CLARIFICATIONS ON PANKINA REVIEW: tier-1 refusal

[SpokenHands]

Hello:

My Tier-1 application (and those of 3 dependants) was refused in Jan 2009 for not meeting the maintenance fund requirement for a few days. We switched thereafter to a Tier-2 work visa (out of country application, following resident labor test being conducted, valid to 2012).

I now understand I am eligible for a reconsideration of this refusal under the Pankina case precedent (this has been independently verified by a leading immigration law firm). I intend to make this application in Jan 2011 as I currently need my passport for business travel that cannot be deferred.

I have 3 questions for those of you who have had successful reconsideration of previous visa-refusals owing to maintenance funds only [Pankina]

1. As the application is treated as a 'switching application', did your new visa start from the original date (around refusal) OR from date of re-consideration?

2. For Tier-2, I needed to make an out-of-country application ( was out of the country for 30 days). If my re-consideration request is successful, will this period spent out of the country be ignored for immigration status continuity purposes - I am concerned I will lose the first 2 years spent on HSMP/Tier 1 before the refusal happened towards consideration of ILR tenure?

3. Finally, the Visa Officer made a annotation on my passport (on one page, in pen, my refusal case no. was written) when the visa had been refused that always raises questions years after? In case there is a successful outcome, can I request that this annotation on my passport page be officially cancelled?

4. Finally, just to confirm, all that you need to submit is a letter requesting reconsideration (citing details of course), passport photographs, passports? Do you re-submit the maintenance funds statements despite the guidance saying explicitly that no new evidence is required?

Thank you for your time and effort with your response. Much appreciated in advance.

[SpokenHands]

For successful Pankina reviews of Tier-1 refusals:
Is the new visa from original date OR from current date of application?

Thank you.

[geriatrix]

17. A request by a migrant for a previously refused application to be reconsidered under this policy will be treated as an application to switch from the migrant’s current leave to the leave granted as a consequence of the previously refused application.

In other words, from the date when decision on the review application is reached.

But you may request UKBA for a letter to confirm continuity of residence in UK (from 2009 till date of review decision) because had you not been refused you wouldn't have to change to Tier 2 or go back to home country to undertake the change.


regards

[geriatrix]

Similar case (tip: follow the links).


regards

[SpokenHands]

Thank you for your time and efforts, much appreciated