tier 1 refusal plz give me some advice

[rumiz]

hi ,
i am thankful to people who have been helping each other by giving advice and information. also hope i could get piece of advice regarding my visa refusal.

i got my my tier 1 general refusal last week with no appeal right as my tier 1 (psw) would expire on august. reason for refusal was one missing pay slip. i have spoken to a solicitor and forwarded a pre- action protocol letter along with the missing payslip. i would go for judicial review if the result comes negative once again. i am really not sure how long would it take to come get a clear decision from home office . in this circumstance could any one ans my following question:
1) can my wife apply as tire 1 dependent ?( she has come to uk just few weeks before )
2) what should i do if i dont get any decision before my visa expire?

[Celtic]

Did you actually submit all the payslips?

[tier1_applicant]

Just in case you are not aware of submission of new evidence after refusal:

http://www.ukba.homeoffice.gov.uk/sitec ... w-evidence

[rumiz]

i have sent the payslip already .

[geriatrix]

1. No.
2. Leave UK or apply for leave to remain in an immigration category that you qualify for.

[Celtic]

Ok, in that case you are out of luck.

How do you think your wife can apply as tier 1 dependant when you are not tier 1 general holder yourself.

And as per new rules, you cant submit new evidance. It doesnt even matter as you don't have the right to appeal anyway.

[ddb]

i got my my tier 1 general refusal last week with no appeal right as my tier 1 (psw) would expire on august. reason for refusal was one missing pay slip. i have spoken to a solicitor and forwarded a pre- action protocol letter along with the missing payslip.

As your psw would be expiring in Aug, I think your solicitor should have just advised you to make a fresh application in another category (if you still meet the requirements) before your visa expires.

[rumiz]

thanks everybody for ur all information.
but i have a question . if i dont get any decision from home office after expiring my existing visa( psw, august 11) , or while judicial review on process and my visa is expired. in that scenario
what would my dependent do? leave uk?(i.e. as i mentioned before i didnt apply for her along with my tier 1 application)

all of u r advice wud be appreciated

[geriatrix]

Pre-action protocol or a request for reconsideration will not make your (and your dependants') stay legal after expiry of your current leave.

If your application was refused for not submitting documentary evidence(s) to support your claims (e.g. - of earnings), not sure how and why your solicitor advised you that a threat of JR may force UKBA to reverse their decision. AIUI, if you missed submitting a payslip that you should have then the mistake is yours .... not UKBA's!

[rumiz]

thanks