App Rejected but Found Errors done by HO..what should I do?

bizmuk · Post by **bizmuk** » Fri Jan 30, 2009 3:16 pm

Hi,

I have recently received a letter stating that my application for Tier1 (General from UK) has been rejected. In the letter sent to me, I have noticed major errors done by the officer who processed my application. I am convinced that these are errors.

For Example: I have provided two pieces of evidence for Past Earnings Bank Statements and Payslips. The officer has calculated my Net Salary from my Bank Statements and not the gross salary stated in my Payslip and therefore awarded me half the points I could have claimed. For proving maintenance, I had provided Halifax ISA Statement as a proof for maintenance, they have not said if that piece of evidence is acceptable or not. There are some more.

ANy suggestions on what I can do now? Can I request them to review my application again...any experince regaridng this?

Thanks
Bmm

ch15 · Post by **ch15** » Fri Jan 30, 2009 3:39 pm

obviously you have a point there,
seek legal advise from immigration lawyer and launch an appeal!

good luck

hsmp28122006 · Post by **hsmp28122006** » Fri Jan 30, 2009 3:39 pm

bizmuk wrote:Hi,

I have recently received a letter stating that my application for Tier1 (General from UK) has been rejected. In the letter sent to me, I have noticed major errors done by the officer who processed my application. I am convinced that these are errors.

For Example: I have provided two pieces of evidence for Past Earnings Bank Statements and Payslips. The officer has calculated my Net Salary from my Bank Statements and not the gross salary stated in my Payslip and therefore awarded me half the points I could have claimed. For proving maintenance, I had provided Halifax ISA Statement as a proof for maintenance, they have not said if that piece of evidence is acceptable or not. There are some more.

ANy suggestions on what I can do now? Can I request them to review my application again...any experince regaridng this?

Thanks
Bmm

Your case looks to be strong, I would suggest do appeal if you have got the right to do so.

bizmuk · Post by **bizmuk** » Fri Jan 30, 2009 4:47 pm

I dont have the right to Appeal. I can ask questions to be sent an address.

Any good Immigration lawyer that you can recomend.BMM

priya_bhosale · Post by **priya_bhosale** » Fri Jan 30, 2009 8:25 pm

What does the letter exactly say? Why dont you have the right to appeal?

drjabberwocky23 · Post by **drjabberwocky23** » Fri Jan 30, 2009 9:08 pm

bizmuk wrote:I dont have the right to Appeal. I can ask questions to be sent an address.

Any good Immigration lawyer that you can recomend.BMM

Eh?! How come they haven't given you the right to appeal? Something's rotten in the state of Denmark...

T_mahmood · Post by **T_mahmood** » Sat Jan 31, 2009 8:20 am

Hi

You should request for review. Prepare your points on the grounds of refusal and send it to HO. I am sure you would have right of 'REVIEW' like everyone else.

bizmuk wrote:Hi,

I have recently received a letter stating that my application for Tier1 (General from UK) has been rejected. In the letter sent to me, I have noticed major errors done by the officer who processed my application. I am convinced that these are errors.

For Example: I have provided two pieces of evidence for Past Earnings Bank Statements and Payslips. The officer has calculated my Net Salary from my Bank Statements and not the gross salary stated in my Payslip and therefore awarded me half the points I could have claimed. For proving maintenance, I had provided Halifax ISA Statement as a proof for maintenance, they have not said if that piece of evidence is acceptable or not. There are some more.

ANy suggestions on what I can do now? Can I request them to review my application again...any experince regaridng this?

Thanks
Bmm

bizmuk · Post by **bizmuk** » Sat Jan 31, 2009 5:51 pm

I called up HO and spoke to a person from the Sheffiled office. She advised me to send the documents to the officer who had reviewed my documents.

I am converting my Work Permit to HSMP- Tier 1. Since my work permit is valid till 2012 I do not have the right to appeal. The letter states that this is according to the Section 82 of Nationality and Immigaration and Asylum act 2002 does not provide a right to appeal where applicant still has leave to enter or remain in the UK.

I will keep the forum posted on developments so that we can all gets something out of this. BMM

anirban_paul · Post by **anirban_paul** » Sat Jan 31, 2009 7:30 pm

bizmuk wrote:I called up HO and spoke to a person from the Sheffiled office. She advised me to send the documents to the officer who had reviewed my documents.

I am converting my Work Permit to HSMP- Tier 1. Since my work permit is valid till 2012 I do not have the right to appeal. The letter states that this is according to the Section 82 of Nationality and Immigaration and Asylum act 2002 does not provide a right to appeal where applicant still has leave to enter or remain in the UK.

I will keep the forum posted on developments so that we can all gets something out of this. BMM

How long your application decision took? when did you apply and when did you get the decision?

bizmuk · Post by **bizmuk** » Sat Jan 31, 2009 8:40 pm

Applied 2 Dec got letter on the 14th of Jan

1971 · Post by **1971** » Sun Feb 01, 2009 7:18 am

Hi Biz,

It's quite unfortunate that this sort of thing happened to you.But I believe that if you can coincisely and clearly state your concerns and point out the errors in the decision by writing a letter for a review to the Caseworker Manager at the HO before the end of 28 days that the decision was made,your case will be treated. You dont need to use any form and do not send any documents.But refer to all the documents you sent earlier on and also refer to the guidance rules and sections which state that gross salaries will be considered and not net pay. Make your case as clear as possible. I believe that your case will be reviewed and if all your claims are correct,HO will make amendments.

I wish you the best.

Cheers,
1971.

If you believe,you can win.

hsmp28122006 · Post by **hsmp28122006** » Sun Feb 01, 2009 8:57 am

1971 wrote:Hi Biz,

It's quite unfortunate that this sort of thing happened to you.But I believe that if you can coincisely and clearly state your concerns and point out the errors in the decision by writing a letter for a review to the Caseworker Manager at the HO before the end of 28 days that the decision was made,your case will be treated. You dont need to use any form and do not send any documents.But refer to all the documents you sent earlier on and also refer to the guidance rules and sections which state that gross salaries will be considered and not net pay. Make your case as clear as possible. I believe that your case will be reviewed and if all your claims are correct,HO will make amendments.

I wish you the best.

Cheers,
1971.

If you believe,you can win.

Do we have right to "review" in hsmp->tier1 extension rejections? How long does the process last?

bizmuk · Post by **bizmuk** » Mon Feb 02, 2009 10:05 am

Thanks for the advice. I am sending a letter today. Thanks Biz

Post by **geriatrix** » Tue Feb 03, 2009 2:51 am

hsmp28122006 wrote:
Do we have right to "review" in hsmp->tier1 extension rejections? How long does the process last?

A review is only applicable to Tier 1 applications (initial) applied for from outside UK.

In country applications are subject to appeal (and that too is conditional). Your rejection letter will inform you if you have the right to appeal or not.

regards

priya_bhosale · Post by **priya_bhosale** » Tue Feb 03, 2009 12:11 pm

sushdmehta wrote:
hsmp28122006 wrote:
Do we have right to "review" in hsmp->tier1 extension rejections? How long does the process last?
A review is only applicable to Tier 1 applications (initial) applied for from outside UK.

In country applications are subject to appeal (and that too is conditional). Your rejection letter will inform you if you have the right to appeal or not.

regards

Do you know what are the factors on which the right to appeal depends on?

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App Rejected but Found Errors done by HO..what should I do?

App Rejected but Found Errors done by HO..what should I do?

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Re: App Rejected but Found Errors done by HO..what should I