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Tier 2 Gen refused based on improper reason

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

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shanawaz77
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Joined: Thu May 10, 2012 5:34 pm

Tier 2 Gen refused based on improper reason

Post by shanawaz77 » Wed Aug 08, 2012 12:36 pm

Guy, I came in UK by Mar 2009 ICT and the visa was valid till Mar 2012 and I applied for the extension and I received the extension till Dec 2013.

I got a new sponsor in May so I applied for Tier 2 general and now the refusal letter states that I dont fall under the rule before 2009 or 2010 and they have not given right to appeal.

I'm bit worried . Please advise

shanawaz77
Junior Member
Posts: 58
Joined: Thu May 10, 2012 5:34 pm

Post by shanawaz77 » Wed Aug 08, 2012 7:15 pm

They mentioned in the letter they refused based on 245hd(b) and (c) but i qualify for switching in to tier 2 general.

Pls help

leedsguy
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Joined: Sat Jul 28, 2012 7:43 pm

Did you got any reply?

Post by leedsguy » Thu Aug 09, 2012 11:58 pm

I am also in a similar situation, looking to apply for a tier 2 general from tier 2 ICT. Did you got any clarity on the refusal?

shanawaz77
Junior Member
Posts: 58
Joined: Thu May 10, 2012 5:34 pm

Post by shanawaz77 » Fri Aug 10, 2012 3:33 pm

Crazy guys what they are considering is the last grant . I had my extension to the visa on Feb 2102 and they are saying as part of ur extension that is your last grant leave does not fall under rules before April 2010

I dont understand. I need to present to judicial review

rrprabhuram
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Post by rrprabhuram » Sun Aug 12, 2012 10:37 pm

shanawaz77 wrote:Crazy guys what they are considering is the last grant . I had my extension to the visa on Feb 2102 and they are saying as part of ur extension that is your last grant leave does not fall under rules before April 2010

I dont understand. I need to present to judicial review
Hi

This is absurd
The Gurus in the forums had mentioned all that mattered was the initial grant you had obtained and not the last grant.
I too fall under the same category. Obtained a Tier 2 - Established staff visa and later extended in Oct 2011 to Tier 2 ICT long Term. Looks like I too cannot switch to Tier 2 General.

Gurus, can you please clarify?

shanawaz77
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Posts: 58
Joined: Thu May 10, 2012 5:34 pm

Post by shanawaz77 » Sun Aug 12, 2012 11:38 pm

I'm very much worried i dont have any clue what i should do. They have not given appeal option slso. I'm planning to write a letter to homeoffice and if no response , pls guide me

shanawaz77
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Posts: 58
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Post by shanawaz77 » Sun Aug 12, 2012 11:42 pm

Pls advise. My current leave is till 2013 dec but Im not with my previous employer from this month. I had a good contract offer and now with out employer switch i dont know what i will do with my family with kids.

manci
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Re: Tier 2 Gen refused based on improper reason

Post by manci » Mon Aug 13, 2012 8:00 am

shanawaz77 wrote:Guy, I came in UK by Mar 2009 ICT and the visa was valid till Mar 2012 and I applied for the extension and I received the extension till Dec 2013.

I got a new sponsor in May so I applied for Tier 2 general and now the refusal letter states that I dont fall under the rule before 2009 or 2010 and they have not given right to appeal.

I'm bit worried . Please advise

They mentioned in the letter they refused based on 245hd(b) and (c) but i qualify for switching in to tier 2 general.
Have a careful look at Immigration Rule 245HD (b) and (c) to see what could have been the reason for the refusal.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

It wasn't a good idea to leave your previous employment before getting an approval letter for your new application.

shanawaz77
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Posts: 58
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Post by shanawaz77 » Mon Aug 13, 2012 10:05 am

Last grant leave Should be taken as initial grant not the
Extension made on initial applicatiin.

It looks a technical and logical error. Guys, sugfest what i can do now

manci
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Post by manci » Mon Aug 13, 2012 10:43 am

phone UKBA and ask for explanation.

rrprabhuram
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Post by rrprabhuram » Mon Aug 13, 2012 11:06 am

manci wrote:phone UKBA and ask for explanation.
Hi shanawaz77

Please keep us posted on your discussion with the UKBA

shanawaz77
Junior Member
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Post by shanawaz77 » Mon Aug 13, 2012 11:16 am

calling those idiots will not work out . I'm looking for good barristers to file a case to challenge that idiotic rule. Guys, if u know any barristers let me know

manci
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Post by manci » Mon Aug 13, 2012 1:39 pm

shanawaz77 wrote:calling those idiots will not work out . I'm looking for good barristers to file a case to challenge that idiotic rule. Guys, if u know any barristers let me know
No harm calling them If there was a genuine reson for the refusal they'll tell you, if not and they made a mistake they'll withdraw the decision.

shanawaz77
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Post by shanawaz77 » Mon Aug 13, 2012 2:00 pm

shall i call them at 0870 606 7766 . There is proper option available to discuss this matter .

shanawaz77
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Post by shanawaz77 » Mon Aug 13, 2012 2:02 pm

No proper option available to discuss the issue . I have pressed option 2 for return of documents. I'm in the Queue now , lets see how it goes

shanawaz77
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Post by shanawaz77 » Mon Aug 13, 2012 2:35 pm

they asked me to write to the case worked and explain the whole stuff. As I have the current leave till Dec 2013 so they did not give me appeal option . Lets see how it goes.

poper
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India

Post by poper » Mon Aug 13, 2012 3:54 pm

shanawaz77 wrote:they asked me to write to the case worked and explain the whole stuff. As I have the current leave till Dec 2013 so they did not give me appeal option . Lets see how it goes.
Hi shanawaz77

Keep us posted and all the best

manci
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Post by manci » Mon Aug 13, 2012 5:04 pm

shanawaz77 wrote:they asked me to write to the case worked and explain the whole stuff. As I have the current leave till Dec 2013 so they did not give me appeal option . Lets see how it goes.
write, email and fax the caseworker.
The fax number should be on the refusal letter.
The email address is firstanme.lastname@UKBA.gsi.gov.uk

shanawaz77
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Post by shanawaz77 » Mon Aug 13, 2012 6:28 pm

Thanks manci.

shanawaz77
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Post by shanawaz77 » Wed Aug 15, 2012 10:35 am

Looks, judicial review is the only solution. I'm going for it . I just want to know whether these things will have any impact on my current leave which i have till Dec 2013 ?

nit
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Location: UK

Post by nit » Tue Aug 21, 2012 4:15 pm

Hi shanawaz77,
I am in the same situation as yours but would like to know if we can extend our VISA again beyond 2013 Dec under Long term staff category.(not worried abt ILR though).Original grant was during Nov 2008 and the last extension was on Oct 2011.

Thanks,
Athvi.

shanawaz77
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Post by shanawaz77 » Fri Aug 24, 2012 1:12 pm

I'm confident that UKBA has made an error in deciding my case. I'm filing a notice against them. Will see what happens

poper
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India

Post by poper » Fri Aug 24, 2012 2:40 pm

shanawaz77 wrote:I'm confident that UKBA has made an error in deciding my case. I'm filing a notice against them. Will see what happens
Good. Please keep the forum posted

Thanks

ajaybabu007
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Post by ajaybabu007 » Thu Aug 30, 2012 6:11 pm

poper wrote:
shanawaz77 wrote:I'm confident that UKBA has made an error in deciding my case. I'm filing a notice against them. Will see what happens
Good. Please keep the forum posted

Thanks

I'm also in same situation.. shanawaz77... Please let us know the response which u got...

shanawaz77
Junior Member
Posts: 58
Joined: Thu May 10, 2012 5:34 pm

Post by shanawaz77 » Fri Aug 31, 2012 11:34 am

ajaybabu007 wrote:
poper wrote:
shanawaz77 wrote:I'm confident that UKBA has made an error in deciding my case. I'm filing a notice against them. Will see what happens
Good. Please keep the forum posted

Thanks

I'm also in same situation.. shanawaz77... Please let us know the response which u got...
What is your situation. Have u applied switching from Tier 2 ICT to Tier 2 G. can u please let me know what is that happened with u

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