Tier 2 ICT extension refused for English language requiremen

[nking]

Hello All,

I was successfully granted Tier 2 ICT entry clearance in April 2010 which I applied for in Sweden and I fulfilled all the requirements for Points Based calculator including providing the copy of my degree as evidence to meet English language requirement.

I applied for extension of Tier 2 ICT leave for another 2 years in March 2013 from within the UK and mentioned in the application that I have previously fulfilled the English language requirement and do not need to provide evidence again. This was all in accordance with the Form and guidance.

My application has been refused mentioning that I have not submitted evidence during my first leave and that now I am applying from within UK and must submit the evidence again.

I have no issues in submitting again but now I have to go through the appeal process.

Could anybody please guide how strong is my case in appeal?

My Master's degree is still valid to satisfy the English language requirement.

Please help.

[manci]

There was, and is, no requirement to score points for English language when applying for T2 ICT entry learance but you do need 10 points for English if you apply to extend your leave beyond 3 years.

Do you hold a degree that was taught in English and is equivalent to a UK bachelor's degree or above?

If so, did you submit your original degree certificate with your entry clearance application for some reason other than to prove English language skills? UKBA seem to suggest that you haven't.

What is the date of the UKBA refusal of your extension application? It would help if you posted the relevant text from the refusal letter giving the reason for the refusal.

[nking]

Hi Manci

I have a master's degree from India which is earning me 10 points on Points based calculator for satisfying English Language requirements.

I do remember that I submitted a copy of my master's degree at the time of entry clearance application but I do not have any receipt or evidence to prove that.

Date of UKBA refusal is 8th May 2013.

Refusal letter is saying that I have not submitted any degree earlier to satisfy this requirement and that even if I did, I must do it again while applying for extension. As they have not seen any evidence earlier, they are unable to award me any points for English language as Secretary of state is not satisfied that I meet the English language requirement.

Thanks once again for your help.

[manci]

which option did you choose on the points based calculator?

I am a national from a majority English speaking country
I have a UK Bachelor degree-equivalent qualification (or above) that was taught in English
I have passed an approved English language test
I have already proven my English language skills in a previous application
I do not want to claim points for English language skills (your application will be refused)

[nking]

Hi Manci

I chose:


I have already proven my English language skills in a previous application

[manci]

How did you prove English language skills in the previous application?

Did you submit an original degree certificate of a degree that was taught in English and is equivalent to a UK Bachelor's degree or higher?

[nking]

Hi Manci,

Previous application was a personal appointment in Sweden and I remember carrying my original valid degree certificate which was photocopied at the British embassy in Sweden and original returned to me immediately.

[manci]

Was your degree taught in English and is it equivalent to a UK Bachelor's degree or higher? Has the equivalence been confirmed by UK NARIC? If there is any doubt ask the university.

[nking]

Manci,

My degree appears in Point based calculator and it is giving me 10 points for English language requirement.

The issue is that Border agency says they have never seen the copy of degree.

[Ravilation]

Hi Manci,

I have a similar problem. In my case I gave my IIM MBA degree which doesn't show in the points calculator however had I given my graduation degree I would have got the 10 points. My emploer, which advised me in the first place to submit my MBA degree, is not planning to appeal the decision and is asking me to move back immediately? They are not stating why they don't want to go for an appeal ( assume its because they haven't done their job in the first place)

Can I appeal and show the graduation degree in the appeal hearing?
How Long do I have to move out?
Is my employer obligated to give me a written statement on why they will not appeal ?
Is my employer obligated to give me a written statement on the reason for my visa rejection which I can use to support any future visa applications ( e.g US or UK). I feel they do have to take some responsibility and I just want to be aware of my rights.

Help on the above will be much appreciated

Regards
Ravi

[manci]

Manci,

My degree appears in Point based calculator and it is giving me 10 points for English language requirement.

The issue is that Border agency says they have never seen the copy of degree.

you have two options:

1.
appeal within the time allowed for the appeal. If you do appeal I would also wtrite to UKBA enclosing a copy of your degree certifiate and explain that on the points calculator you scored 10 points for English on the basis of this degree, the original is also available and that the original was produced at the time of your personal application in Sweden and copied by the ECO. Do say in the letter that you have appealed - may be UKBA will then withdraw the refusal.

2.
You can re-apply within 28 days of the refusal, this time submitting the degree certificate, but if that application is also refused you will not get a right to appeal.

[manci]

I have a similar problem. In my case I gave my IIM MBA degree which doesn't show in the points calculator however had I given my graduation degree I would have got the 10 points. My emploer, which advised me in the first place to submit my MBA degree, is not planning to appeal the decision and is asking me to move back immediately? They are not stating why they don't want to go for an appeal ( assume its because they haven't done their job in the first place)

Can I appeal and show the graduation degree in the appeal hearing?
How Long do I have to move out?
Is my employer obligated to give me a written statement on why they will not appeal ?
Is my employer obligated to give me a written statement on the reason for my visa rejection which I can use to support any future visa applications ( e.g US or UK). I feel they do have to take some responsibility and I just want to be aware of my rights.

Help on the above will be much appreciated

Regards
Ravi

Your employer wrongly advised you to submit with the extension application the IIM MBA rather than your first degree. On the basis of the latter you say that you would have scored 10 points for English.

However, the responsibility for the application is yours (you signed it), not the employer's. Any appeal would have to be made by you, not by the employer.

If you appeal within the timeframe allowed for appeals your existing leave will continue under section 3C, you can carry on working and don't have to leave the UK.

If you appeal I would suggest to also wtrite to UKBA enclosing a copy of your degree certifiate and explain that on the points calculator you score 10 points for English on the basis of this degree and you also have the original. Do say in the letter that you have appealed - may be UKBA will then withdraw the refusal. It would help if you could also produce a letter from the employer supporting the appeal.





.

[Ravilation]

Thanks Manci,

At this moment, I want to be very clear on what the responsibilities of my employer is?
Are they obligated to give me a written statement on why they will not appeal ?
Are they obligated to give me a written statement on the reason for my visa rejection which I can use to support any future visa applications ( e.g US or UK).

Also what do you think the chances of a successful appeal are in my case. i have been reading through the rules and it appears the UKBA is not obligated to take into consideration new evidence not submitted at the time of the application.


Regards
Ravi

[manci]

Thanks Manci,

At this moment, I want to be very clear on what the responsibilities of my employer is?
Are they obligated to give me a written statement on why they will not appeal ?
Are they obligated to give me a written statement on the reason for my visa rejection which I can use to support any future visa applications ( e.g US or UK).
They are not obliged to do any of these things and they cannot appeal the refusal decision, only support an appeal you may make

Also what do you think the chances of a successful appeal are in my case. i have been reading through the rules and it appears the UKBA is not obligated to take into consideration new evidence not submitted at the time of the application. You are right, that is the rule, nevertheless one cannot predict the result of the appeal. Also, if the appeal is not allowed you can re-apply within 28 days.

Regards
Ravi

[Ravilation]

Thanks Manci,

Very helpful one final question. You mention i can re-apply after 28 days. I came on a tier 2 ICT long term established staff in jan 11. I was reading somewhere that there is a new regulation by UKBA that requires a 12 month cool off period between two ICT applications. Is that true/ correct.

This will be helpful for me to plan ( lease , car etc) if I need to wrap up completely from the UK or will this be a brief 4 - 6 week absence from the UK.

Regards
Ravi

[livcyxingfoee]

our employer wrongly advised you to submit with the extension application the IIM MBA rather than your first degree. On the basis of the latter you say that you would have scored 10 points for English.



SPAM links removed

[manci]

Thanks Manci,

Very helpful one final question. You mention i can re-apply after 28 days. Not "after" 28 days, you can re-apply within 28 days of the refusal

I came on a tier 2 ICT long term established staff in jan 11. I was reading somewhere that there is a new regulation by UKBA that requires a 12 month cool off period between two ICT applications. Is that true/ correct. The 12 month cooling-off period only applies for entry clearance applications (from outside the UK), it does not apply to in-country extension applications.

This will be helpful for me to plan ( lease , car etc) if I need to wrap up completely from the UK or will this be a brief 4 - 6 week absence from the UK.

Regards
Ravi

[bali_ari]

hi manci,

I just floated the following issue but no reply from other forums...so once again floating it for you....please advice....

Recently I have submitted the application for Tier 2 visa General in VFS chennai INDIA.

I have submitted all the documents including the original certificates.

For English Language requirement the PBS is showing the university and is automatically provides 10 points for the Degree (PhD-IIT)

While applying, I asked the VFS officer on the UK NARIC certificate which I have obtained for PhD from IIT. She said there is no need if the PBS in UKBA site is showing the degree.

But now, Iam afraid whether I should have submitted the UK NARIC certificate which I have obtained for PhD - IIT ?

I request you to kindly clarify in this regard.

Thanks Manci,

Very helpful one final question. You mention i can re-apply after 28 days. Not "after" 28 days, you can re-apply within 28 days of the refusal

I came on a tier 2 ICT long term established staff in jan 11. I was reading somewhere that there is a new regulation by UKBA that requires a 12 month cool off period between two ICT applications. Is that true/ correct. The 12 month cooling-off period only applies for entry clearance applications (from outside the UK), it does not apply to in-country extension applications.

This will be helpful for me to plan ( lease , car etc) if I need to wrap up completely from the UK or will this be a brief 4 - 6 week absence from the UK.

Regards
Ravi

[bali_ari]

manci..

Application submitted : 10-May-2013
Status updated : 15 -May-2013 (Sent to British High Commission)
Received Final Status Update : 29-May-2013
Passport Collected : 30-May-2013

Visa Punched From : June-26-2013 to December-30-2015

process over