Got PSW, now chasing home office in court for tier 1 general

[india11]

Hi friends,

Thanks GOD finally I have got PSW stamped on my passport .I received it today and now I am planing for my next step and I need all your advices.Please guide me in this matter.first I will tell you a brief history about my case.

I was on IGS visa.

January 2009: I applied for tier 1 general visa.Home office could not verify my previous earnings from my employer in my home country due to a silly mistake of another employee in my company.So they refuse my application under 322(deception) and ban me for 1 year.Home office did not return my previous employment papers back which they believe are fake.No right of appeal given because at that time I still had leave to remain.

April 2009: I got my employment papers again from my company again and sent those letters to home office and asked them to review their decision.But they again refuse my request and said that there is no in country review available for point based system.

May 2009: I applied for IGS extension(IGS-PSW) because my visa was expiring.Again home office refuse my application and told me that because you had used deception in your previous tier 1 general application and you are ban for 1 year.So they refuse my PSW application but this time they give me right of appeal because my leave was expired.

With the grace of GOD I won my appeal and now got the stamped passport with PSW today.

As I don,t have master degree at the moment and I can,t make a new application under tier 1 general now.
So I want to ask home office to change their previous decision(tier 1 general)because I did not use deception in that application.I have prove this in court and got Psw visa.

I need all your valuable advises.Please help me.How can I deal with this situation.

thanks

[geriatrix]

Explain the basis on which you have won the appeal so that others get a better understanding of your case.

regards

[india11]

Hi there, thanks for your reply.

When I made my tier 1 general application , that time home office called my previous employer in my home country to verify my document. But a new employee who joined there after I came in the uk.he told them that I have never worked there. So home off refuse my application under para 322 and ban me for using deception.I was awarded all the points in other area expect earning.
But because I was a real employee there so I got all the letter again from my company and a letter from that guy who gave wrong information by mistake that he made a mistake because he did not know me that I have worked there.

I sent these documents to home office and asked them to review their decesion but they did not accept my request.

The grounds of my appeal were the same when they refuse my psw application. That home office made a wrong deceision.I was a real employee in my company. I submitted all employment papers in my appeal to ait. I also went for hearing without any lawyer and I told the judge every thing.

Fortunately judge allowed my appeal and write in her determination.exact wording is as fellow

home office is failed to establish that I have used deception in my previous tier 1 general application and it could have been a simple matter for home office to verify my documents again from my company in back home which they did not. And the appellant have produce all the documents that he was a real employee in his company back home.An error was made due to wrong information by a new employee in my company and it was home office duty to ask my employer again.they did not do so and therefore home office was wrong to refuse both of my applications.

Now I have got psw , kindly please give me your advice. I have asked a lawyer now and he is saying that you have got a good case and you should go for it.

I don't have to much money so please guide me what's are my options.

Thanks a lot






home office was wrong to refuse both of my applications.

[india11]

Hi every one,

Please help me I am in desperate need of your advices please.....

[geriatrix]

I am not a legal expert but I think you have the following options:

1. Write to UKBA to dismiss the ban imposed on you - in light of the appeal determination - and, at the same time, re-assess your earlier Tier 1 application again. Not sure of UKBA will be ready to re-assess your Tier 1 application ... depends on UKBA policy .... but it's worth giving a try.

2. Make a new Tier 1 application.

Irrespective of which option you choose to go with, it is critical that you get the 1 yr. ban overturned at the earliest (if the appeal judge has not determined so). Seek legal help if you have to ...... to ensure this gets done.

regards

[ukswus]

I am sure your best bet is to contact a good lawyer.

P.S. I noticed in your next posting you already did that. Great.