Tier 2 extension refused-Help for Appeal

[leonleo]

Hi,
My recent application for Tier 2 extension has been refused. I have been offered to appeal which I’m going to do within next 10 business days. Could I please ask for suggestions from the forum? My situation is explained below:

While I was a student I got into a fight and police was involved. At the end the court found me guilty and I had two convictions in January and April 2009.

I was granted a leave to remain as a Tier 2 (general migrant) with the same employer (sponsored) on August 2009 for the very first time. Until then I was in student visa extended 3 times since my entry. It is worth to mention while I applied for my Tier 2 I did mention about my criminal convictions.

I applied for my Tier 2 extension in 2011 along with my wife as a Tier 2 dependant and was granted further leave to remain until 29 July 2013.

Now I applied for further extension in July 2013 with my current employer as Tier 2 (general) migrant. Received the refusal letter yesterday (company HR received this) stating that I have convictions as a series of acts and Secretary of State has deemed that refusal is appropriate under paragraph 322(5) although I have been awarded sufficient points to be granted an extension for tier 2.
Any suggestion or guidance would be much appreciated.

Thanks

[manci]

322(5):
the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations
or the fact that he represents a threat to national security;

you should get professional help for completing the appeal form (solicitor or OISC) and to argue your case at the hearing.

If you submit the appeal in time your T2 leave will continue under section 3C and you can also continue working (but may need to convince your employer that this is allowed)

[leonleo]

hi Manci,
thanks for this.
I reviewed the section 322(5).

You also mentioned section 3(c) is it from 322 3(C)? I just download the section 322 from UKHO website. Can't seem to see 3(c).

[vinny]

Section 3C.

It seems inconsistent that your previous criminal convictions were acceptable for two prior extensions.

[manci]

It seems inconsistent that your previous criminal convictions were acceptable for two prior extensions.

In December 2012 changes were made to the refusal criteria for leave to remain applications.
pages 36-37:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

322(5) was present in 2009.

The current guidance seems to indicate that the refusal under 322(5) may be discretionary, subject to sentencing.

What were your sentences?

[leonleo]

thanks to all.
My sentence was financial penalty of £140 and unpaid work for 150+hrs.

[vinny]

Doesn't seem too serious and they were more than 2 years ago.

Perhaps you may argue in the appeal that discretion should have been used in your favor, especially in light of the previous two extension approvals.

[leonleo]

Vinny - that's what is giving me hope!

Got an appointment with a solicitor tomorrow. Lets see how it goes.

Thanks to all again. Please do make posts if you have anything more. The links above really helpful.

[leonleo]

In February 2013 I passed the life in the UK test and my wife as the test contents were about to change. Obviously this will automatically be flagged up in HO. So probably they just noticed that I am getting prepared to apply for ILR having the conviction record.

[leonleo]

hi,
I had my appeal hearing last week. Just got the result and it went in my favour. Judge was really pi..off with HO as they didn't have any explanation why my visa was refused as they granted my leave to remain in two occassions. Judge even ordered HO to pay me the appeal fees I paid.

Thanks a lot to everyone in this forum.

[onlooker]

Congratulations!