Hi everyone,
I hope you're all doing well, despite any visa problems you may be having.
I just wanted to write here my experiences switching to the Tier 2 application from a PSW.
On 7 January 2012, I submitted a Tier 2 application switching from a PSW visa. I had worked with my organisation since November 2011 so was well within the time frame under the old rules letting you switch without fulfilling the RLMT.
I was sent my biometrics enrolment invitation on 28 January, and went the same day to have them done a the post office. It wasn't until mid-February that the UKBA caseworker contacted my employer asking them to submit my job description to them. I had booked a holiday with my partner on 18 March, so when I hadn't heard anything from the UKBA on 8 March, I was getting concerned about my travel arrangements. I had my employer chase up the UKBA and they sent me my processed application on 12 March.
To my disappointment, my application was refused because my employer failed to issue me with the correct SOC code -they issued me with one that was completely not in matching my actual job description or salary - so it was refused based on not fulfilling the appropriate salary points. My employer had also issued another colleague of mine with the same SOC (his job and mine are the same salary) and his was accepted, yet mine rejected.
For anyone who may be going through this now, I can fully empathise. It's awful feeling like you have little to no agency in your own life or future when it all rests in other people's hands. I'm not sure the UKBA always realises that the papers they shuffle about are people's lives.
After reading this forum, I decided to submit an in-country out of time reapplication (my previous visa had expired). I had my employer issue me with a new SOC (this time I chose the code) and prepared a postal application. I also submitted an appeal so keep my status legal and able to work while I sorted out how I would do my reapplication. On 16 March, I had my postal application all set and my employer who was now seeking the advice from lawyers said to do an in-person application with them at the Solihull office. This appointment would be set for the WC 9 April.
Late afternoon on 3 April, my employer called me into an urgent meeting saying that the lawyers who I was meant to attend the appointment with had intelligence from the Solihull office saying that the office would turn away any non-straight forward cases. This was apparently due to the offices being really busy and also because the rules were changing on 6 April. My only option then was to submit a postal application before the rules changed on 6 April. I submitted an appeal withdrawal the morning of 4 April and then posted off my application to the UKBA straight after. I also had to leave work that same day as I was legally then not able to work once I had withdrawn my appeal.
In my reapplication, I had my employer submit a letter which essentially said that they messed up and that they were very sorry, explaining the situation. I also submitted a letter saying that the mistake was out of my control and that my whole life (career, relationship, support network) is in the UK and to please exercise discretion when processing my application.
During this time when waiting for my application to be processed, I got in contact with my MP's office explaining the situation and then I was following up with them about 3 times a week every week. Apparently the Home Office couldn't find my application for about the first 3 weeks. I wanted my application processed swiftly and quickly given the error on my employer's part and that I would not be working during this time. I also had a family member back home who was terminally ill (he's unfortunately since passed) and I wanted my application processed quickly within the service standards set out on the website (which from this board seem un-standard) in case I had to travel back urgently.
Luckily the persistence paid off and on 30 April, I received my biometrics invitation and had them submitted the same day. Then on 19 May, I received the package in the mail from the UKBA saying that my application was successful. I went back to work the following Monday.
I was off work for about 6 weeks while my second application was being processed and I am so incredibly thankful that it was processed quickly (well for UKBA terms).
I just wanted to write my story as throughout this entire period from January - May, I kind of relied on reading this forum to help give me some hope in what was a really frustrating situation. I am very lucky that my second application was successful and I urge anyone who is in the same position to not give up and try to appeal to the UKBA's human side because people do make mistakes. I also suggest getting in touch with your MP as they are a good link to the UKBA as I struggled in any other way to get a hold of them. I think my MP got a bit sick of me calling all the time but I do believe the chasing helped to get the UKBA moving on my case and not having me wait for months and months while my life sits on hold.
I would just like to thank everyone who's contributed to this forum, I really have found it very helpful and comforting to hear other people's experiences.
I hope my story's of some use to someone. This was my experience and I hope that it can help you with whatever you may be going though.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
