ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier-1extension refusal

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

Locked
tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Tier-1extension refusal

Post by tier-1 » Mon May 16, 2011 9:59 pm

My tier-1 extension application has been refused on grounds of insufficient funds for a couple of days in January. Further the letter says that under Section 82 of national immigration and asylum act, I am not entitled to appeal where an applicant still has leave to enter or remain in country.

Are they right in saying that I do not have righ to appeal or it is just thier statemennt which can be challenged through MP or ombudsmans office.

Also I had sent my bank statements later on, after my PEO at Croydon office. Can the home office disregard these documents sent later?

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London
United Kingdom

Post by rizwan567 » Mon May 16, 2011 10:06 pm

What date did you make your application?
What date is your HSMP visa expiring/expired?
What is the date of decision letter?
What date did you receive your documents in post?
What date did you send your additional docs?

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Mon May 16, 2011 10:11 pm

rizwan567 wrote:What date did you make your application?
What date is your HSMP visa expiring/expired?
What is the date of decision letter?
What date did you receive your documents in post?
What date did you send your additional docs?
Thanks mate for reply.

In person Application Date - 5 April
Expiry date - 24 May
Decision letter - Today
Additional docs sent - two weeks back. Dont remember the exact date

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

Re: Tier-1extension refusal

Post by geriatrix » Mon May 16, 2011 10:52 pm

tier-1 wrote:Are they right in saying that I do not have righ to appeal
Yes.
Life isn't fair, but you can be!

Bijuk
Member
Posts: 112
Joined: Thu Aug 13, 2009 12:18 pm

Post by Bijuk » Mon May 16, 2011 10:53 pm

tier-1 wrote:
rizwan567 wrote:What date did you make your application?
What date is your HSMP visa expiring/expired?
What is the date of decision letter?
What date did you receive your documents in post?
What date did you send your additional docs?
Thanks mate for reply.

In person Application Date - 5 April
Expiry date - 24 May
Decision letter - Today
Additional docs sent - two weeks back. Dont remember the exact date
you have valid visa till 24th May..i think you can make a fresh application if you can stisfy the required points for extension.seniors ..please correct me if i am wrong

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Re: Tier-1extension refusal

Post by tier-1 » Mon May 16, 2011 11:40 pm

sushdmehta wrote:
tier-1 wrote:Are they right in saying that I do not have righ to appeal
Yes.
Thanks Sushdmehta, Then they can always say that the applicant does not have right to appeal. In what case is right to apeal granted.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: Tier-1extension refusal

Post by Greenie » Mon May 16, 2011 11:50 pm

tier-1 wrote:
sushdmehta wrote:
tier-1 wrote:Are they right in saying that I do not have righ to appeal
Yes.
Thanks Sushdmehta, Then they can always say that the applicant does not have right to appeal. In what case is right to apeal granted.

You get a right of appeal when the law dictates you should have one it is not the UK border agency's decision. You didn't get a right of appeal because following the refusal of your application you still have leave to remain in the UK.

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Re: Tier-1extension refusal

Post by tier-1 » Tue May 17, 2011 12:26 am

Greenie wrote: You get a right of appeal when the law dictates you should have one it is not the UK border agency's decision. You didn't get a right of appeal because following the refusal of your application you still have leave to remain in the UK.
.

But if I did not have leave to remain, would I not have to leave immediately? I am going to apply this week itself, but if they reject again and by that time my visa, which is valid till 24 May, expires, Can I stay in UK while my appeal is in progress?

Also can they reject my application on grounds which result from human error in filling the application?

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Re: Tier-1extension refusal

Post by tier-1 » Tue May 17, 2011 10:44 am

Hello Greenie,

Please answer my query.

Thanks for your help on this, mate.

Cheers.

mtuckersa
Member of Standing
Posts: 353
Joined: Sun Jul 04, 2010 8:46 pm

Re: Tier-1extension refusal

Post by mtuckersa » Tue May 17, 2011 10:47 am

tier-1 wrote:My tier-1 extension application has been refused on grounds of insufficient funds for a couple of days in January. Further the letter says that under Section 82 of national immigration and asylum act, I am not entitled to appeal where an applicant still has leave to enter or remain in country.

Are they right in saying that I do not have righ to appeal or it is just thier statemennt which can be challenged through MP or ombudsmans office.

Also I had sent my bank statements later on, after my PEO at Croydon office. Can the home office disregard these documents sent later?
You see here is another one

http://www.immigrationboards.com/viewtopic.php?t=77678

'one thing i just never understand and i see this time and time again and that is people applying for Tier 1 seem to ALWAYS apply with the absolute minimum requirement.

what i mean is that if they need 90 days maintenance requirement of £800 people submit 90 or 91 days with £801 in their accounts. You know if you are gonna apply like that and you get refused because you messed up a day here or there then you kind of got to look back at yourself and say ' am i not an idiot?'

why not just have a buffer, you know have extra money in your account and extra statements like 4 or 5 months maintenance, then the case worker will look at your application and not even question anything or look for mistakes or faults to refuse your applications.

your are tier 1 you should be able to have more than £800 in an account not so?? now i am not directing this at the original poster necessarily but rather the heaps of applicants who keep getting refused cos they applying with the ABSOLUTE minimum requirements.

I see stories, arrrrhhh I had £800 on Monday then i drew £20 and deposited £40 back the same day and now they refused my application cos it was £780 temporarily and the £40 was only credited the next day blah blah blah!! You know you just got to be an idiot if you are playing with your extension by the skin of your teeth. For bloody sake just put £2000 in your account rather than £800 and then you will never have problems with your application. The case worker will also look at it and think ' ok this guy has more than enough money', and not look for faults.

Anyways this is just something I have noticed over the many months, and I genuinely dont feel pity for anyone who gets refused cos they went on the absolute min requirements!!'

xpscapable
Member
Posts: 196
Joined: Tue Feb 24, 2009 2:14 pm
Australia

Re: Tier-1extension refusal

Post by xpscapable » Tue May 17, 2011 11:13 am

tier-1 wrote:Are they right in saying that I do not have righ to appeal or it is just thier statemennt which can be challenged through MP or ombudsmans office.
Yes, that's how it is. If your visa is still valid you're not given the right to appeal.

I had the same case 2 years ago on my 1st extension. Application was rejected (case worker error). So I re-applied.

Once that was approved, I sent a letter to UKBA explaining my case highlighting where the case worker made the error and requested a refund for the initial application fee.

I took a few months, but one day a a £820 cheque appeared on my mail. No explanation and a letter saying here is a refund.

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

Re: Tier-1extension refusal

Post by geriatrix » Tue May 17, 2011 11:21 am

tier-1 wrote:But if I did not have leave to remain, would I not have to leave immediately?
Not if you submit an appeal against the refusal within the stipulated time. In such case, section 3C will make your (expired) leave extant.
tier-1 wrote:I am going to apply this week itself, but if they reject again and by that time my visa, which is valid till 24 May, expires, Can I stay in UK while my appeal is in progress?
Yes.
tier-1 wrote:Also can they reject my application on grounds which result from human error in filling the application?
Yes and why not, but would depend on the nature of human error in question.
Life isn't fair, but you can be!

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

Post by geriatrix » Wed May 18, 2011 12:04 am

tier-1 wrote:Hello All,

Can I send additional documents in appeal or does it need to be the same as that sent with the application?

In case my tier-1 extenstion re-appplication is rejected and my visa expires by then, then will I have the right to appeal?

Also will I have the right to work when I make an appeal?

Thanks.
1. New evidence is acceptable, subject to 85(4), unless 85A is in force.
2. Yes.
3. Click on the link provided in my post above and read the information therein.
Life isn't fair, but you can be!

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Wed May 18, 2011 10:22 am

Is http://www.ukvisas.gov.uk an official website?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed May 18, 2011 10:57 am

tier-1 wrote:Is http://www.ukvisas.gov.uk an official website?
yes - for applications from outside the UK.

Locked