My visa got refused and I'm going to do One stop warning let

[Yen]

Hi all,

Has anyone done the one stop warning letter?
My visa has expired and my application got refused due to the fact that I'm on 40 hours contract so it brings down my hourly rate.
It's 44p short per hour.
My company agree to increase my salary to meet the criteria.
It was my fault that I didn't calculate right.
We are going to submit a fresh application and new COS is processing.
But I still will send a one stop warning letter to tell them I have reason to stay.
Because I don't want them reject my application because my visa has expired.
Can anyone explain to me what will happen after I send out one stop warning letter?

Thanks.
Yen

[Lucapooka]

You are simultaneously putting the cart before the horse and barking up the wrong tree. The UKBA send such letters in asylum and HR cases and certainly not for PBS migrants who have been refused.

[Greenie]

You are simultaneously putting the cart before the horse and barking up the wrong tree. The UKBA send such letters in asylum and HR cases and certainly not for PBS migrants who have been refused.

well actually they do send one stop warning letters to PBS migrants who have been refused - the warning is usually included in the refusal letter.

[Lucapooka]

Okay, but what about him sending something similar to the UKBA? There seems to be no prescription for this.

[vinny]

See also No changing horses in mid stream.

[Yen]

Hi all,

Because my company is willing to increase my salary and to back-date the salary increase to the date that we applied for the CoS.

We will prove that my company will increase my salary and also I meet the criteria that UKBA request under new/old policy.
Can anyone tell me is it the right thing to do?

Thanks.

[Lucapooka]

So why not simply re-apply?

[Yen]

Because my visa expired on 1st March, I sent my document out on 11th Feb.
I got rejected yesterday.
So by law, any application would be out of date.

Thanks.
Yen

[Lucapooka]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

[Yen]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Hi,

I don't really understand the whole process of one-stop warning statement of additional grounds.
But because I can't bring new evidence to the appeal.
I don't know how can I make my fresh application valid due to the fact that my current stayed expired on 1st March.
In his case http://www.immigrationboards.com/viewtopic.php?t=93162
He mad his fresh application even his visa expired and got his visa.
Could you please suggest any other option?

[Yen]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Hi do you have a link regards to 28 days.
I can't really find anything on UKBA.

[vinny]

320(7B)

[Yen]

320(7B)

Hi thanks. but this is for application made outside UK, I am in UK.
This is internal guidance for use by entry clearance staff on the handling of refusals for visa applications made outside the United Kingdom (UK).

[Greenie]

320(7B)

Hi thanks. but this is for application made outside UK, I am in UK.
This is internal guidance for use by entry clearance staff on the handling of refusals for visa applications made outside the United Kingdom (UK).

exactly - the 28 day rule only applies to applications made from outside the UK but given that you will overstay more than 28 days to make a new application, you will need to bear this rule in mind.

[Yen]

320(7B)

Hi thanks. but this is for application made outside UK, I am in UK.
This is internal guidance for use by entry clearance staff on the handling of refusals for visa applications made outside the United Kingdom (UK).

exactly - the 28 day rule only applies to applications made from outside the UK but given that you will overstay more than 28 days to make a new application, you will need to bear this rule in mind.

We will send out the one stop warning statement of additional grounds letter regarding to the new reasons why I think I can stay.
They may or may not get back to me.
I will request an appeal in 10 business days but I don't want to appeal it is just showing that I am legal to stay and carry on my job.
If We can get the new COS before the result comes out, we will withdraw the appeal and send out the application on the same day.
Someone said one stop warning- statement of additional grounds certainly not for PBS migrants who have been refused.
But if its not for the PBS, why they mention in the refusal letter?

[vinny]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

Post-Study Work

78C. In order for the applicant to be awarded points for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must:

(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,

or

(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.

[Greenie]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

Post-Study Work

78C. In order for the applicant to be awarded points for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must:

(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,

or

(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.

This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.

[Yen]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

Post-Study Work

78C. In order for the applicant to be awarded points for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must:

(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,

or

(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.

This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.

Could you please let me know where you found this?
I phoned the caseworker who rejected my application, she just said either appeal or make another application.

[Yen]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

Post-Study Work

78C. In order for the applicant to be awarded points for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must:

(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,

or

(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.

This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.

Could you please let me know where you found this?
I phoned the caseworker who rejected my application, she just said either appeal or make another application.

Hi,
What if I lodge my appeal but withdraw my appeal and send the application same day?
According 3C http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

WITHDRAWAL OF DECISIONS
Where leave to remain has been extended by operation of section 3C, a decision to
refuse an application for a variation of leave can be formally withdrawn by letter.
When an "incorrect" decision has been taken it is possible to withdraw the decision
formally and serve a fresh decision, either at the same time or at a later stage.
Section 3C leave will continue until the fresh decision is served and a refusal of the
application will attract a right of appeal.

So technically my PSW is extended by 3c?

[Greenie]

Having extant leave is not a pre-requisite in the points-based system. The only issue is that you won't get a right of appeal if refused. Also you will become an overstayer beyond 28 days so have to think about that for future applications for entry clearance.

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

Post-Study Work

78C. In order for the applicant to be awarded points for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must:

(i) have current entry clearance, leave to enter or leave to remain which has not expired, as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,

or

(ii) The applicant must meet the requirements of paragraphs 245HD(b)(ii) and 245HD(d) of these Rules.

This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.

Could you please let me know where you found this?
I phoned the caseworker who rejected my application, she just said either appeal or make another application.

it's in the rules quoted above. you can make another application but that doesn't mean it will suceed.

[Greenie]

you've sent me the same private message 3 times. Please see my answer above.

[khans]

Yen has pointed out, by PM, an interesting anomaly when switching from PSW to Tier 2 (General). It appears that out-of-time PSW holders may satisfy 245HD(b)(i)(1). However, to succeed, sufficient points are required. Out-of-time PSW holders may not be able to get sufficient points because of 78C.

This change was introduced on 6th April. A person switching from PSW whose leave has expired can still apply but can't claim points for switching from PSW, and instead would need to claim the points in another way, for example if the job is on the shortage occupation list or has undergone RLMT.

Could you please let me know where you found this?
I phoned the caseworker who rejected my application, she just said either appeal or make another application.

it's in the rules quoted above. you can make another application but that doesn't mean it will suceed.

Hi Greenie,

245HD(b)(i) applies to an applicants validity of leave to remain and it says the applicant HAS or HAS LAST BEEN GRANTED leave to remain. However the question here is can an applicant still claim points for sponsorship on the basis of "Last having granted" PSW leave (which has now expired) - to which the answer is No i presume ?

[Greenie]

I have already answered the question-and the answer is no. Points would have to be claimed in another way-e.g. RLMT or shortage occupation.

[khans]

I have already answered the question-and the answer is no. Points would have to be claimed in another way-e.g. RLMT or shortage occupation.

Thanks Greenie.
Is there a time limit as to when the RMLT must have been completed. I read on the UKBA website that the CoS should be issued to the migrant no more than 6 moths after conducting the RMLT. My company hired me in May 2011 and may have met the requirements of RMLT. Will that still be valid. I recieved my fresh COS (for out of time applicaion) on the 26th of April 2012.

[khans]

I have already answered the question-and the answer is no. Points would have to be claimed in another way-e.g. RLMT or shortage occupation.

Also, my new CoS was issued when I was still under 3C as my appeal was being considered. Do you reckon this will be considered as swithcing from PSW at teh time when CoS was issued?