Rejected due to not scoring maintenance - URGENT!

[tavish911]

Hi

This website has helped me immensely in compiling my application and I hope you guys will do the same now that I need it the most! This is aggravating to say the least!!

Two months after my Tier 2 application, I received a letter saying that I have not received the maintenance points.

I had ticked the box saying that employer is ready to guarantee funds if needed in the first 30 days.

I had emailed employer beforehand that this section needs to be ticked when issuing certificate.

I will discuss with HR tomorrow, but I need to know EVERYTHING there is to know regarding the best way forward.

Also, the appeal form asks me to choose between papers' or 'oral'.

My three main questions at this point are :

1. How do I prove that the company intended to cover the maintenance points?

2. What method of appeal do I choose?

3. Where the hell is my passport? Do I expect it by post or do they keep it for the appeal?

Thanks for all your help

[manci]

1
the first thing to check is whether the sponsor ticked the maintenance box or not. Ask them for a printout of the CoS and check yourself.
2
are you still within the time allowed for submitting an appeal?
3
An alternative to appealing is a re-application with a new CoS. This has to be done within 28 days of the refusal and you could choose the premium or priority service route to speed things up (see point 4 below)
4
If you don't appeal you are not allowed to work until you get T2 leave.

[tavish911]

1
I will check tomorrow and confirm back
2
I only received the letter 30 min back. It says I have ten days to appeal
3
What are the advantages of this new application? I am not sure how many CoS the company has
4
I understand that, I fully intend to appeal

Thank you for the quick reply Manci!

How does it work with the documents? If I appeal, will they still have my documents?

[tavish911]

Updates: (Please advise soon as what I do in the next few days wil laffect my entire life!)

1. The HR lady with access to the Sponsor system was not in today and will be on Monday. No one else had access so confirmation of what they did and did not tick will be on Monday

2. I called up the UKBA helpline and the guy said I cannot apply for the premium service as my current visa is not valid and I am on my overstay period. He said I can apply by post and not work till the application is concluded. IS THIS TRUE? I was hoping to do a premium one-day thing and get it done the coming week

3. He also said that I should consider applying for a 'reconsideration' which is not a legal right and my legality wont be extended but it might work as its a simple omission of documentation

4. I called back later to speak to another person to tally this and this one said I should simply get a solicitor as my visa has expired and I have no option to stay

5. Both said that appeals are for UK BA errors and not for new evidence so will be probably refused.

6. I know someone who had an expired visa, got premium appointment and the visa!

Now on Monday morning after I speak with the HR lady I need to decide between-
1. Appeal
2. Request reconsideration
3. Apply afresh using appointment (one day)
4. Apply afresh by post

Also, it is not clear whether I am already overstaying or not. The letter says I have 10 business days to appeal. But the UK BA phone line guys said I am overstaying.

If I apply for the visa by post then I cannot apply for reconsideration. If I apply for reconsideration than I can still apply again and the reconsideration will be cancelled.

At this point, I am thinking I will book appointment. If they refuse to entertain me then I will lose £100 - worth the risk. I will then apply by post. Does this sound logical?



I cant believe they make it so difficult for genuine cases where the employer made a small mistake that can easily be verified! If they had ticked the box then none of this would have happened, I wouldn't have overstayed etc. and the irony is that all this is about funds for the first 30 days which are way past and I have had 2 salaries already!

[manci]

If you decide to appeal your T1 PSW leave will be extended under Section 3C and you can continue working. The appeal must be received by (not sent to) the tribunal within 10 working days of the deemed date of receipt by you of the refusal decision.

If you decide to re-apply you will need a new CoS and cannot continue working. Check with the sponsor if they have an available allocation.

The rule about using the premium PEO service is that one cannot make applications that are "complex" , however there is no definition what complex means. An alternative to the PEO premium service is the priority service:
http://www.ukba.homeoffice.gov.uk/visas ... -priority/

There is no way of predicting the outcome of an appeal but it is true that new evidence, i.e. evidence that didn't exist at the time of the application, is not supposed to be considered. However there was a similar case to yours on the forum (try to find it) where the guy appealed and submitted a letter from the sponsor admitting that they had made a mistake when assigning the CoS. By the time it came to the hearing he also had a new CoS - he got his leave.

[tavish911]

Hello and thanks for replying Manci

I have already read and understood the laws today and everything you said covers that and tallies, so that is good.

Thanks for letting me know about the case where a similar situation was succesfully appealed.

My dilemma is not that I dont know the laws pertaining to each options - it is deciding which option to take! Reconsider/Appeal/Reapply

I dont think this case is complex at all, but I am trying very hard to find out what will happen if I book an appointment under PEO, EVEN THOUGH CURRENT VISA HAS EXPIRED. Will I be better off posting it under priority?

And finally, is it worth writing to caseworker asking her to reconsider, and if there is no reply in 4-5 days then apply fresh?

(I will of course know about the CoS situation on Monday)

Should I get a solicitor to take over? I dont mind borrowing money for that as there is no room for error

[manci]

Hello and thanks for replying Manci

I have already read and understood the laws today and everything you said covers that and tallies, so that is good.

Thanks for letting me know about the case where a similar situation was succesfully appealed.

My dilemma is not that I dont know the laws pertaining to each options - it is deciding which option to take! Reconsider/Appeal/Reapply

I dont think this case is complex at all, but I am trying very hard to find out what will happen if I book an appointment under PEO, EVEN THOUGH CURRENT VISA HAS EXPIRED. Will I be better off posting it under priority? If you re-apply using the priority service there is no risk of the application not being considered because of "complexity"

And finally, is it worth writing to caseworker asking her to reconsider, and if there is no reply in 4-5 days then apply fresh? There is no harm emailing the caseworker but s/he could only reconsider if you also enclosed a letter from your employer admitting/correcting their mistake (if indeed they omitted to tick the maintenance box but intended to)

(I will of course know about the CoS situation on Monday)

Should I get a solicitor to take over? I dont mind borrowing money for that as there is no room for error

[teja2013]

Premium service requires making an appoinent
With your documents. In your case
You donot have them on you rt.?? So , you
Cannot go for that. Apply by post.

You are a overstayer atm, but reapplying for
A new visa within 28 days is still under legal
Bounds.

[tavish911]

Thanks guys.

My current plan is -

1. Write to the case worker (email and by post) with a company letter stating that it was an error and that we'd like it to be reconsidered.

2. If we get no reply by Friday (5 days) then we apply by priority post.

Any opinions on this? This is all presuminng they have CoS - I really really hope they do.

Finally.. because I was on Tier 1 PSW I was exempt from RLMT.. do I have to now do it or am I still exempt?



And thanks for your suggestions guys, I do owe you big time!

[manci]

Thanks guys.

My current plan is -

1. Write to the case worker (email and by post) with a company letter stating that it was an error and that we'd like it to be reconsidered.

2. If we get no reply by Friday (5 days) then we apply by priority post.

Any opinions on this? This is all presuminng they have CoS - I really really hope they do.

Finally.. because I was on Tier 1 PSW I was exempt from RLMT.. do I have to now do it or am I still exempt? you are still exempt as your last leave was T1 PSW

And thanks for your suggestions guys, I do owe you big time!

[tavish911]

Thanks Manci

Do you think its a good plan that I have outlined?

There is something else. Initially the UK BA said they've sent something on the 12th of September.. nothing came. They even gave me a tracking number.

Now in the letter they say that I made an application on 12th September (coincidence?!), whereas I made the application on 28th August and did the biometrics on 7th September!! Also they have a part where they summarize my previous visas and one of them has the wrong year!

Can I email the caseworker along with the post? What would be the format to include her name?

[manci]

firstname.lastname@ukba.gsi.gov.uk
or
firstname.lastname@homeoffice.gsi.gov.uk

Fax: 0114 207 5865 or 0114 207 5869

post:
UKBA, Home Office, PO Box 3468. Sheffield. S3 8WA

[tavish911]

Hey, just found something uncharacteristically specific on the UKBA's site where they state an example of exactly my case while outlining what judges can and cannot take as new evidence..

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/

Please look at the last paragraph - does this make appealing a better choice?!

[manci]

Hey, just found something uncharacteristically specific on the UKBA's site where they state an example of exactly my case while outlining what judges can and cannot take as new evidence..

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/
this link is about entry clearance applications which is not your case

Please look at the last paragraph - does this make appealing a better choice?!

[tavish911]

I have now verified that indeed the employer did not put a tick in the maintenance box.

I have verified that we have CoS available

I have sent a letter to the UK BA requesting a reconsideration no the grounds that the employer intended to tick and was an admin oversight. Also stated that the date they claim I made the application (which would imply an out-of-time application) is wrong and that application was before the previous visa expired. Also pointed out to another type on dates.

Clarified that due to tight deadline for appeals we will not be waiting beyond thursday to appeal/reapply and that they should contact us by email/phone/fax/post before thursday 14th if they wish to reconsider and not have us appeal/reapply.

I am not very optimistic about this but I wanted to give common-sense a chance and try to resolve this in the most convenient manner possible for both parties.

Failing this, I am aiming at a priority postal application on Friday. I also intend to get this done through a lawyer even though that will be a massive hole in my pocket...



Any opinions?

[manci]

I have sent a letter to the UK BA requesting a reconsideration no the grounds that the employer intended to tick and was an admin oversight. ?

Your representation only stands a chance if you also enclosed a letter written by the employer confirming this

[tavish911]

The whole letter is typed by and from the employer, I added a line and a signature from me at the end saying I authorize the above request

[tavish911]

Nothing yet... I will take a decision on Wednesday.

Also, what grounds do I need to claim why I have a rejected visa? When they ask me if I've overstayed (on the form) do I say yes even though I am within my appeal deadline?

[The Station Agent]

This whole story stresses the importance of sponsors issuing CoS carefully and with all relevant points considered. If they'd ticked the box none of this would have happened. In my mind it's entirely their fault because this is a points-based system and you didn't score the necessary points because of them. In Tier 2 the employee should be shown the FULL CoS - otherwise they don't know what the sponsor has and hasn't done. This is a failing of the system (guidance) in my view - the sponsor should be told to give a full screenshot or printout of the CoS to the employee.

[tavish911]

I agree. Thanks for your comment

Anyway, it looks like I will be doing a priority application. Obviously I need to make sure every small detail is correct as a mistake now will mean the end really.

Anything I need to know about the priority process? I have never done this before so any advice would be greatly appreciated.

[manci]

http://www.ukba.homeoffice.gov.uk/visas ... plication/

[tavish911]

Thanks manci, I have read and understood that llink - I was wondering if there is something from personal experiences that may be worth knowing.

My biggest question now is -

Can I apply for priority without a current leave to remain? Will they tell me at the biometrics (when I have to submit documents) that I cannot do this by saying that they already have documents?

Has this been done before by people with expired leave to remain?

I am sorry if I''m asking too many questions but I cannot afford any doubts at this point..

thx

[manci]

On p11 of the application form there is provision to say that your passport is with the HO, i.e. this shouldn't be a problem.

As far as I can see there is nothing said anywhere that those who are overstaying by less than 28 days cannot use the priority service but I have no direct experience. In any case, you have to email a request to be included in the priority service, so you will get an answer that way:

http://www.ukba.homeoffice.gov.uk/visas ... -priority/

http://www.ukba.homeoffice.gov.uk/sitec ... equest.doc

Note that you need a new CoS. They ask for the CoS number on the priority request form.

[tavish911]

Thanks Manci

Updates:

Figured that you cannot do a priority postal application by yourself, and you need an authorized representative! I was thinking of getting one anyway as I didn't want to risk another mistake so hired one.

UK BA said that they have sent a postal response to my reconsideration request yesterday, but I do not have much hope on that.

Got new certificate issued, checked with lawyer, everything okay.

Will start the process of sending a priority application tomorrow.

Stopped working as of today since I willl be re-applying tomorrow.

Sigh... hope this goes well....

[tavish911]

Update-

Submitted Biometrics