Waiting for Tier 1

[tier4totier1]

I had applied Tier 1 visa from UK in July'10 switching from student visa. I had showed my self employed earnings within last 12/15 months before coming to uk on student visa. Since then i hvnt heared anything from UKBA, neither they had contacted my client. Is there any maximum period they can hold my visa/passport with them ?

Till the time i dont receive my passport and visa i will be on Student visa here, can i work full time as my course is over now?

My wife joined me in uk on student spouse visa 3 months before, we havnt applied for her swithing visa along with my application. i am waiting for my decision before applying for her as well. Is that alright?

[gordon]

If I understand your situation correctly, you claimed earnings from a period preceding your full-time studies, and I infer that that same claimed earnings period did not fully fall into ca. April 09 - June 10 (the 15 months preceding your application).

Are you absolutely positive that you were allowed to claim earnings in this way ? I seem to think that the UKBA deleted the initial-application provision for full-time study in late 2009. Perhaps you can check the rules that were in place when you applied. If it turns out that you were not permitted to claim for earnings in a period earlier than the 12-15 months prior to July 2010, then I can't see that there would be any point for the caseworkers to contact your clients from that period.

There is no maximum period that they can hold the passport, or within which a decision must be issued.

As for your wife: I think you need to check her status. If you didn't include her as a dependent or otherwise arrange for her visa switch at the same time as you did yours, or at least before her dependent visa was due to expire, then I can't see logically how she could be covered by section 3c (ie, retain the legal status of the last visa whilst the application were under consideration, even past the putative expiry of the visa).

[bubin123]

You can formally complain to Home Office if your application is more than 14 weeks old. Check the UKBA website for contact details for the same.

[tier4totier1]

If I understand your situation correctly, you claimed earnings from a period preceding your full-time studies, and I infer that that same claimed earnings period did not fully fall into ca. April 09 - June 10 (the 15 months preceding your application).

Are you absolutely positive that you were allowed to claim earnings in this way ? I seem to think that the UKBA deleted the initial-application provision for full-time study in late 2009. Perhaps you can check the rules that were in place when you applied. If it turns out that you were not permitted to claim for earnings in a period earlier than the 12-15 months prior to July 2010, then I can't see that there would be any point for the caseworkers to contact your clients from that period.

There is no maximum period that they can hold the passport, or within which a decision must be issued.

As for your wife: I think you need to check her status. If you didn't include her as a dependent or otherwise arrange for her visa switch at the same time as you did yours, or at least before her dependent visa was due to expire, then I can't see logically how she could be covered by section 3c (ie, retain the legal status of the last visa whilst the application were under consideration, even past the putative expiry of the visa).

Many thanks for your comments. i had shown my earnings for period may 09 to jan 10 with sufficeint points. i came to uk @ end of jan 10. I think earning claim period is okay in this way. isnt it?

Still we have 3 months visa so thinking of waiting for next 2 months before either applying her visa as tier 1 dependent or sent her back to home country untill i get mine. I believe there is no legal problem in this.

[gordon]

Many thanks for your comments. i had shown my earnings for period may 09 to jan 10 with sufficeint points. i came to uk @ end of jan 10. I think earning claim period is okay in this way. isnt it?

Still we have 3 months visa so thinking of waiting for next 2 months before either applying her visa as tier 1 dependent or sent her back to home country untill i get mine. I believe there is no legal problem in this.

Then I don't see a problem, either in terms of earnings or in terms of your wife's visa. It wasn't clear whether your visa had since expired.

You should certainly follow up with the UKBA, especially now that you've finished your course. It's not clear what's caused the delay, but perhaps a quick search of the archive here might be helpful, if other people who studied at the same place have been having visa problems.

[tier4totier1]

Is anybody in forum has the letter format to write to UKBA asking the visa status ? Thx in advance.