Success Story - Glasgow PEO 17/8/2012

[bigchemist]

Greetings all and I just wanted to share with you my experience, as help from this forum has assisted me in gaining the confidence into turning my nightmare into a happy ending !

let me briefly state my immigration history so you have a clear idea on the timeline

6/6/2002 Student Visa (Language Course) Granted for 6 Months,
13/7/2002 UK Entry at LHR
6/12/2002 Student Visa Extension (BSc Course) until 6/12/2003
31/10/2003 Student Visa Extension (PhD Course) Until 31/10.2007
24/8/2007 HSMP Application until 24/8/2009
19/8/2009 Tier 1 General Application sent
14/9/2009 Application Returned invalid due to missing Police Registration
5/10/2009 Application resubmitted with correct docs ( PBS applicants sending a fresh application within 28days of visa expiry are to be treated as normal)
30/10/2000 Tier 1 Application granted until 30/10/2012
6/12/2010 CoA application – Granted Jan 2011 – Answered NO to the question “Are you seeking settlement in the UK as a consequence of this marriage” and explained that I will qualify for both 10 year residency and HSMP / Tier 1 at around the same time
Married to my British wife Jul 2011 (we met in 2009)
5 Years HSMP / Tier 1 clock ends 27th Jul 2012 (28 days before) ..
Sometime in June 2012 I called the UKBA helpline to book an appointment and the only one available was in Glasgow on the 17th Aug (living in the midlands made this a pain… but from my 2009 experience, I did not want to let the application go by post) .. trying the online system a week later (which works now for 42 days in advance at 00:00:01 every night) found me an earlier and nearer appointment on the 14th Aug at Liverpool.

14/8/2012 PEO Liverpool Premium Appointment for SET O - No progression of application due to an overstay (?) in 2009

http://www.immigrationboards.com/viewtopic.php?t=110302



18/7/2012 PEO Glasgow Premium Appointment for SET O - Granted!


So, the argument that Liverpool gave me (and it was a surprise to me) that because my application was sent back to me as invalid, then 3C would not apply and my overstay was from the date that my visa expired (24/8/2009) until the day it was approved (30/10/2009) .. having been taken by surprise to this matter, I was not prepared.. neither had I understood my position in advance with regards to the overstay, nor had I taken with me the documents to prove that my application was 'in-time' and the delay was in processing.

Liverpool told me this makes my application not a 'straight forward' one, and therefore I need to apply by post. I tried to resist. but not being with the complete docs was not in my favour.. but I had a feeling that even though if had it, not much would be achieved. they claimed that they called another PEO to check what would they do in this case, and the answer was negative. So they sent me home.

Trying to get a quick answer to my issue, I got in touch with many immigration advisory services that want so much money to resolve this simple matter of misunderstanding (which is fair play), but I did think that taking this application up alone after understanding and reading here about overstayer status, I will be able to stand up to defend if and when I was confronted in Glasgow..

Nevertheless the consensus from all these immigration advisors that I spoke with was that the application will need to go by post and they will represent me :-s off-coarse this was hard for me, having invested a lot of time learning, preparing and understanding my application.. And especially that a few of the advisors did seem a little out of their know-how zone .. I will leave it here and I have no intention of slagging anyone on this forum.

The most significant point for me was to fight back their observation of over-stay if flagged


I did that 5hr train trip and arrived to the Glasgow PEO office t 11:30, whilst my appointment was at 13:00 .

I must say a big salut to all the guys and gals there, the are so nice and calm. They let me in, . the jolly reception ticket issuer explained to me that I am too early for my appointment and that closer to the time I will be given a queue number. Fear-not, at 12:55 I was given my ticket and the clock started

At 13:20 I was called to window 6, and the initial case worker greeted me and started to ask me for my reason for being here and what documents do I have. I started by handing over my passport. He looked me up on the system (this is where I braced myself as things got stuck in Liverpool last time) .. he carried on muttering: HSMP, Tier 1, CoA …

He said Right ok, so can I have your application form? .. I started to take it out of a pile of paperwork in a folder. He smiled and asked: is everything you need for this application is here... I said yes; he replied: pass it all though and I will take out what I need.
He explained that he will need 15-20min to go through my application and see that all is in order, and that I shall wait in the waiting area,

13:40 I was called to the window again and he has something for me to sign and he said that all is well.. and then next step is Biometric Enrolment. So I waited for 10 min and got called in.


There the usual routine was done (fingers thumbs & Mug-shots) .. The guy was super nice. He said that now the application will go to the caseworker and may take 1hr30min or more to process as they are a bit too busy on that day. I asked him how are things looking and when will they take payment. He replied that payment was already processed and successful and that it seems to him that I have gone this far, that its likely that all is well.


That spine chilling call to the window at 15:00 got even worse when SCW had my absences days sheet with her.. my understanding that insignificant leave can be ignored. Nevertheless over 5 years I have had my 25 day per year leave (125 days over 5 years) and the total with business trips hit 197 which she queried! .. she said that I have not provided evidence that I was on business (letter from employer) .. But it seemed that she wanted to exercise discretion to this matter (it probably being the only thing wrong with the application) .. so she started to clarify the destination of travel, and having spent most of my time in the EU, she decided to over-rule the 17 days extra and progress the application.

At 15:20 I was called again to the desk and she informed with the good news about the positive outcome of the application and she said that I now have an ILR and informed me of my new rights.


The two things I want to stress here are:
1- The Overstay is very subjective, it didn’t “disappear” but it seems to me that Glasgow CW were more flexible and realised that the reasons that I did overstay were due to a mess-up of coming and going ..

2- That letter from employer talking about business trip could have been needed.

I hope this quite long story helps someone like some other story helped me .. I was going to ditch my Glasgow appointment but thank God I didn’t and now I’m filling my AN Application! .. (married to BS and been in country past 3 years)


Let me know if you want to know anything else and I can try and help x

[brij4134]

Congrats to you.
Why you need to submit police registration. Are you from which country?
Brij

[ryan2020]

congrats dear....
sound like you were lucky on that day that every thing went smooth.

congrats again

[chrisonrails]

Greetings all and I just wanted to share with you my experience, as help from this forum has assisted me in gaining the confidence into turning my nightmare into a happy ending !

let me briefly state my immigration history so you have a clear idea on the timeline

6/6/2002 Student Visa (Language Course) Granted for 6 Months,
13/7/2002 UK Entry at LHR
6/12/2002 Student Visa Extension (BSc Course) until 6/12/2003
31/10/2003 Student Visa Extension (PhD Course) Until 31/10.2007
24/8/2007 HSMP Application until 24/8/2009
19/8/2009 Tier 1 General Application sent
14/9/2009 Application Returned invalid due to missing Police Registration
5/10/2009 Application resubmitted with correct docs ( PBS applicants sending a fresh application within 28days of visa expiry are to be treated as normal)
30/10/2000 Tier 1 Application granted until 30/10/2012
6/12/2010 CoA application – Granted Jan 2011 – Answered NO to the question “Are you seeking settlement in the UK as a consequence of this marriage” and explained that I will qualify for both 10 year residency and HSMP / Tier 1 at around the same time
Married to my British wife Jul 2011 (we met in 2009)
5 Years HSMP / Tier 1 clock ends 27th Jul 2012 (28 days before) ..
Sometime in June 2012 I called the UKBA helpline to book an appointment and the only one available was in Glasgow on the 17th Aug (living in the midlands made this a pain… but from my 2009 experience, I did not want to let the application go by post) .. trying the online system a week later (which works now for 42 days in advance at 00:00:01 every night) found me an earlier and nearer appointment on the 14th Aug at Liverpool.

14/8/2012 PEO Liverpool Premium Appointment for SET O - No progression of application due to an overstay (?) in 2009

http://www.immigrationboards.com/viewtopic.php?t=110302



18/7/2012 PEO Glasgow Premium Appointment for SET O - Granted!


So, the argument that Liverpool gave me (and it was a surprise to me) that because my application was sent back to me as invalid, then 3C would not apply and my overstay was from the date that my visa expired (24/8/2009) until the day it was approved (30/10/2009) .. having been taken by surprise to this matter, I was not prepared.. neither had I understood my position in advance with regards to the overstay, nor had I taken with me the documents to prove that my application was 'in-time' and the delay was in processing.

Liverpool told me this makes my application not a 'straight forward' one, and therefore I need to apply by post. I tried to resist. but not being with the complete docs was not in my favour.. but I had a feeling that even though if had it, not much would be achieved. they claimed that they called another PEO to check what would they do in this case, and the answer was negative. So they sent me home.

Trying to get a quick answer to my issue, I got in touch with many immigration advisory services that want so much money to resolve this simple matter of misunderstanding (which is fair play), but I did think that taking this application up alone after understanding and reading here about overstayer status, I will be able to stand up to defend if and when I was confronted in Glasgow..

Nevertheless the consensus from all these immigration advisors that I spoke with was that the application will need to go by post and they will represent me :-s off-coarse this was hard for me, having invested a lot of time learning, preparing and understanding my application.. And especially that a few of the advisors did seem a little out of their know-how zone .. I will leave it here and I have no intention of slagging anyone on this forum.

The most significant point for me was to fight back their observation of over-stay if flagged


I did that 5hr train trip and arrived to the Glasgow PEO office t 11:30, whilst my appointment was at 13:00 .

I must say a big salut to all the guys and gals there, the are so nice and calm. They let me in, . the jolly reception ticket issuer explained to me that I am too early for my appointment and that closer to the time I will be given a queue number. Fear-not, at 12:55 I was given my ticket and the clock started

At 13:20 I was called to window 6, and the initial case worker greeted me and started to ask me for my reason for being here and what documents do I have. I started by handing over my passport. He looked me up on the system (this is where I braced myself as things got stuck in Liverpool last time) .. he carried on muttering: HSMP, Tier 1, CoA …

He said Right ok, so can I have your application form? .. I started to take it out of a pile of paperwork in a folder. He smiled and asked: is everything you need for this application is here... I said yes; he replied: pass it all though and I will take out what I need.
He explained that he will need 15-20min to go through my application and see that all is in order, and that I shall wait in the waiting area,

13:40 I was called to the window again and he has something for me to sign and he said that all is well.. and then next step is Biometric Enrolment. So I waited for 10 min and got called in.


There the usual routine was done (fingers thumbs & Mug-shots) .. The guy was super nice. He said that now the application will go to the caseworker and may take 1hr30min or more to process as they are a bit too busy on that day. I asked him how are things looking and when will they take payment. He replied that payment was already processed and successful and that it seems to him that I have gone this far, that its likely that all is well.


That spine chilling call to the window at 15:00 got even worse when SCW had my absences days sheet with her.. my understanding that insignificant leave can be ignored. Nevertheless over 5 years I have had my 25 day per year leave (125 days over 5 years) and the total with business trips hit 197 which she queried! .. she said that I have not provided evidence that I was on business (letter from employer) .. But it seemed that she wanted to exercise discretion to this matter (it probably being the only thing wrong with the application) .. so she started to clarify the destination of travel, and having spent most of my time in the EU, she decided to over-rule the 17 days extra and progress the application.

At 15:20 I was called again to the desk and she informed with the good news about the positive outcome of the application and she said that I now have an ILR and informed me of my new rights.


The two things I want to stress here are:
1- The Overstay is very subjective, it didn’t “disappear” but it seems to me that Glasgow CW were more flexible and realised that the reasons that I did overstay were due to a mess-up of coming and going ..

2- That letter from employer talking about business trip could have been needed.

I hope this quite long story helps someone like some other story helped me .. I was going to ditch my Glasgow appointment but thank God I didn’t and now I’m filling my AN Application! .. (married to BS and been in country past 3 years)


Let me know if you want to know anything else and I can try and help x

Congrats !
I am in the similar situation, just wondering did you mention the "overstay" in your cover letter/application for Glasgow PEO ? And would you kindly provide your prepared explanation if you had been asked about this ?

Thanks a lots for your help and looking forward to your reply.

[mfreidin]

Congrats, bro!
Glasgow PEO rules.

[bigchemist]

Congrats to you.
Why you need to submit police registration. Are you from which country?
Brij

Back in 2002 (I am not sure if this is still the practice now) certain people from certain countries needed to register with the police by first going to an office in London - Borough and then this purple paper is given to you ..

This always was needed for any visa extension or address change ..

in my 2009, it said at the end (Tick Box) 'Police Registration if Applicable/available' and I misunderstood that as there was no other reference in the application for needing it. so I (stupidly) omitted it! ..

[bigchemist]

Congrats !
I am in the similar situation, just wondering did you mention the "overstay" in your cover letter/application for Glasgow PEO ? And would you kindly provide your prepared explanation if you had been asked about this ?

Thanks a lots for your help and looking forward to your reply.

I did not mention Overstay on the form. nevertheless I prepared the following text in preparation for my Glasgow visit carefully explaining what went on:

My Name is xxx and I am applying for an Indefinite Leave To Remain in the UK. My application is after 5 years of continuous residency under a Point Based System (Leave under Tier 1 (General) 3 years + HSMP, 2 years).
I enclose the following documentations for your consideration:
1) Duly completed SET O application form with payment by credit card
2) Current valid passport (expiry date: 09/07/2013 – page 3) and previous expired passport
3) Original certificate for awarded Doctor of Philosophy (PhD) degree as proof of qualification
4) Halifax Bank statements, pay-slips and a letter from my employer confirming my previous earnings covering 12 months from 25 August 2011 to 26 July 2012.
5) Police Registration Certificate
6) 2 recent photographs

Further to the above I seek to make the following representations in support of my application:
I was granted a residency permit under HSMP after a successful application in August 2007. The leave was issued from the 24th August 2007 to 24th August 2009.
I submitted a Tier 1 (general) extension application on the 17th August 2009, and I received an acknowledgement letter from the UKBA on the 19th August with the reference number: PBxxx1, indicating that my application was received (a copy of this letter is included as Appendix 1).
My application was returned to me with a cover letter dated on the 14th September 2009 (Ref Sxxx6; please find a copy of this letter included as Appendix 2). The application was returned to me because in error I did not enclose the Police Registration Certificate with the application.
Unfortunately, as my period of residency expired on the 24th August 2009 (whilst the original application was being processed by your team), I sought legal advice and my application was subsequently approved upon resubmission within the 28-day provision. This provision states that my application status remains as normal during the 28 days (‘people who apply within the 28 days of their leave expiring will be dealt with as normal under the points-based system’; please find a copy of the cover letter provided alongside my resubmission which provides details of this provision [Appendix 3]), thus my Tier 1 residency permit was granted until 30th October 2012.
As you will see from my application, I have accumulated the required points and conditions to satisfy this ‘SET O’ application and I respectfully request that you consider my application and exercise any discretion required when regarding the resubmission required during September 2009, as explained above. I understand that this small error (of non-inclusion of a document) should be presented with an opportunity to rectify (under the ‘evidential flexibility’ policy) before my in-time application was returned, nevertheless I was not given this option.

I would like to finish by restating that my intention has always been to settle in the UK. I have continuously worked as a specialist scientist with a UK-based company, and my life with my wife here in the UK is well established. I do sincerely hope that you grant me approval for this application in order for me to continue working and living in the UK.


Yours faithfully,

Remember, I did not have to use this and there was no mentioning of the Overstay in my second application whatsoever

[chrisonrails]

Congrats !
I am in the similar situation, just wondering did you mention the "overstay" in your cover letter/application for Glasgow PEO ? And would you kindly provide your prepared explanation if you had been asked about this ?

Thanks a lots for your help and looking forward to your reply.

I did not mention Overstay on the form. nevertheless I prepared the following text in preparation for my Glasgow visit carefully explaining what went on:

My Name is xxx and I am applying for an Indefinite Leave To Remain in the UK. My application is after 5 years of continuous residency under a Point Based System (Leave under Tier 1 (General) 3 years + HSMP, 2 years).
I enclose the following documentations for your consideration:
1) Duly completed SET O application form with payment by credit card
2) Current valid passport (expiry date: 09/07/2013 – page 3) and previous expired passport
3) Original certificate for awarded Doctor of Philosophy (PhD) degree as proof of qualification
4) Halifax Bank statements, pay-slips and a letter from my employer confirming my previous earnings covering 12 months from 25 August 2011 to 26 July 2012.
5) Police Registration Certificate
6) 2 recent photographs

Further to the above I seek to make the following representations in support of my application:
I was granted a residency permit under HSMP after a successful application in August 2007. The leave was issued from the 24th August 2007 to 24th August 2009.
I submitted a Tier 1 (general) extension application on the 17th August 2009, and I received an acknowledgement letter from the UKBA on the 19th August with the reference number: PBxxx1, indicating that my application was received (a copy of this letter is included as Appendix 1).
My application was returned to me with a cover letter dated on the 14th September 2009 (Ref Sxxx6; please find a copy of this letter included as Appendix 2). The application was returned to me because in error I did not enclose the Police Registration Certificate with the application.
Unfortunately, as my period of residency expired on the 24th August 2009 (whilst the original application was being processed by your team), I sought legal advice and my application was subsequently approved upon resubmission within the 28-day provision. This provision states that my application status remains as normal during the 28 days (‘people who apply within the 28 days of their leave expiring will be dealt with as normal under the points-based system’; please find a copy of the cover letter provided alongside my resubmission which provides details of this provision [Appendix 3]), thus my Tier 1 residency permit was granted until 30th October 2012.
As you will see from my application, I have accumulated the required points and conditions to satisfy this ‘SET O’ application and I respectfully request that you consider my application and exercise any discretion required when regarding the resubmission required during September 2009, as explained above. I understand that this small error (of non-inclusion of a document) should be presented with an opportunity to rectify (under the ‘evidential flexibility’ policy) before my in-time application was returned, nevertheless I was not given this option.

I would like to finish by restating that my intention has always been to settle in the UK. I have continuously worked as a specialist scientist with a UK-based company, and my life with my wife here in the UK is well established. I do sincerely hope that you grant me approval for this application in order for me to continue working and living in the UK.


Yours faithfully,

Remember, I did not have to use this and there was no mentioning of the Overstay in my second application whatsoever

Excellent! Thanks for the detail text! will have a similar kind by my side for tomorrow's PEO appointment if this is flagged up as an issue.

[chrisonrails]

bigchemist, can you kindly provide me the link of the 28 days provision letter you mentioned in your explanation ? much appreciated!

[rneeta]

Big chemist,

is it possible to keep two appointment at two different PEO for different dates? can you please tell us

Thanks
rneeta

[bigchemist]

Big chemist,

is it possible to keep two appointment at two different PEO for different dates? can you please tell us

Thanks
rneeta

Hi,

The two appointments i had were : one booked on the phone (which now seems to me that it was a cancellation, considering it was available relatively late after dates were made available) ... And the other i booked online. There is no link between these i guess. I am sure thoufh that if you do have an online booking, you can only change your exiating ine, rather than add a new one under the sa,e username

[bigchemist]

bigchemist, can you kindly provide me the link of the 28 days provision letter you mentioned in your explanation ? much appreciated!

http://www.publications.parliament.uk/p ... 7-0014.htm

[chrisonrails]

bigchemist, can you kindly provide me the link of the 28 days provision letter you mentioned in your explanation ? much appreciated!

http://www.publications.parliament.uk/p ... 7-0014.htm

Great! Thanks again, am going to PEO very soon, GOD bless me

[chrisonrails]

bigchemist, got my ILR approved in 90mins, no questions asked, very smooth, thx for your help.

[bigchemist]

bigchemist, got my ILR approved in 90mins, no questions asked, very smooth, thx for your help.

Congratulations!!!

[bigchemist]

bigchemist, can you kindly provide me the link of the 28 days provision letter you mentioned in your explanation ? much appreciated!

http://www.publications.parliament.uk/p ... 7-0014.htm