Tier 1 extension rejected with no right to appeal

hindian · Post by **hindian** » Sat Mar 14, 2009 3:08 pm

Hi All
I need urgent advice from experiance people.

I applied for Tie1 extension on th Jan and my visa expired on 12th jan. I received my application back asking me to resubmit the application as the application form I used was old one and I had to use the new one. Apparently the form was updated a day after I printed the old form. I re-submitted the application and they received it on 20th Jan.

So now I received the refusal letter on grounds of not providing enough documents for previous earning. Apparantly 1 month bank statement was missing even though I send 12 month payslips to cover my previouse earning proof.

On the letter they sau I have no right to appeal as I had send the application afer my visa expired. I phoned them up to explain tht I had made intial application before my visa expired. The officer dint bother to listen to that and said I should leave the cuntry ASAP. In the letter it said I can request further information in writing from the home office.

I have sent them letter explaning the situation and ot sure when will i get reply. I need to know If I will be in legal side still able to work while I wait for the reply. Some says because y visa expired I am now illegal and should go back.

Please advice.

T_mahmood · Post by **T_mahmood** » Sat Mar 14, 2009 3:38 pm

Hi, sorry to hear about your case. I think the people in HO are really unsensative and unable to think the affects upon the applicant. I personally feel that in case of extention and deciding before denial, the applicant should be given a call to clear the things up (if in confusion). Just like in your case, if case worker would have bothered to call you, then you had not in trouble.

I would suggest you to consult a professional solicitor immediately.

satish.pand · Post by **satish.pand** » Sat Mar 14, 2009 5:01 pm

Hi hindian,

Sorry to hear this.

Can you explain in detail as why you're application was rejected.
Is it because you forgot to add the bank statement for one month or something else?.

Also, do you get necessary points without including that months salary where you didn't provide the bank statements.

Rgds
Satish

nksg · Post by **nksg** » Sat Mar 14, 2009 6:45 pm

In my openion, stop waisting time and seek some legal help.. i think its b'cause of delay .. as a result of incorrect form sent initially...

tapindersingh · Post by **tapindersingh** » Sat Mar 14, 2009 10:18 pm

As advised by others seek legal help. Someone I know someone who went for it and challenged HO's decision. (his PSW was cancelled) He received a letter from HO requesting him to withdraw his legal challenge as HO will re-consider his case.

hindian · Post by **hindian** » Sun Mar 15, 2009 10:37 am

Thank you guys for your replies.

Well I do have enough qualifying point with 12month payslips, only problem was missing bank statements for 1 month. They should atlist be little sensible because the payslips clearly shows salary earned N.I and Tax contribution.

In the application form and the guidance form it clearly says that if case worker is not satisfied with any documents he can ask you to send further documents. I had no call from them what so ever and they ust send me rejection letter. Further the worse thing is with no right to appeal even though i lived in this country for years done my degree both Beng and Msc and payed taxes. Even after doing all that this is what we get, it really pisses me off

Post by **push** » Sun Mar 15, 2009 10:50 am

hindian wrote:Thank you guys for your replies.

Well I do have enough qualifying point with 12month payslips, only problem was missing bank statements for 1 month. They should atlist be little sensible because the payslips clearly shows salary earned N.I and Tax contribution.

They are expected to follow the guidance and not logic/suppositions etc. The guidance note clearly says that they need two independent corroborating pieces of evidence which clearly were (doesn't matter if it was only for 1 month) missing from your application.

In the application form and the guidance form it clearly says that if case worker is not satisfied with any documents he can ask you to send further documents. I had no call from them what so ever and they ust send me rejection letter. Further the worse thing is with no right to appeal even though i lived in this country for years done my degree both Beng and Msc and payed taxes. Even after doing all that this is what we get, it really pisses me off

Can/may gives the caseworker a discretion and he is not obliged to do so. In any case I dont think this was a case of "being satisfied with the documents" but that of a "missing piece of evidence". We appreciate your pain and trouble that you find yourself in, but in all fairness you should accept the blame here and not accuse UKBA or C/W of any wrongdoing, whatsoever.

nangvil · Post by **nangvil** » Sun Mar 15, 2009 3:58 pm

Dear hindian,
Sorry to hear your application has been rejected by UKBA.

Unfortunately, I have to agree with push_hsmp. If you only have 11 months of bank statements, that does not collaborate with your 12 months bank statement. This is stipulated in the guidance.

My advice to you would be to approach an immigration lawyer ASAP for legal advice re your status.

aspirant09 · Post by **aspirant09** » Sun Mar 15, 2009 4:56 pm

hi guys , can we discuss this a bit more? so u mean that

1)since 11 months documents were not enough to claim required points , hindian's application should have been rejected

OR

2) since there was 1 month bank statement misssing , irrespective of the remaining evidence his application should be rejected?

Post by **push** » Sun Mar 15, 2009 5:41 pm

hindian · Post by **hindian** » Sun Mar 15, 2009 6:12 pm

All they saying is enough supporting evidence wasn't provided.

I except there was a missing bank statment but I m saying now is atist they should have given me right to appeal cus I mad the appliation from U.K and my visa did expired. Isays on the website as well that it is statuatory right to appeal against any decision.

if I had o go back its going to distrup my life, I got a steady job aslo got a property and morgage to pay.

I spoke to layer and they said I should send them in wrinting a request to make an appeal agaist the decision. I have done so and now its the waiting game. I am not sure is will it b ok for me stay here and ontinue waiting till get a reply.

Thank you all again.

Post by **push** » Sun Mar 15, 2009 6:33 pm

hindian wrote:All they saying is enough supporting evidence wasn't provided.

I except there was a missing bank statment but I m saying now is atist they should have given me right to appeal cus I mad the appliation from U.K and my visa did expired. Isays on the website as well that it is statuatory right to appeal against any decision.

if I had o go back its going to distrup my life, I got a steady job aslo got a property and morgage to pay.

I spoke to layer and they said I should send them in wrinting a request to make an appeal agaist the decision. I have done so and now its the waiting game. I am not sure is will it b ok for me stay here and ontinue waiting till get a reply.

Thank you all again.

Did they provide you details of points awarded for each of the points scoring areas?

hindian · Post by **hindian** » Mon Mar 16, 2009 9:33 am

Yes they did. No points were awaded for previous earnings.

Post by **push** » Mon Mar 16, 2009 5:27 pm

hindian wrote:Yes they did. No points were awaded for previous earnings.

Thats strange. How much did you claim? What was your 12 month's earning and what would your 11 month's earning would have been if "that" 1 month was excluded?

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Tier 1 extension rejected with no right to appeal

Tier 1 extension rejected with no right to appeal