Refused Tier 1 for no Reason

[botalian]

Hi Guys

I need your advise and help. I applied for Tier1 in march and was refused

I claimed earnings from two employer.

From March to July Employer A
from Aug to March Employer B

i provided online pay slips from emplyer A along with P45 or P60 what ever it is, when you change your emplyer and bank statement to show income from employer A.

but was refused that we do not accept these pay slips. as for as my self is concern i provided two different sources to prove my earnings

1. bank statement
2. P45/P60 when you leave your employer , this document shows clearly my income for the period i claim.

another mistake from case worker. i claimed points for my studies as previous UK experience but in refusal letter he says that as you have been unable to claim points for your earning therefore, we are unable to provide you points for UK experience as previous earning.

but i provided letter from university and i clearly marked in the form that i want to claim points for studies not work experience.

as my other visa is still valid , i do not have right of appeal.

another bad luck is that as we can not call HO before 14 weeks. My application was posted on 15th April to my lawyer. but no body received it and they drop a card. some body else went and collected my whole application pack and they for no reason kept with them for almost three months.

i called HO office that i applied in March and whats the status of my application and they told me that they posted it on 15th april and then i called my lawyer, that HO is telling me that they have posted my application on 15th of april. i asked him where are my documents.

in my lawyer building there are no of other offices and next door collected and kept with them for no reason.

I got my documents yestedday on 09 July 2010.

Can you please advise me what action should i take against that person who kept my documents for that long.

and also regarding my HO decision is there any thing i can do or I have to apply fresh application.

if thats the case as rules are going to change on 19 July and now points that you have to score is 100. where we have to claim 5 more points, is that the income attribuate they will change or they will change some other attribuates as well.

any help, advice thanx

I am really in bad situation first becuase of case worker and now becuase of other person who kepy my documents.

thanx

[Vitavi]

Your story sounds dreadful. I still cannot believe it has happened.

What you can do now is:

1. Claim your money back from your lawer. This is because, firstly, he didn't prepare all the docs in according to the requirements of the HO, and secondly, because it was possible to interfere with their post by a third person. Even if your solicitor doesn't offer a 'no visa no fee' guarantee, you can still cliam your money back as there are clear failures from his part. You were not refused because you provided a false information, for example, but because the dicuments were not prepared in according to the requirements. Therefore, it' s his fault.

2. Go to other solicitors and speak to them as regards your case. It could be possible to apply directly to the High Court for a judicial review. This option is expensive, but it is the only option in your possession since you don't have the right of appeal. I know people who went through the process and won. However, they paid about £6,000 in fees in total and waited for about a year.

http://www.hmcourts-service.gov.uk/cms/1220.htm

Read information on this link and you will know more about it.


3. Reaply for Tier 1 if you can score enough points. If you apply before the 19th Jul, you need to score 95 pionts, but after - 100 points. These 5 extra points are sitting in the attributes section (age, education, past earnings, UK experience). Get a GOOOOOD solicitor this time round.


4. Complain to the body which regulates your current solicitor. This could be either Law Society or OISC. Because your representative failed to exercise his duty of care, skill and diligence, he may be liable to pay you a compensation and may also get reprimanded by his regulating society. And if you complain, your solicitor can potentially get into serious trouble. So, do it right now.

In any case, you have been very unfortunate. I wish you good luck and hope you sort out your problems.

[botalian]

Thanks for your response and advise. I will certainly take action becuase I can not compromise my identity.

one more question, my current visa is expiring sept 10, what will happen, if i submit Judicial review. ???

Please advise. I can not apply before 19th July becuase funds in my account has been less than for three months. now I can only apply after 18 august .

Thanks

[rizwan567]

In my humble opinion, you do not stand much chance. As you have not provided documents in line with Tier 1 guidance and notes. If your claim period is from 1 April - 30 March then probably you should go for judicial review because this way your P45 and P60 would corroborate with your bank statement. in any other claim period they would never. To show the corroboration add your 12 months net salaries for the claim period from yoru bank statements and if the total is exactly equal to the total of P45 and P60 then yes, you stand a chance else no chance.

UKBA sends application by first class signed for post. This is not tracked or recorded. So you never know where your delivery packet is. Yes this is a dilima that they charge so much for the application and send it back by normal post. This is not a mistake of your solicitor if your post is delivered to someone else. This is the mistake of post man who did not do his job properly and bad policy of UKBA who send application by only signed for delivery but not special delivery (even when there are passports in the packet)

In my opinon you can only sue your lawyer and royal mail. But there wont be any benefit out of it as compared to your time and money spent on the issue. And if you wish to sue the person who kept the post, its hard to prove that person kept your post as he will not admitt this in paper or in court. And you can not prove this. Alternatively he can also say I went on Holiday from the very next day so did not get a chance to deliver your documents. As he is not bound to deliver your packet as this is not his job but at the same time he should have never accepted it.

I have seen cases where postman just drops the UKBA packets from main doors (in the block of flats) even without taking signatures...So what can you say about this????????????????????????


Rules are changing from 19 July and new guidance is not out yet but probably 5 point increase would only be possible in income attribute.


This is also possible that your lawyer would have suggested you to bring signed and stamped online slips but you might have taken it easy or did not bother to do it. Please try to recall your memory and honestly confirm this.

[botalian]

Rizwan thanks for your response.

I am honest to my self and i won't get anthing lying here.

secondly i did asked my lawyer should i get a letter from my previous employer, he said no we have P45/60 which will reflect your pay against the online payslips. i claimed exact amount from previous emplyer that was on P45/P60.

my claim period was 6 April 2009 to 31 Mar 2010.

I left that employer on 07/08/2010 and thats the period i claimed for.

case worker did not give me points for my previous studies which i claimed for. in his decision he says that we are unable to award you points on basis of your previous earnings for your uk experience. which i never claimed for. I provided university letter to claim these 5 points.

Now regarding the post it was recorded becuase HO gave me the tracking no.

Which shows some body collected my pack on 19 April at 2.03 PM. there are signature as well. My lawyer found these documents from where i dont know becuase he is not telling me the truth.he is saying some body else collected in the building and kept with them.

my question is if some body else has collected, why they have opened the pack and if they have opened the pack why they have not sent back to HO or my details were there, why they have contacted me????

my whole pack was opened my lawyer told me when he collected from the person he kept with him for 3 months.

If i go for Judicial review, can I stay in UK becuase my visa is expiring in Sept 10 ???

Any comments

[Vitavi]

Call this people and ask them if you can stay legally in the UK during the judicial review process.

http://www.uk-visa-appeal.co.uk/news/in ... cy-change/

My own understanding is that it is not possible to stay in the UK during the judicial review, but your lawer can represent you in courts while you are outside the UK. If your case is successful, the judge will ask the HO to reconsider your whole application and issue you a visa.

Due to your expiry of visa you can request for a speedy consideration of your case by the High Court. They may be willing to do so in your circumstances. But you need to hire a GOOOOOOOOOOOOD solicitor.

[botalian]

Thanks for your help and support.

do you any good solicitor whom i can conatct and discuss with them???

Please respond thanks

[rizwan567]

Your case approval is dependent on you getting points for UK earnings not on Uk exp.

If you have not provided the documents in line with Tier 1 Guidance then there is no use of going to court as you will be wasting your time and money.

I need to know the below, please answer:

Your claim period is 6 April 2009 to 31 Mar 2010.

1. Check your P45 and P60 from both employers and write down the net earnings here.

2. Check your bank statement for your claim period and add your (claimed) net salaries and let me know your total net salary credits into your bank account for 12 months.


yes, thats true that you are not awarded points for Uk experience due to mistake of caseworker. But that will never lead to the approval of your case. You will only get the visa if you get points for earnings.. so there is no point in fighting on that issue.

You do not get your case strong just on this basis that you receive your documents late. Because late receipt of you documents does not affect your appeal rights (as you do not have any).. So what would had changed if you received your documents 2 months back? Please state clearly.

Rizwan thanks for your response.

my claim period was 6 April 2009 to 31 Mar 2010.

I left that employer on 07/08/2010 and thats the period i claimed for.

case worker did not give me points for my previous studies which i claimed for. in his decision he says that we are unable to award you points on basis of your previous earnings for your uk experience. which i never claimed for. I provided university letter to claim these 5 points.

Now regarding the post it was recorded becuase HO gave me the tracking no.

Which shows some body collected my pack on 19 April at 2.03 PM. there are signature as well. My lawyer found these documents from where i dont know becuase he is not telling me the truth.he is saying some body else collected in the building and kept with them.

my question is if some body else has collected, why they have opened the pack and if they have opened the pack why they have not sent back to HO or my details were there, why they have contacted me????

my whole pack was opened my lawyer told me when he collected from the person he kept with him for 3 months.

If i go for Judicial review, can I stay in UK becuase my visa is expiring in Sept 10 ???

Any comments

[botalian]

My income from Employer A whom Left was

£ 3801.28 ( I provide P45, Bank statement and Payslips that i receive online)

My P45 shows the same amount and last pay slip from employer A is same as above.

I gave my P45 to emploer B when I strated with them and they added my previous earnings when I got pay slip from them that was in August 2009.

My last pay slip from Employer B ending period March 2010

shows Gross 15396 including income from Emplyer A.

I claimed £5800 from my Self employment so total was

Previous earning Self + Emplyed = £21,196

I claimed points as follow

Age 20

Education 35 Master from UK

Previous Earning 15

UK Experience 5 for studies

English language and Maint 10 +10

I will give the exact wording of decision

You have claimed 60(I dont know why he has written 60 points, i claimed only 15 points) for previous earning under Appendix A of the immigration Rules.

He has accepted my self employement and income from employer B but not from A

Please advise.

[rizwan567]

I belive that UKBA has refused to accept your earnings from employment.

You still have not answered my question in full:

I asked in the last post:

2. Check your bank statement for your claim period and add your (claimed) net salaries and let me know your total net salary credits into your bank account for 12 months.

What is your net salary written on your P60?
What is the total of all net salaries credited into your account in the 12 months?

I will be in better positiong to advise you after receiving the answer of the above.

[botalian]

Salary 15396.66

Tax 1783.40

Credited in my account £ 13613.26

Self employment 6700 - Exp

Net 5800

[Vitavi]

Look, you hired a solicitor to submit your case and paid money for that. Your solicitor had to exercise his skill and care to prepare all your docs in according to the HO requirements. You don't know the immigration rules in depth, that is why you hired an outside expertise to help you out on this matter. Your solicitor has failed his duties and now you have to pay a price for it. Therefore, i would strongly advice you to claim a compensation from your solicitor to cover your future expenses. Your case wasn't really complicated at all, but that is rather your solicitor who was incompetent.

I will send you a private message with a good solicitor details. He tend to charge a lot for his services, but he never fails. So, call him on Monday, arrange for an appointment and instruct immediately. Also, try to negotiate the fee in the very beggining, because this solicitor knows you are desperate, so he will attempt to charge as much as possible. I know lots of people who were in really dreadful situations and he helped all of them.

There is no point in discussing your case on this forum in details, because you are in a very unusual situation and nobody knows how to help you. All you need now is a help of a professional. Take care.

[rizwan567]

Salary 15396.66

Tax 1783.40

Credited in my account £ 13613.26

Self employment 6700 - Exp

Net 5800

Your self employment earnings are never an issue.

It looks from your answer that clearly you provided two piece (P60 and personal bank statements) of evidence which are clearly corroborating with each other that is your net salaries going into yoru bank statement and your net earnings which can be calculated from you P60.

So in my opinion you stand a very good chance. And of course you wont have any problem in getting points for Uk experience as you claimed points for education.

You should seek further legal advice on this. And try to get the copy of your file (application form) from you current solicitor.

[botalian]

Got my visa last week but i have go now under new rules. can i still apply for JR for my previous application? please advise? is there any way to launch a complaint regarding previous application becuase that was refused without any valid reason. is there any way to get fee refunded? please advise