This is what happenned to me -
1. I was on a work permit and my visa was due for renewal on 31st Dec 2006.
2. My company filed a WP1X application online around 5th Dec 2006. I suggested to them that FLR is also required. But my senior in the company thought we have to file FLR only after WPX was approved.
3. Despite my request atleast 4 times, my FLR was not filed. My company said that the home office case worker told him that until WP is approved, not to send FLR. They also said it was ok to continue working until a decision is made.
4. 31st Dec 2006 passed. I continued to work based on my comapny's assurance.
5. Since I was qualifying for HSMP, I wrote to the home office to check if it was ok to submit a HSMP application when WP1X was in process. They confirmed that I can make an initial application.
6. I got in touch with an immigration consultant to make a fool proof HSMP application. After hearing my FLR story, she suggested we file for a FLR(HSMP) immed alongwith HSMP appln. She collected all documentation. She said P60 was not required as it covered only 3 months. HSMP alongwith FLR was submitted on 23rd Jan 2007.
7. On 26th Jan, my company received a letter from WP team saying that it
was rejected because my company could not prove it was also offering services apart from personnel. 28 days were given for appeal.
8. My company did nothing about the appeal. I was asked to stop work by the client from 26th Jan. So I stopped.
9. Meanwhile, my HSMP was rejected on 13th Feb for want of P60 and bcoz they were unable to verify earnings for 6 months. Salaries for these months were paid by chq and hence company name was not printed on the bank statements. For some reason, they ignored the income statement on company letter head which said I earned xxxxx during the last 12 months.
10. On 16th Feb, the FLR team sent a rejection letter. The reasons for rejection (a) HSMP failure (b) My visa expired on 31st Dec 2006 and my application was submitted on 29th Jan 2007 and hence I'm not supposed to have stayed here. They have mentioned 'No right to appeal'. They have also sent my passports to an enforcement team. I dont know what happens here.
Sorry about the long story, but it's a complicated situation.
I need some advice in this situation becuase all this has happenned for no fault of mine. It's simply bad time. Added to this, I have also bought a flat. The completion happenned in Jan 2007.
Can you guys help me with some ideas ? Is there an option to appeal in my situation, since I now own a flat and have to pay mortgage as well. If yes, who is the right authority to contact?
Your advice will be much appreciated.
1. Would like to know, if there is an option to appeal this decision thru a solicitor
2. Is it better to leave the country and come back ? Do you foresee any issue with EC ? I have all communication related to my case above ? Do you suggest I use them during EC assuming my HSMP will come thru ?
Thanks for your time.
Regards
Rajeev
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