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Awaiting possible refusal/invalid application due to mistake

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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seether
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Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

Awaiting possible refusal/invalid application due to mistake

Post by seether » Sat Jul 24, 2010 10:41 am

Status before application:
Occupation: Teacher, whose job role is no longer on the shortage list.
Work Permit Holder for the last 4 years working for the same employer doing the same job (Under Old System of Work Permits)

I think i made an error on the tier 2 application form as instead of claiming/ticking 50 points for other transitional arrangements i picked the option also for 50 points:

"Has current leave on a work permit or in Tier 2 and is making an extension application
doing the same job for the same sponsor and having a certificate of sponsorship and is
not applying under the transitional arrangements. 50 points - Go to Section 5"

I made the choice as a result of the first part of the criteria but i am reading that i should have applied under transitional arrangement. I am worried as people who switch are not allowed to make extension applications.

All my documents were presented i.e proof of work permit etc. My question is that are work permit holders refused if they do not apply under transitional arrangements?
Should i expect a refusal/invalid application for this? Please help.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Jul 24, 2010 11:34 am

IF you qualify (as new Tier 2 applicant) and submitted documents as needed, then your application will be processed as usual. The only downside is that your new Tier 2 leave will not have any concessions / benefits (if any) that you might have been entitled to under transitional arrangements.


regards
Last edited by geriatrix on Sat Jul 24, 2010 12:00 pm, edited 1 time in total.

seether
Newbie
Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

Really down

Post by seether » Sat Jul 24, 2010 11:58 am

Thank you for your reply Sush. I am so angry with myself I cannot believe what has happened as if I am refused I may not have a reason for my appeal if right of appeal is given. I had only one year to ilr and i may have blown it. I am so down. I have been here for 10 years, 6 as student and 4 as wp holder and i go and do this. I dont even have the words to describe how much i hate myself right now. Really down in the dumps :cry:

seether
Newbie
Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

Post by seether » Sun Jul 25, 2010 5:26 am

So what course of action should I take whilst waiting for the decision?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Jul 25, 2010 11:55 am

Call up UKBA and enquire if you can send in a new application form (or the relevant page). If they say you can, ask the address you should send it to.

Write a cover letter explaining the error and provide your persoanl details (name, dob, nationality) and also the reference number.

And then hope for the best (that decision is not yet made, caseworker uses discretion and considers the application with changes provided).


regards

seether
Newbie
Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

Post by seether » Sun Jul 25, 2010 6:53 pm

Another issue is that time has elapsed. Application was sent end of june and did biometrics first week of july so they have had it for 3 whole weeks since biometrics (scary). The decision might have been already made i dont know i am just frustrated. I am gutted the case worker hasnt contacted me for more documents as it was sent with 3 weeks to expiry. It has expired now which leaves me with very little room to manouver if refused.

sriaravindan
Newly Registered
Posts: 6
Joined: Wed Jul 21, 2010 3:49 pm
Location: Bangalore

Refusal letter

Post by sriaravindan » Mon Jul 26, 2010 4:13 pm

Who prepares refusal letter? Is it the BHC or VFS based on feedback from BHC?

seether
Newbie
Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

weird question

Post by seether » Mon Jul 26, 2010 4:29 pm

who cares mate it is getting the visa you should be focusing on. A refusal is a refusal whether it was issued by santa or sheryl cole. Get your priorities right.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Refusal letter

Post by geriatrix » Mon Jul 26, 2010 4:37 pm

sriaravindan wrote:Who prepares refusal letter? Is it the BHC or VFS based on feedback from BHC?
UKBA staff (in UK) and UKVisas staff at overseas diplomatic posts (outside UK).

This said, it is not good manners to post a query not relevant to the subject of an active topic.


regards

seether
Newbie
Posts: 42
Joined: Sat Jul 24, 2010 10:33 am

Post by seether » Wed Jul 28, 2010 7:00 am

Had a chat with a solicitor and he claims they put more importance on the information on the COS input by the employer and as long as there are no mistakes on their part (lower salary than code allows etc.) and consistent with what i put on the form, there is a chance.

Is this true or is he trying to lift my spirits guys?

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