Tier 1 E extension refused 6 days after varying to FLR FP

[Goldfisheroo]

Good Afternoon Everyone

I need expert advice for the following matter. Please bear in mind 10 August, 2018 is the target date to complete 10 years long residence.

Tier 1 E Extension applied on 9th October, 2017.
IHS refund on 17 May, 2018
Varied to FLR FP Private life on 6 June , 2018.
£1033 FLR FP fees deducted on 8 June, 2018.
Tier 1 E Extension application refused on 12 June, 2018.

Reasons for refusal:

1. No personal bank statement provided to evidence investment of £26000 as sole trader (self employment), remaining £24000 invested in a LTD accepted.

2. Current Appointment Report not provided.

My question is as i posted FLR FP Private life application on 6 June, 2018 with the intention to vary undecided Tier 1 E extension application,

1. Can i force Home Office to withdraw their decision on Tier 1 E and consider FLR FP? If yes how?

any input will be much appreciated. kind regards

[zimba]

Write to HO and explain that you varied your application before the refusal decision

[Goldfisheroo]

Write to HO and explain that you varied your application before the refusal decision

Thankyou very much. My solicitor is of the opinion to go for AR so i don't fall out of section 3C protection and at the same time send PAP to HO arguing decision on TIEr1 is not required. I think writing a letter or writing PAP is same thing?

Also i am not sure if accepting request to vary an application in my case is discretionary or my right?

any past cases you can point to?

kind regards

[marcnath]

Write to HO and explain that you varied your application before the refusal decision

Thankyou very much. My solicitor is of the opinion to go for AR so i don't fall out of section 3C protection and at the same time send PAP to HO arguing decision on TIEr1 is not required. I think writing a letter or writing PAP is same thing?

Also i am not sure if accepting request to vary an application in my case is discretionary or my right?

any past cases you can point to?

kind regards

Has HO responded to your varied application ? There are a few circumstances under which a varied application is not allowed - for example, if the decision had been made by the 6th of June. But, HO is expected to let you know and not deduct the fees.

[rooney0511]

Good Afternoon Everyone

I need expert advice for the following matter. Please bear in mind 10 August, 2018 is the target date to complete 10 years long residence.

Tier 1 E Extension applied on 9th October, 2017.
IHS refund on 17 May, 2018
Varied to FLR FP Private life on 6 June , 2018.
£1033 FLR FP fees deducted on 8 June, 2018.
Tier 1 E Extension application refused on 12 June, 2018.

The process which the Home Office follows is as follows

You send your application to Durham and the payment is taken there.

Then the application is sent to the appropriate Office like Sheffield or Liverpool depending
on the type of application.

When received in Sheffield/Liverpool the workflow team input onto the system according to the date order received thereby generating the Case ID and the biometrics are issued.

In your case, if you look at it your payment was taken on Friday 08/06/2018 and even if they sent the documents on the same day or the next working day which is more likely (11/06/2018) to Sheffield, by the
time your case could have been input on the system your Tier1 application was refused.

There is no way the caseworker could have known that your variation application is on the way, as only
when your case ID is generated any caseworker can see another application on the system.

As it is an administrative issue, you just need to prove that an application was sent and payment
taken before the refusal and you will be OK.

You need to put that in your Admin Review or you need to write a letter to the Home Office explaining
the same.

Hope that helps

[CR001]

Did you notify the Tier 1 Ent department that you are varying to FLR(FP)??

What is the exact date of your Tier 1 Ent refusal letter??

[hina_pirzada]

As I know if you vary your application before the decision date you have covered under section 3C. The decision on your previous application will not be counted. You said they deducted the fee from your account normally when you vary your application they do not charge any fee until or unless the variation application is higher than the previous one. If the variation fee is higher so they only take difference. I don't know in your case you applied alone or with family.

Have you received interview call on your Tier 1 Extension?

You can challenge the decision in AR telling that you have varied your application. Your variation date is the date when you submitted your application.

Send them first PAP via solicitor and wait what they respond.

[Goldfisheroo]

Did you notify the Tier 1 Ent department that you are varying to FLR(FP)??

What is the exact date of your Tier 1 Ent refusal letter??

no i didn't notify Tier 1 Ent department.

Tier 1 Ent refusal letter is dated 12th June, 2018.

thanks

[Goldfisheroo]

As I know if you vary your application before the decision date you have covered under section 3C. The decision on your previous application will not be counted. You said they deducted the fee from your account normally when you vary your application they do not charge any fee until or unless the variation application is higher than the previous one. If the variation fee is higher so they only take difference. I don't know in your case you applied alone or with family.

Have you received interview call on your Tier 1 Extension?

You can challenge the decision in AR telling that you have varied your application. Your variation date is the date when you submitted your application.

Send them first PAP via solicitor and wait what they respond.

thankyou.

For both Tier 1 Ent and FLR FP Private Life i applied alone.

I received no interview call for Tier 1 Ent, may because my application fell for general grounds of refusal and was not subjected to further verification as explained in the refusal letter.

kind regards

[hina_pirzada]

Thats okay. But i am thinking they refused u coz they knew u have varied ur application. They are very clever. But u are on safe side i think coz u varied before the decision.

[CR001]

Thats okay. But i am thinking they refused u coz they knew u have varied ur application. They are very clever. But u are on safe side i think coz u varied before the decision.

Possibly refused as they DID NOT know the OP had varied as OP did not inform Tier 1 E caseworker. OP did not meet the requirements for Tier 1 E extension as already posted.

[kaps84]

Hi CR001,

How could have OP informed the T1E case worker? Are there any contact details?

Is this not something which their system will take care?

[CR001]

Hi CR001,

How could have OP informed the T1E case worker? Are there any contact details?

Is this not something which their system will take care?

Completely different departments. The OP should have informed both departments, FLR(FP) and Tier 1 Ent, to avoid this scenario.

[kaps84]

Thanks CR001, Do you mean simply write a letter at the same address where application was submitted for Extension? Or do you suggest anything else as well?

[CR001]

Thanks CR001, Do you mean simply write a letter at the same address where application was submitted for Extension? Or do you suggest anything else as well?

Yes and a copy of the application.

[Goldfisheroo]

Write to HO and explain that you varied your application before the refusal decision

Thankyou very much. My solicitor is of the opinion to go for AR so i don't fall out of section 3C protection and at the same time send PAP to HO arguing decision on TIEr1 is not required. I think writing a letter or writing PAP is same thing?

Also i am not sure if accepting request to vary an application in my case is discretionary or my right?

any past cases you can point to?

kind regards

Has HO responded to your varied application ? There are a few circumstances under which a varied application is not allowed - for example, if the decision had been made by the 6th of June. But, HO is expected to let you know and not deduct the fees.

NO Not yet. No acknowledgement of variation or biometrics letter from Home Office as yet.

[Goldfisheroo]

Thats okay. But i am thinking they refused u coz they knew u have varied ur application. They are very clever. But u are on safe side i think coz u varied before the decision.

Thanks. any past cases you can refer to?

[Goldfisheroo]

What is the attitude of Home Office in such cases?

Few weeks ago i read a similar story in which applicant threatened to take HO to court but can't remember what happened next. can't find that topic

kind regards

[hina_pirzada]

Hi have u filed ur AR?

[Momi]

What is the attitude of Home Office in such cases?

Few weeks ago i read a similar story in which applicant threatened to take HO to court but can't remember what happened next. can't find that topic

kind regards

Just send them the proof that you already varied your application.
I'm sure you will be fine.

[Goldfisheroo]

Hi have u filed ur AR?

Not yet.

[Goldfisheroo]

FLR FP acknowledgement letter and biometrics letter received dated 15th June.

[Goldfisheroo]

My solicitor is now proposing to file AR without including any hint of FLR FP application because we have already received acknowledgement of FLR FP application dated 15th June, 2018.

He suggests to let AR process to run its natural course, a refusal is certain by the end of July, 2018. He suggests take no action even after AR refusal until 10 August, 2018 when 10 years long residence will complete and then vary FLR FP to ILR Long Residence with a covering letter explaining the rule that date of posting of FLR FP (6th June, 2018) covers me under section 3c (provided FLR FP is undecided by 10 August, 2018).

any suggestions?

kind regards

[marcnath]

My solicitor is now proposing to file AR without including any hint of FLR FP application because we have already received acknowledgement of FLR FP application dated 15th June, 2018.

He suggests to let AR process to run its natural course, a refusal is certain by the end of July, 2018. He suggests take no action even after AR refusal until 10 August, 2018 when 10 years long residence will complete and then vary FLR FP to ILR Long Residence with a covering letter explaining the rule that date of posting of FLR FP (6th June, 2018) covers me under section 3c (provided FLR FP is undecided by 10 August, 2018).

any suggestions?

kind regards

It is an interesting approach and since I am not a solicitor or legally qualified in any way, I can't really judge.

However, it is an interesting approach. The immigration rules is clear in that you can have only one application at a time. By acknowledging the T1 extension after you have submitted the FLR(FP) appears to me that you are accepting that is the valid application - at least that is what I would argue if I was HO.

You may want to take a second legal opinion from a different solicitor

[hina_pirzada]

Hi just need to ask when u get acknowledgement letter of ur vary application what the letter says? It says about ur variation or not or its general letter