First Tribunal dismissed, please advice

[muzammil1124]

Hi All

My wife and children were on a Tier 2 ICT dependent visa.

Then I got my ILR and resigned from the sponsor company to look for jobs independently. My wife was in India when her ICT Tier 2 visa was expiring and she was unable to come to UK at that point in time. I was not sure which visa to apply for, so I called up the UKBA and told them about the situation. I also told them that my wife and children are in India.

I am not sure what she understood, but she asked me to apply for ICT Tier2 extension from India even though I no longer hold the ICT Tier 2 visa. I applied as per the advice and the visa got rejected stating that we applied on the incorrect form.

We then appealed to the First Tribunal and after almost 6 months, today I came to know that the appeal has been dismissed. I have been told that we can further apply to the upper Tribunal within 28 days.

I need to know
1.) if there is any way this can be expedited since it already took 8 month to reach here and not sure how long will it take further
2.) If there is anyway I can take legal action against UKBA for providing wrong advice and then rejecting the visa?
3) If I can submit a fresh application, and if I again have to pay the fee since the visa rejection was not our fault

Please if you can advice as I am practially lost for any answer.

[aiza78601]

sorry to hear about this,there are many crazy in home office

u can go for permission to go to upper tribunal ,meanwhile u can submit new application

[muzammil1124]

sorry to hear about this,there are many crazy in home office

u can go for permission to go to upper tribunal ,meanwhile u can submit new application

Hi Aiza, thanks a lot for your reply. I am wondering if I can ask UKBA for return of the fee as the case was rejected due to their wrong advice?

Many thanks

[aiza78601]

well there is nothing wrong to try to get refund,i dont think so they are that good

if u have proof or evidence of their advise u can ask them i have proof of ur advise

[muzammil1124]

well there is nothing wrong to try to get refund,i dont think so they are that good

if u have proof or evidence of their advise u can ask them i have proof of ur advise

Thanks again Aiza.

Can anyone else also share their experience of getting the visa fee reimbursed? What is the procedure?

Many thanks!!

[muzammil1124]

Hi, anyone else???

[muzammil1124]

Hi

I have now applied for permission to appeal to upper tribunal.

I am wondering if there is any use of these appeals or should I straight away apply for a new visa?

Also, if applying for a new visa do I need to mention this instance when asked if the visa application has ever been rejected? What should I write?

[Althalus]

Why do you insist on extending the Tier 2 ICT Visa? After you were granted ILR, the ICT visa is no more. No chance to extend it at all.
I am not expert, but whoever advised you at UKBA was wrong. Don't trust those phone advisors, they are often wrong and never own up.
If you hold ILR, there might be other ways for you to bring in your family to you.
One thing is for sure - you cannot extend the Tier 2 ICT visa cos it's void. I would not waste any more money appealing to tribunals, as it looks like UKBA's decision of turning you down for using an incorrect form seems correct.

A slightly better option would be to contact a competent immigration solicitor and present your case to him, and see what he can advise.

[muzammil1124]

Why do you insist on extending the Tier 2 ICT Visa? After you were granted ILR, the ICT visa is no more. No chance to extend it at all.
I am not expert, but whoever advised you at UKBA was wrong. Don't trust those phone advisors, they are often wrong and never own up.
If you hold ILR, there might be other ways for you to bring in your family to you.
One thing is for sure - you cannot extend the Tier 2 ICT visa cos it's void. I would not waste any more money appealing to tribunals, as it looks like UKBA's decision of turning you down for using an incorrect form seems correct.

A slightly better option would be to contact a competent immigration solicitor and present your case to him, and see what he can advise.

Hi Althalus, thanks a lot for your reply.

When I got my ILR, my wife still had the ICT dependent visa. She could have got the ILR too, however there were 2 reasons:

1. She was in India
2. She was out of UK for longer than the required time to be eligible.

If you check the UKBA website, it says that if my wife is on ICT dependent visa AND if she is not eligible for ILR she can apply for an EXTENSION of the ICT dependent visa. And that is what the UKBA representative told me.

However, she forgot to inform me that since my wife is in India she is not able to apply for an extension since extension can only be applied from UK. She was only eligible for family of a settled person visa.

You correctly said that it is no point wasting time and money while appealing to Tribunals, do you think that a solicitor would be able to advice and not talk to us over again for more money and time.

Will it be better to apply for a new visa altogether. Should I withdraw my case?

Please advice!!

[FaeLLe]

Why do you insist on extending the Tier 2 ICT Visa? After you were granted ILR, the ICT visa is no more. No chance to extend it at all.
I am not expert, but whoever advised you at UKBA was wrong. Don't trust those phone advisors, they are often wrong and never own up.
If you hold ILR, there might be other ways for you to bring in your family to you.
One thing is for sure - you cannot extend the Tier 2 ICT visa cos it's void. I would not waste any more money appealing to tribunals, as it looks like UKBA's decision of turning you down for using an incorrect form seems correct.

A slightly better option would be to contact a competent immigration solicitor and present your case to him, and see what he can advise.

Hi Althalus, thanks a lot for your reply.

When I got my ILR, my wife still had the ICT dependent visa. She could have got the ILR too, however there were 2 reasons:

1. She was in India
2. She was out of UK for longer than the required time to be eligible.

If you check the UKBA website, it says that if my wife is on ICT dependent visa AND if she is not eligible for ILR she can apply for an EXTENSION of the ICT dependent visa. And that is what the UKBA representative told me.

However, she forgot to inform me that since my wife is in India she is not able to apply for an extension since extension can only be applied from UK. She was only eligible for family of a settled person visa.

You correctly said that it is no point wasting time and money while appealing to Tribunals, do you think that a solicitor would be able to advice and not talk to us over again for more money and time.

Will it be better to apply for a new visa altogether. Should I withdraw my case?

Please advice!!

Dude the mistake is your's for blindly following telephonic advise without any written documentation of position.
The UK immigration law is very clear and transparent and available on the Internet.

Even if your wife was in the UK you could not extend her Tier 2 Dependent visa because you do not have the visa anymore, that is why you were rejected.

Your wife will need to come as a dependent of an ILR and spend another 5 years before she can get her ILR.

Apply for a new visa if you want your wife to come now and you can fight in parallel to "try" get your visa fees back. But I wouldn't recommend you give your lawyers any more money as it seems a waste to me.