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Working Rights under Tier 1 Visa & MP help for delayed c

General UK immigration & work permits; don't post job search or family related topics!

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luca
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Joined: Sat Apr 14, 2012 10:19 am

Working Rights under Tier 1 Visa & MP help for delayed c

Post by luca » Sun Dec 02, 2012 11:39 am

I am currently in the UK on a Tier 1 (general) visa which expired in Oct 12. Following the rules I lodged a simple visa extension application. 9 weeks after my biometric appointment I still have not been told of a visa decision.

I am contracting with my current employer who knows the situation but am being made redundant from them & so my new employer who wants to hire me states when you change employer they cannot take on the risk of someone until a visa decision is made irrespective of any UKBA confirmation letter of visa application under review. My new employer’s decision is also contrary to the fact that the UKBA’s website states: If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

Has anyone been in this situation before and if so what have you done to get around this?

Speaking to a Home Office official I was told visa decisions can take up to 6 months, there is no tracking system in progress nor any status report update can be made on my application until after the expiration of 6 months. This is unacceptable and contrary to their service standards. A sympathetic Home Office official mentioned your local MP’s have access routes to the UK Border Agency that are not available to the public. Has anyone had any experience around this with a local MP (member of parliament) trying to get visa decision pushed through for extenuating circumstances such as the one I described above re employment offer? If so what is the score and what does one need to do and has anyone had any success with the MP route?

Any advice or tips would be grateful. Thanks

KayBernsL
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Posts: 9
Joined: Tue Dec 04, 2012 1:00 pm

Duration of Response

Post by KayBernsL » Tue Dec 04, 2012 1:06 pm

Yes the MP will have an adverse effect on your response times. After I made my application in Tier1 General on October 31st 2011, I did not receive a response until March 15th 2012. This gave me a waiting time of 18 months. Weiredly enough, I gained 18 months of no visa but in full work. but was worried all the time for the full period. My response was received immediately i invoked the MP. So go ahead and use your MP. They will surely help though they cannot have an effect on the outcome of your application. If your submissions were good, just keep your fingers crossed. Good Luck.

Regan0308
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Joined: Mon Dec 24, 2012 11:28 am

Post by Regan0308 » Mon Dec 24, 2012 11:37 am

Dear Luca
I am in similar position to you. On tier 1 and applied for extension. Employer terminated contract because I have not been uploaded onto system by employer check service ECS even though ukba has received my application. Now unable to work until ECS gives the okay.

Did you contact your MP ?

Would like to know outcome.

Regards
Regan

luca
Newly Registered
Posts: 10
Joined: Sat Apr 14, 2012 10:19 am

Post by luca » Sun Jan 06, 2013 1:03 pm

hi regan

yes i connected my MP and it worked. My visa was approved & all of my documents were returned within 2-3 weeks of making contact.

good luck

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