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Appeal experience

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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priya_bhosale
Member
Posts: 108
Joined: Sun Aug 03, 2008 10:34 pm

Appeal experience

Post by priya_bhosale » Wed Jun 10, 2009 1:29 pm

I applied for extension of HSMP under Tier 1 and my application was refused after waiting time of 3.5 months. I was given the right to appeal as my current leave had expired and i launched an appeal with the help of a solicitor.

The problem with my initial application was with my previous earnings. I had two sources of earnings one from the uk and another from india. I worked for the indian company carrying out their sales promotion activites in the uk with their customers here and i was paid in an indian bank. HO needed to verify this and they verified with my employer in india. The reason for refusal was they were not able to verify my bank statements from india. I had provided all the phone numbers for the bank and hence i was extremely perplexed as to why this was the case.

The problem was they had contacted the wrong bank! Unfortunately there was another bank with the same name as my bank (which is only a local non-scheduled bank) and the bank they contacted had nothing to do with my bank. Naturally that bank was not able to confirm any of my account details and hence HO refused my application.

My appeal hearing was scheduled after about 1.5 months after i submitted my appeal form. On the day i had to prove to the judge that my bank existed and the HO had contacted a completely different bank with the same name. For this i got information from the internet about my bank and also from Reserve bank of india's website which mentioned my bank with the branch address and the bank registration details. It also showed more than one bank with the same name. The case was then clear to the judge and i received the decision after just 4 days after the hearing.

The past 6 odd months have been horrendous and i had to spend a lot of time and money and had to balance my work doing all this. But i am glad it has finally been successful and now its waiting for HO to get in touch with me.

My advice for anyone going for an appeal is if you can afford you should always get a solicitor. The only reason that should prevent you is if you cannot afford it. Although my case was straight forward i have to admit that it was made easier as i had a solicitor. It also gives you time to think about more important things about your appeal and you have to invest less time in preparing the paperwork. Look for 3-4 different solicitors in your area before deciding who to go for. Ask if they have the experience of dealing with such cases and you can always negotiate the fee.

Thank you everyone who has helped me on this forum! I appreciate your time and advice and would be happy to do the same in return and help members in the best way i can.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Wed Jun 10, 2009 3:21 pm

Hi Priya,

Congratulations for your win!!

NK

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Post by yasa » Wed Jun 10, 2009 4:16 pm

Congrats...
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Every cloud has silver lining
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priya_bhosale
Member
Posts: 108
Joined: Sun Aug 03, 2008 10:34 pm

Post by priya_bhosale » Wed Jun 10, 2009 5:03 pm

Thank you!

jahangir
Newbie
Posts: 48
Joined: Fri May 22, 2009 1:06 am

Post by jahangir » Wed Jun 10, 2009 7:12 pm

Thanks for the information Priya.

And congrats, of course.

t1xtn
Newly Registered
Posts: 4
Joined: Sun Jun 14, 2009 12:01 am
Location: UK

Post by t1xtn » Sun Jun 14, 2009 12:04 am

Congrats for WIN

Thanks A lot Priya for info.
:D :D

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