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Need to travel urgent- tier 1 extension under processing

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patoliyh
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Need to travel urgent- tier 1 extension under processing

Post by patoliyh » Fri Oct 05, 2012 4:43 pm

Hi All

Please suggest the best option for me here. Due to a sudden demise in family, i have to travel urgently to India but my tier 1 extension is under processing. My visa expired on 10th Oct 12 so i cannot withdraw application as it means i can not have my tier 1 extension ever then.

So only way i see is to request to expedite the application. I tried to get super premium appointment but earliest available appointment is 19 Nov 12.

Is there anyway you suggest so that i can expedite my application ?

Please give your inputs.

patoliyh
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hp

Post by patoliyh » Fri Oct 05, 2012 5:06 pm

Or anyone think that withdrawing application and trying for personal appointment is a better option ?

Considering my visa expires on 10 Oct 12, withdrawing application means i would be applying after expiry...is that possible ?

geriatrix
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Post by geriatrix » Fri Oct 05, 2012 5:09 pm

1. An out of time application may not be accepted at a PEO. So, check before you go down that route. And do note that in person application does not guarantee a same day decision.
2. One can make an out of time application but only within 28 days of becoming an overstayer.
Life isn't fair, but you can be!

patoliyh
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patoliyh

Post by patoliyh » Fri Oct 05, 2012 5:30 pm

i spoke to couple of solicitors - they say PEO appointment not possible with expired visa and withdrawing application takes a week atleast.

So expediting is the only option left

Anyone knows what to do to expedite.

geriatrix
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Post by geriatrix » Fri Oct 05, 2012 7:15 pm

1. Contact UKBA, explain to them your circumstances and that you wish to send a request for urgent treatment, and that you wish to know where and to whom to send such a request in writing.
2. Write a letter to explain the facts and request that the application be treated on priority. You will need to provide evidence of the compassionate grounds (e.g. - copy of death certificate).
3. Post the letter through special delivery.

Whether UKBA will entertain the request is up to them. And even if they indeed heed to your request be prepared that it may be a while before you get the approval, your passports and BRP back.
Life isn't fair, but you can be!

patoliyh
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patoliyh

Post by patoliyh » Sat Oct 06, 2012 10:23 am

Thanks sushdmehta. A solicitor advised to personally go to Sheffield office and request for same day processing and if not then request for processing on priority. I am likely to do so. Will carry supporting docs.

geriatrix
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Post by geriatrix » Mon Oct 08, 2012 2:09 pm

How do you know that your application is at Sheffield office ... and that too at the Sheffield PEO and not any other back-office location that UKBA has?

Anyhow, let us know if solicitor's advice helped.
Life isn't fair, but you can be!

tier-1
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Post by tier-1 » Mon Oct 08, 2012 2:20 pm

Hey, Look I had got mine expedited and the decision came within five days.

You need to get your case sent to UKBA via your MP. Thats what I did. Otherwise your request will get lost in tomes of letters UKBA receives everyday.


You will also need to obtain a photocopy of death registration or doctors certificate of death.

patoliyh
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patoliyh

Post by patoliyh » Mon Oct 08, 2012 6:46 pm

i browsed through posts on this site and found that additional documents are sent to Sheffield only and solicitor also told me the same and advised to go personally to Sheffield PEO instead of sending letter so i went there so it was a bit of gamble but i thought worth taking it.

I went to general enquiry counter at Sheffield PEO and gave letter along with supporting doc. After sometime, i was called by a senior officer (lady). She told me that they can expedite the case and will try their level best to give decision soon but i have to sign a form which says that if a decision can not be made by a date I want due to missing/ insufficient documents etc then i give consent to withdraw application on this date. So it was like decision or automatic withdraw by a date. She told me that my application will be taken on priority from today only and will now physically move from desks on priority basis instead of waiting for system to indicate to move. I found her words very re-assuring and sign the form. She was not willing to put date but said that, normally it should be done in two weeks. It could have been done much quicker had my biometric done. In the worst case, if they do not make decision by 19 Oct 12 then my application will be automatically withdrawn and i have to reapply. I was willing to take this risk.

patoliyh
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Post by patoliyh » Mon Oct 08, 2012 7:14 pm

Hi tier-1

Can you please give more details about what you did for expedite your case. I want to know what exactly your MP did. I got following reply upon dropping email to MP and i am going to speak them further on tomorrow so your inputs will help me pointing to them what they can do. I have already been to Sheffield PEO personally today and submitted request to expedite. Any recommendation from MP should make my case better so i want to try this route as well.

Response From MP -->


Dear Mr XXXX,

Your e-mail to XXXX was forwarded to me as I deal with his visa problems. I have tried to contact you but your phone is switched off. I am sorry to hear of your father's death.

I have just spoken to the UK Border Agency and they suggest that you contact the number that you spoke to regarding the premium service and ask them if it would help if you were to get a copy of your father's death certificate in getting an earlier appointment.

Please do not hesitate to contact me if I can help you at all.

Regards


tier-1 wrote:Hey, Look I had got mine expedited and the decision came within five days.

You need to get your case sent to UKBA via your MP. Thats what I did. Otherwise your request will get lost in tomes of letters UKBA receives everyday.


You will also need to obtain a photocopy of death registration or doctors certificate of death.
Last edited by patoliyh on Sun Dec 02, 2012 2:13 pm, edited 1 time in total.

geriatrix
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Post by geriatrix » Mon Oct 08, 2012 7:18 pm

Did they ask you to submit your biometrics at the Sheffield PEO?
Life isn't fair, but you can be!

patoliyh
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Hi

Post by patoliyh » Mon Oct 08, 2012 7:43 pm

No, i was told that the application has not reached that stage yet so i can not give biometrics on the spot.

sushdmehta wrote:Did they ask you to submit your biometrics at the Sheffield PEO?

patoliyh
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Post by patoliyh » Mon Oct 08, 2012 9:45 pm

I think i made a big blunder h.ere - i do not think one can work if one applies after expiry for tier -1 extension In my case, if my application is withdrawn in the event decision can not be made by 19 Oct 12 then i would be able to apply for extension but i do not think i can work. The re-apply after withdrawal would be considered as the first extension application after expiry as my visa expires on 10 oct 12 so i can not work as section 3c and 3d of immigration act 1971.

Can someone clarify this please.

Thanks
Haresh

geriatrix
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Post by geriatrix » Mon Oct 08, 2012 10:45 pm

Here are the implications for you if your application is not approved by 19-Oct (10 working days) and is deemed as withdrawn on 19-Oct-12 (thanks to the paper you signed):

1. Your ILR clock will reset, assuming settlement was an aim you were looking forward to.
2. You cannot travel because you will have no leave to return to UK on.
3. You cannot work from 19-Oct-12 until the date your new application is approved.
4. You must reapply before 16-Nov-12 with all the relevant and current documentary evidences.
Life isn't fair, but you can be!

patoliyh
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Post by patoliyh » Tue Oct 09, 2012 10:23 am

today i again went to sheffield peo and requested to withdraw the 'decision or expedite form" i submitted. They gave me this form back. Now i have asked local MP secretary to recommend my case to UKBA.

patoliyh
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hp

Post by patoliyh » Tue Oct 16, 2012 12:28 pm

My application has been approved. Today i got approval letter and documents. Biometric card is yet to be delievered. I recieved biometric letter on last thursday (11 Oct) and completed biometrics on the same day. Next day (12 Oct),i faxed UKBA request to expedite along with death certificate (Fax No 011 4207 2536).

Thanks everyone for your support and inputs.

tier1_PEO_applicant
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Post by tier1_PEO_applicant » Thu Oct 18, 2012 3:18 pm

Hi All,

I applied for extension of my Tier1 visa on 7th July and gave my biometrics on 19th July and it has been 3 months now that I've not receveid any communication. Looking at the processing timelines on UKBA website, it seems I may not receive any response until early next year.

The problem I face is that it is a sibling's wedding taking place, and considering the time it takes for visa processing we had scheduled it in mid-december.

Now that the visa or passport hasn't arrived, would providing the evidence for the wedding help expedite my application ??

Regards

tier-1
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Post by tier-1 » Sat Oct 20, 2012 11:06 pm

Wedding may not a good reason.

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