No reply from home office yet to my letter.My local MP have also write to home office about this before 2 weeks.
.Solicitor is saying that he will send a reminder letter in next week.He is saying after reminder we will wait for another 3/4 week and if still no reply than we will start judicial review process.
don,t know Y home office is taking too long to reply a letter.
Any ideas guys.....
thanks
once u won a case doent gurantee that u will in high court and if u lost u will have to pay all cost so find other way to sort it out
HO representative r though in court last time u won this time they call or follow yr home country to prove u wrong
dont take HO easy , by chance yr previous employer has closed his shop or unable to confirm , or ho got any excuse , u will be in trouble
all the best
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Hope1
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by Hope1 » Thu Apr 22, 2010 8:39 pm
Don,t worry Sushil ,
we are fully prepared and ready. My case is genuine and also my employer will always be there to help me if they contact them in my home country now.so there is no need to worry.
Any way thanks for your advice