help! How serious my problem is? updated, good news?

lostwordnow · Post by **lostwordnow** » Wed Mar 09, 2011 1:55 pm

Is that means I got my new visa approved?

BRP received takes two weeks and state my visa expired 2013. But my passport and all documents didn't receive yet.
Thanks to everyone who helped me!

..............................................................................................................

lostwordnow · Post by **lostwordnow** » Wed Mar 09, 2011 3:36 pm

Dose anyone have any advice please?

sanjeev.x.kumar · Post by **sanjeev.x.kumar** » Wed Mar 09, 2011 3:40 pm

your current visa will not be cancelled in any ways.

Also, did u claimed points only from salary or also from self employed earnings? If you have claimed even a small part of your earning from self employement, the application will be referred for further consideration.

lostwordnow · Post by **lostwordnow** » Wed Mar 09, 2011 3:44 pm

sanjeev.x.kumar: Thanks for your kind reply!

I didn't claim any earning from self employement.

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 6:52 am

Any suggestion please!

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 11:26 am

Post by **geriatrix** » Thu Mar 10, 2011 11:31 am

Please be patient. People will respond if and when they wish to.

regards

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 1:24 pm

sushdmehta wrote:Please be patient. People will respond if and when they wish to.

regards

Thanks Moderator! Sorry about inpatient.

hussainkothari · Post by **hussainkothari** » Thu Mar 10, 2011 2:24 pm

Hi,

Lets consider the worst case. In case the case worker decides to reject your application (this is the worst it can get).

In this case, your current visa would not be revoked. Hence you would have another chance to make a application. I believe you have 9 more months of leave to remain.

So what's the big fuss about?

-H

Post by **geriatrix** » Thu Mar 10, 2011 2:30 pm

Unless the caseworker accuses the applicant (OP) of making false representation! An "unintentional" mistake by OP may not be viewed as "unintentional" by UKBA caseworker.

My suggestion would be that the OP contacts UKBA at the earliest to enquire where and how he/she can send an amended application form, for the caseworker to consider. If possible, the OP should try if he can speak to the caseworker directly (if already assigned to the application).

IMHO ....

regards

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 2:40 pm

hussainkothari wrote:Hi,

Lets consider the worst case. In case the case worker decides to reject your application (this is the worst it can get).

In this case, your current visa would not be revoked. Hence you would have another chance to make a application. I believe you have 9 more months of leave to remain.

So what's the big fuss about?

-H

Thanks for your reply!

The concern for me is there is no other reason the caseworker can reject my application unless she consider I am lying. I met all points with very straight forward support documents.

Post by **geriatrix** » Thu Mar 10, 2011 2:43 pm

The question is - can anyone tell you for sure whether a caseworker will or will not accuse you of lying? No.

So should you make efforts to rectify a mistake - that you know you have made - before it is too late? Or should you sit back and hope for the best? Your decision.

regards

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 2:45 pm

sushdmehta wrote:Unless the caseworker accuses the applicant (OP) of making false representation! An "unintentional" mistake by OP may not be viewed as "unintentional" by UKBA caseworker.

My suggestion would be that the OP contacts UKBA at the earliest to enquire where and how he/she can send an amended application form, for the caseworker to consider. If possible, the OP should try if he can speak to the caseworker directly (if already assigned to the application).

IMHO ....

regards

Thanks Moderator! That's what I am worrying.

I submitted my application in PEO, so I have met the caseworker. I thought wherever I am working won't effect my application as long as I met the points. Should I withdraw my application right now?

Post by **geriatrix** » Thu Mar 10, 2011 2:50 pm

lostwordnow wrote:I submitted my application in PEO, so I have met the caseworker. I thought wherever I am working won't effect my application as long as I met the points. She think I am lying. I am not sure if the same caseworker will deal with my application in further consideration.

Like you, I guess no one knows.

lostwordnow wrote:Should I withdraw my application right now?

Again, your decision whether you want to make an effort if the error can be rectified by sending an amended application form (and how) or withdraw your application or do nothing.

regards

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 2:55 pm

Thanks again!

Do I need any reason to withdraw the application? Will any bad record be left on my future application? I am dying to do something to rectify my error.

I am about to receive a job offer that make my this application meaningless.

Post by **geriatrix** » Thu Mar 10, 2011 3:06 pm

lostwordnow wrote:Do I need any reason to withdraw the application? Will any bad record be left on my future application?

No and No.

But you'll not get the money back (fees).

Take a decision that is in the best of your interest and depending on your circumstances. Don't be in a haste to do something without giving due thought to the route you wish to choose.

regards

Post by **Greenie** » Thu Mar 10, 2011 3:55 pm

I am not sure I agree with the advice to fill in another application form with the correct information, that will just confuse matters.

If you want to try to rectify it/explain things to the caseworker then write a letter explaining why you put the information that you put (why did you?).

I also don't agree that withdrawing the application will not necessarily leave a bad record in terms of a future application. If the caseworker is of the view that you have made false representations, then this can be used against you in a future application (para 322(2) of the Immigration Rules), regardless of whether you subsequently withdrew the application in which you made false representations. There is also a risk that your current leave could be curtailed for the same reasons (para 323(i) of the Immigration Rules).

You won't be 'deported' (deportation relates to foreign nationals who have ben convicted of a criminal offence usually involving a sentence of at least one year). If your application is refused and your leave curtailed then you would have a right of appeal against this. If this were ultimately unsuccesful you would need to leave the UK and would be subject to a one year ban (320(7B of the Immigration Rules) if you left voluntarily and didn't overstay for more than 28 days.

In short I think you need to explain why you stated on the form that you were still in employment when you were not. Whether this is going to be used against you no one can say for sure but perhaps you should take things one step at a time and consider how to deal with that if it comes to it.

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 4:15 pm

Greenie, Thanks for your reply with such details.

I will try to contact the caseworker to explain.

blackthunder · Post by **blackthunder** » Thu Mar 10, 2011 7:15 pm

hey , u worry for nothing... if i were u i just do nothing and sit back relax...
when i applied my psw visa i did the same i.e filled the past employer in presenter employer coloumn and that to i made the application out of country and my student visa expired 5 months ago at that time..

and in your case case worker would not know unless u told them or contact ur employer..

just relax..relax.....think positively and every thing will go positive for you..just take my word...

themonsoonhunter · Post by **themonsoonhunter** » Thu Mar 10, 2011 7:48 pm

Can I ask which section you made mistake in? I can't see anywhere it is asking whether you are currently employed and give name of the current employer, however it askes where you worked while you are claiming your salary.

I think it is fairly ok as per me to apply while you are not working but still claim points if you have earned enough in last 15 months. Please correct me if I am wrong or not understanding the situation?

I am not sure if you put multiple employers and swaped ex with current, or you just termed the company you left in Nov as current ?

lostwordnow · Post by **lostwordnow** » Thu Mar 10, 2011 8:41 pm

themonsoonhunter wrote:Can I ask which section you made mistake in? I can't see anywhere it is asking whether you are currently employed and give name of the current employer, however it askes where you worked while you are claiming your salary.

I think it is fairly ok as per me to apply while you are not working but still claim points if you have earned enough in last 15 months. Please correct me if I am wrong or not understanding the situation?

I am not sure if you put multiple employers and swaped ex with current, or you just termed the company you left in Nov as current ?

In Section 2, there is box to fill your current position, which I filled with my postion before I left.

themonsoonhunter · Post by **themonsoonhunter** » Thu Mar 10, 2011 9:15 pm

I think that is perfectly fine as you are claiming your points as salaried. As per normal Tier 1 criteria there is no restriction in being in job, you either be employed or self-employed based on the salary points claim you are making. This is the place where you tell the caseworker that how your salary should be computed.

I have also applied recently and applied 10 days after I quit my last job. Actually I was in between jobs. I put all the details of my last job in the application form, I don't think I am lying or giving any wrong information. At that point in time I was not working but all my claims were for salaried and for the company I mentioned.

I think it should be fine. Not sure if Gurus defer.

lostwordnow · Post by **lostwordnow** » Fri Mar 18, 2011 1:46 pm

BRP received leave to remain valid until March 2013, but my passport and all documents didn't receive yet.

thanks!

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help! How serious my problem is? updated, good news?

help! How serious my problem is? updated, good news?