Tier 1 rejected, Appeal submitted, visa expired..can i work?

willibaba · Post by **willibaba** » Tue Jun 10, 2008 5:59 pm

Hi all,
I put an application for HSMP extension under Tier 1. It got rejected because I failed to disclose my criminal offences which actually were minor motoring offences. I was under an impression that it need not be disclosed since they were minor offences...which was the same that I did in my earlier HSMP application which got accepted without any harm. Now during the extension on Tier1 it got stuck because I did the same mistake. An appeal has been lodged on the grounds of discretion and unintentional mistake that mean no harm or deception. I exceed my Tier1 points way easily and this nondisclosure was the only reason why my application got rejected.

I am currently working but my HSMP ran out on the 6th June. What are the options left for me to work in this country till the time there is some decision from the AIT and the hearings? As I understand an appeal preserves my right to stay in this country but does it preserve my right to work? as I understand that the process might take long time and living here is tough...

any help or advice is much appreciated,
thanks,
rgds,

vipul1981 · Post by **vipul1981** » Tue Jun 10, 2008 7:37 pm

can u pls tell us ur timelines

willibaba · Post by **willibaba** » Tue Jun 10, 2008 8:25 pm

Hi Vipul,
what do u mean by timelines?

thanks,
rgds,

vipul1981 · Post by **vipul1981** » Tue Jun 10, 2008 8:30 pm

i mean when did u apply, when was ref no issued and when was decision made and also when did u get the docs back

Post by **push** » Tue Jun 10, 2008 10:13 pm

I am currently working but my HSMP ran out on the 6th June. What are the options left for me to work in this country till the time there is some decision from the AIT and the hearings? As I understand an appeal preserves my right to stay in this country but does it preserve my right to work? as I understand that the process might take long time and living here is tough...

See if the following helps (picked up from the BIA website)

Frequently Asked Questions
What is my immigration status while my application is being decided?
Close.If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

Although, this pertains to HSMP but I believe, it would apply to extension (switching) case under Tier-1

regards,

push_hsmp

willibaba · Post by **willibaba** » Wed Jun 11, 2008 10:25 am

Hi all,
all of you have given me a great help...thanks for all the replies

to answer Vipul's question...i applied on the 22nd April, 08 for extension under Tier 1 ..my HSMP was due to ran out on the 6th June. I received a letter on the 9th June from the Home Office dated on the 6th June saying that my extension was rejected.

I have put an appeal on human rights discretion grounds yesterday i.e 11th June, 08.

I am in great tension not because of the rejection but my legal ability to work in this country by the time I get a court hearing..which will take months as I understood from the solicitor.

can somebody pls point out where this rule/rights are written in the UK legal policy document so that if my employer asks for any proof I may show them the same.

any help much appreciated...
thank you very much
rgds,

willibaba · Post by **willibaba** » Wed Jun 11, 2008 10:34 am

In the new Tier 1 procedure they have these rules of deportation for 1 yr, 5 yrs and 10 years...but as I understand from the solicitor they r still fighting to change this rule.

the home office has left me no choice...they took 8 weeks from 22nd April - 6th June to send a reply..when they knew that my visa ran out on the 6th June. I cannot reapply as my visa has expired when i got the rejection letter...they knew that I had a very good chance of passing through in the second application, which is out of question now.

so the only option for me was to put an appeal.....how insenstive this can get? because this appeal process can take ages to decide......do they expect me to wait for the decision and not work..? how will i survive? how do they expect someone not to work for months and months...

sorry for the frustration people but this is getting my crazy
thanks,
rgds,

vipul1981 · Post by **vipul1981** » Wed Jun 11, 2008 10:45 am

Thanks for the info Wilibaba and good luck

willibaba · Post by **willibaba** » Wed Jun 11, 2008 10:53 am

thanks for the good luck

junior · Post by **junior** » Wed Jun 11, 2008 10:57 am

@Willibaba

Please don't get me wrong...but just wanted to know that if there were any specific reasons behind your non disclosure of motoring offences....As you are fully aware that they are supposed to be criminal convictions and are deemed to be pretty serious if not declared.

Also the BIA website in the change of circumstances form clearly asks the applicants to declare any motoring or criminal offences which were registered against their name if they have failed to do so in the main Tier1(general) application form.

Please see the text excerpt below:

If the applicant has been convicted of a criminal offence
either in the UK or abroad that was not declared
on their original application they must use this form
to notify the Border and Immigration Agency.

Criminal Convictions:
The applicant should provide full details of the offence
which they have been convicted of, the name of the
court, date and place of sentencing and the sentence
imposed.

Other (including changes to dependants and
criminal convictions)
The applicant should select this option if they wish to
inform the Border and Immigration Agency of any
other changes to their circumstances.

I hope that you get the extension visa in your appeal request. All the very best to you.

Regards,
Junior

willibaba · Post by **willibaba** » Wed Jun 11, 2008 11:20 am

thanks junior...
i understand i did a mistake there, but the fact was that these offences were minor motoring offences taken place 4 years ago.....also the fact that my earlier HSMP was approved without the Home office raising an objection....

there was no harm in declaring as i knew i have enough points to pass...but it was a sincere unintentional mistake from my side.....

thanks for all the good luck....

but can someone again confirm me to me of any known rules or policies or working during this appeal waiting period? pls...any help much appreciated..
i am not able to find my answer anywhere..

thanks,
rgds,

junior · Post by **junior** » Wed Jun 11, 2008 12:14 pm

Hi Willibaba,

I can understand your view point now. Don't worry as you have mentioned it was a case of a sincere unintentional mistake on your part, I don't see a reason why HO should not consider your appeal and grant you extension visa.

Please see the links below:

http://www.bia.homeoffice.gov.uk/workin ... m/appeals/
http://www.bia.homeoffice.gov.uk/workin ... s/appeals/

Hope this helps.

Regards,
Junior

junior · Post by **junior** » Wed Jun 11, 2008 12:21 pm

Hi,

I might be wrong here, but I guess you can work since your existing leave to remain has expired and your application is now in appeal/review. So till the time the decesion of your review comes back, I think you are legally eligible to work.

Please See this:(from BIA website)

If you have a right of appeal you will be provided with full details of your rights and an appeal form which you will need to complete and return.

The best thing would be to speak to HO CC. I am sure they can assit you with this query. Again like I said, I might be totally wrong here.

Regards,
Junior

willibaba · Post by **willibaba** » Wed Jun 11, 2008 12:48 pm

thanks a lot Junior...you are a star !! i really appreciated your help and advice....

thanks again to everyone,
rgds,

pr4t4p · Post by **pr4t4p** » Wed Jun 11, 2008 12:52 pm

willibaba wrote:thanks a lot Junior...you are a star !! i really appreciated your help and advice....

thanks again to everyone,
rgds,

Hello Willibaba,
May I please know the motoring offences which u did, did u had to appear in the court for that or did you just paid some fine and got away with it?

junior · Post by **junior** » Wed Jun 11, 2008 1:11 pm

Hi Willibaba,

Check this link below, I am sure you will get answers to lot of your queries.

http://www.bia.homeoffice.gov.uk/siteco ... chapter12/

Regards,
Junior

willibaba · Post by **willibaba** » Wed Jun 11, 2008 1:12 pm

1) caught uninsured
sentence: Â£50, 1 month ban

2) caught while disqualified (hell, what was i thinking..i had only 1 week to finish my ban)
sentence: Â£70, 12 month ban, 100 hrs community service

no points on license.

willibaba · Post by **willibaba** » Wed Jun 11, 2008 4:15 pm

Hi all,
I found the correct answers of my problem....thanks everyone.

link: http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/
go to SECTION 5

CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an incountry
appeal is pending.
An appeal is pending from the time that it is instituted until it is finally determined,
withdrawn or abandoned. Section 104 (1) of the 2002 Act applies. An appeal is
abandoned if the appellant is granted leave to enter or remain in the UK or if he
leaves the UK. Section 104 (4) applies.

APPLICANTS' STATUS WHILE SUBJECT TO LEAVE UNDER SECTIONS 3C
OR 3D
Where an applicant's leave has been extended by sections 3C or 3D and the
applicant wishes to work or set up in business pending a decision on the application,
our advice should be that the section extends the time limit and maintains any
conditions attached to the original limited leave.
A person whose previous leave was subject only to a time limit, ie. Code 1, may work
or set up in business while the application is under consideration, but should be
advised that this does not necessarily mean that an application to remain for such a
purpose will be granted.
IDI Sep/06 CH1 SECT5 â€“ SECTIONS 3C AND 3D OF THE IMMIGRATION ACT 1971 (AS AMENDED)
5
A person whose leave under sections 3C or 3D expires and who has not been
granted leave becomes an overstayer, is no longer subject to any conditions and no
longer has any permission to work or run a business. Enforcement action should be
considered against the individual if he does not leave the UK.

dnicky · Post by **dnicky** » Wed Jun 11, 2008 5:24 pm

Driving while uninsured and during the ban period are serious offences. You cannot term them as minor offences.
Not getting caught during your earlier HSMP application does not mean that these are not to be declared in your subsequent applications. HO is becoming stricter by the day and to be honest and open is the best policy.

Post by **push** » Wed Jun 11, 2008 11:51 pm

dnicky wrote:Driving while uninsured and during the ban period are serious offences. You cannot term them as minor offences.
Not getting caught during your earlier HSMP application does not mean that these are not to be declared in your subsequent applications. HO is becoming stricter by the day and to be honest and open is the best policy.

Ya, but the damage has been done now. It was a judgement error on the applicant's part. Its a lesson for others too.

chakde23 · Post by **chakde23** » Thu Jun 12, 2008 12:14 pm

Willibaba,

Do you know how did they check your driving details....did you submit driving licence as age proof ? I guess you are bit unlucky this time unlike your hsmp process

willibaba wrote:1) caught uninsured
sentence: Â£50, 1 month ban

2) caught while disqualified (hell, what was i thinking..i had only 1 week to finish my ban)
sentence: Â£70, 12 month ban, 100 hrs community service

no points on license.

republique · Post by **republique** » Thu Jun 12, 2008 2:21 pm

willibaba wrote:1) caught uninsured
sentence: Â£50, 1 month ban

2) caught while disqualified (hell, what was i thinking..i had only 1 week to finish my ban)
sentence: Â£70, 12 month ban, 100 hrs community service

no points on license.

They sure don't give you a high monetary penalty for these offenses.
frankly once you ignored the first ban, I don't see why they'd give you a longer one and hope you'd not violate that one as well. Hopefully you have but I think the legal system doesn't think sometimes

hskhan2008 · Post by **hskhan2008** » Sun Jun 29, 2008 12:37 am

chakde23 wrote:Willibaba,

Do you know how did they check your driving details....did you submit driving licence as age proof ? I guess you are bit unlucky this time unlike your hsmp process

willibaba wrote:1) caught uninsured
sentence: Â£50, 1 month ban

2) caught while disqualified (hell, what was i thinking..i had only 1 week to finish my ban)
sentence: Â£70, 12 month ban, 100 hrs community service

no points on license.

i am also waiting for your answer, did u submit your driving licence, i just want to know how they can check the motoring offences of the applicant

HSMPgafla · Post by **HSMPgafla** » Sun Jun 29, 2008 7:49 am

Hi All,
I have also one query about this traffic offence.
My HSMP visa is expiarying on 13th july and i am applying for extension on 1st july. Actually some what around 1 and 1/2 year ago i bought a car from one of my friends from hertfordshire (Â£50 only), but at that time i had only provisional licence. The car was parked out side my frined's house (may be offroad parking). But within one week of buying car from him he went his home country for good, while i ahve found good job in lincolnshire so i moved there. As i dont have full licence i thought it would not be a good idea driving that car for untill i get full licence.
But after one week i got notice from court about off road parking offence. I been to court and they ask me maximum panelty will be Â£1000 or they will crash my car and dispose it. I ask hime to dispose it as it was only of Â£50. Then after i havent received any notice from court. Its been one year now.
Do u guys still think my offence was major as i did not drive the car at all??? Should i mention it in my application form???? What would be the worst case scenario???

hskhan2008 · Post by **hskhan2008** » Thu Jul 17, 2008 3:51 pm

I am going to apply for the extension visa, actually police fined me 100 pounds because i was driving on international licence, and i was also insured as well but police man told me that i can't drive while if you have DVLA licence,
Does anyone knows, is this a offence and do i have to mentioned this while applying for Visa

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Tier 1 rejected, Appeal submitted, visa expired..can i work?

Tier 1 rejected, Appeal submitted, visa expired..can i work?

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