ILR Refused due to UKBA error, current leave expires 1wk

[MeganJane]

Hi All,

I want to firstly say thank you to you all for sharing your experiences - this forum has been such a help in preparing for my ILR application.

I've held off posting on this forum as I haven't wanted to waste your time and was hoping I could sort this out myself, but I'm a bit stuck on what to do now.

My Circumstances:
- Nationality: Australian
- Entered UK September 2006 on a Working Holiday Visa
- Applied for HSMP July 2007, age 27 (which was approved)
- First granted leave to remain as HSMP 17 December 2007
- Next granted leave to remain as Tier 1 (General) Migrant January 2010
-> 5 year date for ILR: 17 December 2012
- Cardiff PEO appointment 29 November 2012 to apply for ILR Form SET(O)
- ILR refusal letter received 22 December 2012

Details of my ILR Application:
- Age at application for HSMP: age 27 (20 points)
- Qualifications: Bachelor Degree (30 points)
- UK Experience: Extensive (5 points)
- Earnings in the 12 months leading up to ILR application: £23,115.05 (20 points)
-> Total: 75 points (the correct points required)

I submitted a Life in the UK pass certificate, and had not left the UK for more than 180 days in the 5 year qualifying period.

Cardiff PEO Appointment went well, my caseworker told me that if I had had a normal salaried job then he could grant my ILR on the day, but as I have my own business he needed to send my application to Sheffield for my income to be verified, and that it would take approx. 2 weeks to get my visa.

ILR Refusal letter received 22 December 2012 stating (with the incorrect grammar):
"You have stated on your application form that you were 28 years of age at the time you application for leave to remain as a Tier 1 General Migrant was lodged on 04 December 2009/ As a result you have claimed 20 points towards the required total of 75 points. When your application was assessed as a tier 1 General Migrant at leave to remain stage you were 30 years of age. This resulted in you being awarded 10 points towards the 75 points requirement...

As a result of this, you are only able to demonstrate a total of 65 points against the required total of 75 points stated above under Paragraph 245CD (d) of the immigration rules.

For the reasons outlined above, your application for indefinite leave to remain as a Tier 1 General Migrant is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 245CD (d) of HC395 (as amended).

You still have leave to remain until 27 January 2013 where your current conditions continue to apply and you are not required to leave the United Kingdom as a result of this decision. Yours sincerely..."

I have confirmed with the UKBA Call Centre, a number of solicitors and immigration advisors, and your forum that I do score 20 points for age at application for HSMP, not age when transferred onto Tier 1. Another person on this site, with exactly the same circumstances as myself, has also received this confirmation in writing from the UKBA:
http://www.immigrationboards.com/viewtopic.php?t=98170

Action I have taken:
- Written back to the Caseworker who made this decision and explained that I believe I score 20 points for age, citing the relevant parts of the Immigration Directorate Instructions Chapter 6A and Points Based Calculator (with a complete copy of my application/supporting documents).
- Contact multiple solicitors, who report that at this stage they are unable to help as a letter from them will not change the fact that my lawful right to remain in the UK expires on the 27th January, in 1 week's time.
- Contacted my MP, who has written to the UKBA on my behalf requesting they reconsider my case in light of the information provided.
- Emailed the UKBA complaints team and enquiries team also requesting the same.

With just one week to go now, I would like your advice on what I should do. If I do not receive any response from the UKBA next week, I become an overstayer on the 27th January. There seems to be no doubt that it is because of an error on UKBA's behalf, however it means that I will not be able to work after 27th January until the matter is resolved, nor travel to see my family. It also has massive implications for my business and home, with the mortgage for my first home unable to go through until my ILR is granted.

Additionally, I had a tumour removed October 2011 and was unable to sit up until February 2012. I worked 7 days a week since this time sleeping only a few hours a night to make sure I still met the income requirements (which I managed to do with only part of a year's income), but was also advised by UKBA call centre staff that even if I didn't make the income requirements I would be ok as they understand that people get sick, and as long as I was earning the same amount now as when I last applied (I was earning more now than at the times of my last two applications) then I would be fine. I submitted a folder of medical documents with my application and discussed this with my caseworker in Cardiff, but did not ask for special consideration as I had met the requirements without it.

My options as I understand them are:
1. Wait for a response from UKBA and become an overstayer. If the response is not positive, then go to a Judicial Review. This means I cannot work after 27th January for an unknown period of time, and will cause trouble for my business / home.
2. Resubmit an identical application by post or in person at another PEO appointment. I have hardly worked since 22 December as I have spent every waking moment trying to sort this out, so my income for December and January is low. Also, I see UKBA now require maintenance funds of £900 for the 3 months leading up to ILR application. I have this in an Australian Bank account, and have called my bank last night asking they urgently post me a statement for January 2013 which they have done, but have warned it may take 6 working days to get to me here in London.

The UKBA call centre confirm that this is an error, but insist that they do not have access to my file, and that they cannot transfer me through to anyone who can help, and do not have the contact details of a single person in the home office.

Please advise what do I do now. I feel overwhelmed and your advice is gratefully appreciated.

Many, many thanks

Megan





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[vks]

Options that I think of, as the time is limited for you to deal with the issue on hand, and not breaching any rules (though you were not at fault and no clear idea of what could be done in this circumstance):
- If you get a PEO appointment, then please re-submit
- Otherwise post another application (I recommend not to wait until last day)

Also, there is no maintenance requirement for ILR. So you do not need to need to wait for the bank statement from Australia.

Note:
The process of claiming back your money for the invalid application should be in the back-ground and you should follow the complain procedure.

[ilrupdates]

can seniors reply who were saying that age points are awarded on the basis of First application please.
Thanks

[cs95tdg]

I think the OP has already established that the UKBA have made an error in their initial decision to refuse the application on the grounds stated. The issue that remains is "What is the quickest means to ensure that the OP retains the right to work (& income), i.e. leave to remain after 27th January 2013", until such a time that the UKBA re-evaluate their initial decision.

OP, you mention that you received the decision on 22 December 2012. Can you confirm when you took the action you have mentioned below? This is to determine how much time has elapsed since that date:

Action I have taken:
- Written back to the Caseworker who made this decision and explained that I believe I score 20 points for age, citing the relevant parts of the Immigration Directorate Instructions Chapter 6A and Points Based Calculator (with a complete copy of my application/supporting documents).
- Contact multiple solicitors, who report that at this stage they are unable to help as a letter from them will not change the fact that my lawful right to remain in the UK expires on the 27th January, in 1 week's time.
- Contacted my MP, who has written to the UKBA on my behalf requesting they reconsider my case in light of the information provided.
- Emailed the UKBA complaints team and enquiries team also requesting the same.

In terms of options, I can think of none, other than those suggested by vks, which appear to be valid ones given your circumstances and the limited time you have until your current LTR expires. I would suggest option one (- If you get a PEO appointment, then please re-submit) as the preferred one, if you are able to secure a PEO appointment, all be it with the immediate application fee that you will need to bear. (Note that SET(O) appointments may appear in the next few days due to applicants rescheduling/cancelling before the 48 hour deadline given for rescheduling/cancelling online appointments, so it would be worth keeping an eye out for any of these during the week) I would urge you to read through the formal complaints procedure and find out the steps you would need to take to claim back your original application fee due to the UKBA error.

Note, I agree with vks that there is no maintenance requirement for ILR, so you will not need to wait for 3 months of bank statements as you have stated.

[cs95tdg]

OP, one question I forgot to ask. Were you given the right to appeal against the decision, in your refusal letter? And if so was this done?

My thought here is that, while an appeal is pending, you would be covered by Section 3C of the Immigration Act 1971 until a decision is made on the appeal: http://www.legislation.gov.uk/ukpga/1971/77/section/3C

If so then, you can disregard my previous response.

EDIT: Please ignore this post, due to the correction mentioned in the subsequent post. You would not have the right to appeal as you had leave to remain in the UK at the time the application decision was given.

[wpilr_nov12]

OP, one question I forgot to ask. Were you given the right to appeal against the decision, in your refusal letter? And if so was this done?

My thought here is that, while an appeal is pending, you would be covered by Section 3C of the Immigration Act 1971 until a decision is made on the appeal: http://www.legislation.gov.uk/ukpga/1971/77/section/3C

If so then, you can disregard my previous response.

There is no right of appeal when the current visa still has life left on it.

[cs95tdg]

Yes that's true, my mistake. Apologies if that caused any confusion and thanks for correction wpilr_nov12.

[MeganJane]

Hi All,

Awww I'm blown away! Thank you so much for your replies An email just came through now - I'm not sure how I missed this all earlier. Thank you

I'll start at the top:

@Vks
Thank-u for your answer I've managed to get a PEO appointment at Solihul for this Wednesday. From what I can tell, they may be able to deal with self-employed / sole director of your own business income on the day? (Fingers crossed! I'm very keen to be able to discuss any issues in person this time rather than my case being sent off elsewhere, given what happened last time)... Should I be trying to get an appointment for Friday instead, just in case a letter arrives in the post this week saying that everything's resolved? (I've been hoping for this letter for weeks now, but no luck so far ).

Thank you also for letting me know that there's no maintenance requirement - I think I had misunderstood when completing the Points-based calculator after accessing it from the "settlement" page, but can see now that the "settlement" pages states to ignore maintenance funds and english language requirement.

I hadn't even thought about the process of claiming my money back - I shall look into the official complaints procedure now. I've found that the complaints links on the UKBA website do not work ("Gateway timeout"), but found a complaints team email address on this forum, and sent the same email to the UKBA enquiries team also. I'll look at what else I have to do.

Many many thanks again

@ilrupdates
Thank you also I've gone through all the rules (p8 of the Immigration Directorate Instructions, the Points-based Calculator including help boxes, and the UKBA website), and have confirmed with the UKBA call centre, and two solicitors that I score points for age at application for HSMP. I am taking all the legislation with me, highlighted, to my PEO appointment this Wednesday to address it directly. I think my caseworker in Cardiff knew how to score my points for age as this never came up as an issue in my interview - it appears to be an overzealous caseworker in Liverpool the week before Christmas who made the error... I just wish he'd fix it! Thank you for your help

@cs95tdg
Thank you very much for your reply

- I received the decision on 22 December 2012
- I started researching / composing my letter back to the caseworker that day, but was advised by my family and work colleagues not to send it myself, but to instead put everything together and give it to a solicitor to write to the UKBA on my behalf. Being Christmas, everyone was closed. I have all the phone records / email records / computer records showing immediate action though.
- I wrote the letter to the caseworker 26 December 2012, posted it 28 December 2012 by special delivery (so within 1 week, or 3 business days).
- I called and emailed a multitude of solicitors from the 24 December 2012, but none answered until 2nd Jan when they reopened after Christmas (other than to call me back to let me know that they only deal with Corporate etc law).
- I thought that then I would be able to get a letter from a good solicitor once the firms reopened after Christmas. I finally spoke with a solicitor on the 2nd Jan - she was helpful, and informed me that my MP was the only option, as a letter from a solicitor would not change the fact that my lawful right to remain in the UK expires on the 27th Jan, and that the UKBA were unlikely to respond to her letter in time.
- I wrote to my MP that day, on the 2nd Jan, emailed the letter that night and posted it Special Delivery the next day.
- I spoke with my MP's secretary on the 3rd Jan who informed me that my MP was still on holidays until the following Monday (7th Jan).
- I spoke with my MP's senior caseworker on Monday 7th Jan when he returned from holidays, who informed me that he had forwarded my case onto my MP who would be writing to the UKBA that week on my behalf.
- I received a letter from my MP three days later dated the 7th Jan informing me that she had written to the UKBA, and would let me know as soon as she hears anything back. So it sounds as though she wrote to them the day she came back from holidays, bless her!
- I spoke with another solicitor on the 5th Jan who was the person who suggested resubmitting with a very good cover letter if I didn't hear anything back by the 20th Jan. He said that he's had other cases with exactly the same error, and that even if the UKBA make the same error with my age on this application (which hopefully they won't), that this time I'd get the right for appeal, and will definitely win then.
- I had been trying all the complaints links on the UKBA website, however they appear to be broken, and go to a "Gateway timeout" page. Through searching your forum I found the complaints team's email address, and the UKBA enquires email address, and so emailed those teams on the 9th Jan.
- Since then I have continued contacting Citizen's Advice Bureaus (cannot help - Walthamstow is the only one that receives funding for Immigration and only sees people who live in that borough), solicitors, and anyone else who may be able to help, to no avail. I have called the UKBA call centre countless times also (this will all be on my phone records), again to no avail.

I have managed to get a PEO appointment for this Wednesday at Solihull - would this be best (are they able to possibly process applications with self-employed earnings on the day?), or would you recommend trying to get an appointment at either Sheffield (as this was where the Cardiff caseworker said he was sending my application to verify my earnings) or Liverpool (as this was where the mistake was made)? Should I try to get an appointment for Friday instead of Wednesday, in case I receive a letter from the UKBA this week saying the matter has been resolved?

I will read through the formal complaints procedure now to find out what steps I will need to take to claim back my original application fee. Also, thank you for confirming that there is still no maintenance requirement for ILR. And yes as you say, I was given no right for appeal as my current leave has not yet expired.

Many, many thanks for all your help The work you do is invaluable - I cannot imagine how you manage to do all this without reward. Thank you so much

@wpilr_nov12
Thank you for your help Yes that is correct - I received no right for appeal as my current leave has not yet expired. Very frustrating that they do this when your current leave is nearly up! I feel very positive now after all your responses though - it sounds as though I am on the right track It has seemed so silly to me that it takes so much to resolve a simple admin error - this month has been an absolute nightmare. Thank you.

@ilrupdates
Thank you for your 2nd message - for some reason this is the first notification that has come through to my email.

I have confirmed from many places that it is a mistake, including the UKBA call centre and solicitors, but have nothing in writing from the UKBA to confirm that this is the case, so still feel worried about my PEO appointment this Wednesday.

I have printed and highlighted the relevant sections of the the Immigration Directorate Instructions Chapter 6A (page , I have completed the Points-based calculator and printed each page along with the help boxes confirming to take my age at application for HSMP, the "Scoring points for age" page of the UKBA website, and letter from the UKBA cited in this forum post http://www.immigrationboards.com/viewtopic.php?t=98170. I hope this will be enough for them? I have considered calling the UKBA call centre again and recording the call of them confirming again that I definitely score 20 points for age. Would this be worthwhile?

I am taking every possible piece of business-related paperwork with me also (as I did last time), in the hope that they may be able to grant my ILR on the day. I am submitting this application with an identical time period as the last, so my income for this period should hopefully be considered as already verified, as there is no mention of an issue with it in UKBA's refusal letter. Is it possible for Solihul to grant ILR on the day for a person with self-employed earnings?

Many, many thanks to you all for your help. I am blown away by your responses. Sending best wishes to all on this snowy Sunday

Meg x

[MeganJane]

Hi All,

Just one last thought - may I please confirm that the UKBA call centre are definitely not able to transfer my call or take a message / email anyone to have this error corrected? It seems madness to be taking a month off work, going to all these lengths and resubmitting an identical application, all to correct a simple admin error. There is definitely no place I can go, no-one I can call, and nowhere I can email to have this error corrected? (I have tried everywhere I can think of, but just wanted to make sure there isn't something obvious that I'm missing?).

Many, many thanks again

Meg x

[cs95tdg]

From what you have stated, it appears that you have indeed already done what you can to escalate & push forward the reconsideration of your application. If you had more leave to remain it would have been a matter of following-up/chasing and waiting for them to acknowledge the error and get back to you (I recall reading another post on this forum in the past where the UKBA made an error on the points awarded for age, this was either a T1G extension or ILR application. But as it's been a while I can't remember how long it took for the error to be corrected and what specific steps were taken – you might want to search the forum to see if you can find the post). It's good to see that your MP has written to them (& acted swiftly on your behalf), which will hopefully make a difference, but unfortunately there is no way of knowing how long it will take for the UKBA to respond.

As your current LTR expires on the 27th, I'd personally say that you would be better off taking the appointment you have for Wednesday, rather delaying the application a couple of days until Friday. But that's just a personal opinion where I generally wouldn't leave my application until the last possible date - E.g. in case I'm unable to make the application for any reason, be it the weather or the PEO Centre cancelling appointments due to any reason. If you don't mind the option of applying via post however, then this would not matter – Note you do still have this option where you would be covered by S3C to remain and work in the UK until the UKBA make a decision after your current LTR expires (but this would mean you would have a long wait with no passport). Solihull PEO would be a good option IMHO, as they check and assess your application before payment. My understanding is that they do assess self-employed applications, but will leave this for someone else to confirm as I do not know for sure. This new application you make will be assessed independently to the former application you made, so you should go to a PEO where you can secure an appointment, which is convenient to you, and which considers self-employed earnings. The only one I am aware of which doesn't is Glasgow, but there may be others, so wait for others to comment.

As for the UKBA helpline and actually getting through to speak to someone who gives you correct information. This can be rather a hit or miss experience. Personally I have never managed to use the phone helpline to get any meaningful information. I have always resorted to email, where I've had much better luck (Note though, responses are not necessarily quick). I am however not aware of anyone specific you can call or email directly at the Home Office/UKBA to quickly fix this issue. I understand how frustrating it can be, especially when the error is something so fundamentally simple, and could be corrected relatively quickly, but unfortunately anything to do with the Home Office immigration process takes time, which in your case has a significant impact. I hope everything works out for you and wish you luck. Do let us know how you get on.

[SU2012]

Megan,

Solihull PEO accepts self Employed earnings. Please see the success story here

http://www.immigrationboards.com/viewtopic.php?t=123313

Hope you get your ILR on Wednesday. All the very best.

[wpilr_nov12]

If you are going to Solihull, you might want to discuss your situation with the CW there. Solihull is one of the highly ranked in surveys (from leaflets posted on wall there) for customer service.

I have a feeling they will work it out for you for no additional cost. But again, experience shows that you don't pay unless approved (pending Biometrics and criminality/background check) at Solihull.

Good luck.

[wpilr_nov12]

Curious about the outcome from today's Solihull appointment.

[[iD]]

OK it does look bad but rest assured that you get same point for age as your first Tier 1/ HSMP application.
As linked by OP I have confirmed it with UKBA.
Also if you look at points based calculator it specifically states

If you are in the UK and are applying to extend your stay you can score up to 20 points for your age. You should use your age at the date of your application for your first permission to stay as a Tier 1 (General) migrant, as a Highly Skilled Migrant, as a Writer, Composer or Artist or Self-Employed Lawyer. Please refer to the Tier 1 (General) policy guidance for details of the points that you can score for age.
If your first application was to the HSMP this will be the date that you applied for your HSMP approval letter, not the date that you applied for your leave.

OK Just noticed that you booked an appointed for today, hope it went well this time

[ilrupdates]

Hi MeganJane any update on your case please???

[MeganJane]

Hi All

ILR Granted!!!!! (The quick summary - details below for those who are interested xxx

My apologies for being so quiet since last week - I've been in a blurry haze! I didn't sleep Tuesday night as the new application form requires quite a lot of additional information / documentation (proof of what you were doing each time you left the country in the past 5 years, even if under 180 days total etc)... So have been in a daze / sleeping / recovering since.

From the moment I arrived at Solihull the staff were absolutely wonderful. Greeted me at the door with honest, genuine smiles, helped me wipe the mud off my folder that I'd dropped in the snow.

My caseworker was fantastic. He initially processed my new ILR application (as I was there to do), and really knew his stuff - I had a suitcase full of highlighted / post-it noted documents organised in folders, but he literally wanted my passport, application form, the recent refusal letters from UKBA, two documents verifying each of my incomes (2 for self-employed and 2 for my business – he chose my accountant's letter, payroll company's letter, payslips and personal bank statements, and had no interest in my business bank statements / invoices / client records etc). He didn't want my cover letter either - he said he'd rather hear it from me instead.

When he read through my "income" page, I'd listed my "self-employed" and "business" earnings separately, and in the last box I'd explained that I had no personal income until February as I'd been off work after having a tumour removed in October. He looked up, looked me in the eyes and said he was so sorry to hear about my tumour, and asked me if I was ok. I nearly burst into tears. To be treated like a human being - after a month of desperately calling and writing everywhere trying to get anyone to listen - I was overwhelmed.

I explained that I'd submitted an identical application in Cardiff 8 weeks ago, and that it had gone well on the day, and I had been told that they just had to send my application off for my income to be verified, and that I'd get my visa in approx. 2 weeks, and explained that since then it appears that the caseworker in Liverpool has made an error calculating my points for age.

He came back and forth briefly (somewhere out of my sight), and said he could see that there had been an error calculating my points for age as I was clearly not 30 at the beginning of the 5-year qualifying period. He said that what he wasn't sure of was whether I got points for age at the beginning of the 5-year qualifying period when I was first granted FLR under HSMP (age 28), or points for age at application for HSMP (age 27). This was the only time I answered assertively - I looked him in the eyes, and said "It's points for age at application for HSMP. Everything says it. Would you like to see the Immigration Directorate Instructions?" He asked if I had them, I slid the relevant pages (1 and 8, which I'd previously highlighted) under the glass. I also gave him the points based calculator with the relevant parts of the help boxes highlighted (I'd compiled a document with screenshots of every page of the PBS, including the relevant help boxes), and also gave him the two relevant UKBA website pages ("Scoring points for age" and "Scoring points for Settlement"), highlighted also (I referenced everything well so it was easy for him to check himself). I also gave him a copy of my letter to the caseworker who'd made the mistake, dated 26 December 2012, outlining the error and the relevant legislation and UKBA documents. He asked if I had anything else. I said I had a letter from the UKBA posted on this forum from a person with exactly the same circumstances as my own, confirming it is points for age at application for HSMP. He smiled and told me to give it to him. He briefly read over everything I’d given him, and said that he’d have to go verify all this for himself, as he had to be certain before officially stating that another member of the UKBA has made an error. He asked if I’d mind having a seat in the waiting room for an hour while he looked it all up.

Half an hour later he called me back in and told me that I was right - that it's age at application for HSMP. He said he could see all my letters - to the caseworker, to the complaints team, from my MP etc on the system, and asked had I not heard anything back from Liverpool. I confirmed I had had no response at all, and neither had my MP. He asked if I'd mind waiting in the waiting room for a few hours while he worked out what to do. I said I'd stay as many days as he liked, and said that I couldn't thank him enough.

Bless him, he spent the whole day trying to sort it out for me. Liverpool weren't being very responsive, so eventually he had to get the manager of Solihull to get onto Liverpool. By the end of the day she called me back in, smiling - also so lovely and nice to me, and said that my case was now officially being reconsidered by Liverpool, and that although she couldn't give me anything in writing to say so, the outcome of the reconsideration would be in my favour.

She said that Liverpool would be reviewing my case the next day (24th Jan), and would write to me either on the 24th or 25th Jan. From what she said, I got the impression that no-one had paid any attention to my letters, or my MP's letters so far, and it was only the actions of the wonderful staff at Solihull which spurred Liverpool into reassessing my case.

They handed me back my new application and did not take payment.

I cannot tell you how glad I am that I went there. They were so lovely and genuinely wanted to help. I was feeling so panicky and hadn't slept at all the night before, but I could see from the beginning that he was looking for a way to give me my ILR, not looking for a reason to refuse it.

Speaking to a lawyer in the waiting room (who was there representing a client), he said that Solihull was by far the best PEO, second to Liverpool. He said he was there often, and that the staff were very nice, and fair.

On Saturday (26th Jan) I received a letter from the caseworker at Liverpool (same one that refused my ILR in December) stating that my ILR has been granted, and I should receive my Biometric Residence Permit in 7-10 days. Just now (29th Jan) I received my Biometric Residence Permit by courier!!! Both the letter I received on Saturday and my Biometric Residence Permit are dated the 23rd January (the day I was at Solihull).

I cannot thank you all enough for your help. I was so unsure about resubmitting an application (and scared as the first one had gone so wrong), and thought there must have been another way as the error was so simple, and so small. Your input, advice and reassurance gave me the confidence to know that this was the best course of action to take, and I have no doubt that it was.

I highly recommend going to Solihull. My impression was that the staff were very genuine, kind, fair people.

Thank you also for your suggestions of making sure that I follow the complaints process properly, as I hadn't though about this before. Now that I have my ILR I am still going to follow this matter through further (making sure that I stress how brilliant the staff at Solihull were), as it seems to me a complete waste of resources for all of this to have occurred because of a small administrative error. There should perhaps be a way of flagging such mistakes and having them quickly corrected (such as escalating the matter via the UKBA Call Centre), as a month off work (meaning that the UK has now missed out on my taxes for a month, and I'll be seeking to be reimbursed for the income that I have lost - any ideas on how I should do this??), my MP's time, and the staff at Solihull's time, should not have been required and could have been much better spent helping others with more complex needs.

I work for the NHS and spend a lot of my time advocating for those who are unable to do so for themselves. I am fortunate enough to have English as a first language and to be resourceful (and to not have six children running around my feet, which I imagine would make it far more difficult to research and find all the information I did). Had I, for example, been living in Japan for the past six years, I doubt that with a six-year grasp of the language I could have as successfully found my way through the immigration rules, found the relevant sections I needed, and argued my case in the same way. Accordingly, I am concerned for people in similar situations who are not as able to advocate for themselves, and so will be liaising with my MP to see if there is a way of instigating a review of the processes currently in place (I redesign NHS Services to improve their efficiency and better meet patient's needs, and so it seems to me that some processes within the UKBA could perhaps benefit from a similar review). If you have any suggestions as to who else I should contact, please do let me know.

Thank you all so, so much for your support and help. I know I keep saying it, but the work you do really is invaluable. I hope all the good you do for others comes back to you in other areas of your life

Kindest regards,

Meg xxx

[Bildor]

Congrats MeganJane,
i'm very happy for you; at long last.
UKBA need to find a way to prevent such.


Did you get a letter of apology from the caseworker who made a mistake?

[wpilr_nov12]

you almost got me in tears....

[MeganJane]

Awwww <3 Thank you! I have spent a lot of the past week nearly in tears myself. Overwhelmed by everyone's kindness - I think living in London you can forget that not everyone is hard and ruthless, and that there are amazing people in the world

I received not so much as an admission of error from the caseworker - literally just a letter stating that my ILR had been granted (no discussion of why, a very standard computer-generated letter with no specific details of my case). I shall be asking for an apology as I go through the complaints process, and also suggesting that perhaps some further training issues have been identified, and should be addressed to prevent this happening again.

So silly - to think of all the time and money that has been wasted because of an error. Your time, my time, the NHS's time (as I haven't been at work), my MP's time, the UKBA Solihull staff's time... Tax payers' money (as I haven't been working and paying tax, and have been making use of UKBA staff and my MP's time, which tax payers fund)... I understand that that UKBA must receive a large number of complaints about decisions, and that they have therefore limited the options for contacting them so that they are not inundated, however developing a much quicker, streamlined method of dealing with administrative errors such as this would actually reduce the demand on their services and save both money and time. I'll let you know what I achieve once I've followed this through properly

My best wishes and thanks again (as always

Meg xxx

[cs95tdg]

I am so pleased for you! I suspected that they would sort it out for you, as Soluhill PEO has been confirmed as one of most applicant friendly PEO's by many forum members here.

Additionally you were also well prepared, and able to argue your case if the need arose. Thank you for posting your detailed experience, it will I am sure help others who hit similar obstacles in the future.

I work for the NHS and spend a lot of my time advocating for those who are unable to do so for themselves. I am fortunate enough to have English as a first language and to be resourceful (and to not have six children running around my feet, which I imagine would make it far more difficult to research and find all the information I did). Had I, for example, been living in Japan for the past six years, I doubt that with a six-year grasp of the language I could have as successfully found my way through the immigration rules, found the relevant sections I needed, and argued my case in the same way. Accordingly, I am concerned for people in similar situations who are not as able to advocate for themselves, and so will be liaising with my MP to see if there is a way of instigating a review of the processes currently in place (I redesign NHS Services to improve their efficiency and better meet patient's needs, and so it seems to me that some processes within the UKBA could perhaps benefit from a similar review).

Good on you for all you do to help others in your own field and hope to do in the future. I'm sure all of us who have been through and are currently going through the UK immigration system will be appreciative of any process improvements to the current UK immigration system that may arise as a result of your efforts.

[vks]

Awwww <3 Thank you! I have spent a lot of the past week nearly in tears myself. Overwhelmed by everyone's kindness - I think living in London you can forget that not everyone is hard and ruthless, and that there are amazing people in the world

I received not so much as an admission of error from the caseworker - literally just a letter stating that my ILR had been granted (no discussion of why, a very standard computer-generated letter with no specific details of my case). I shall be asking for an apology as I go through the complaints process, and also suggesting that perhaps some further training issues have been identified, and should be addressed to prevent this happening again.

So silly - to think of all the time and money that has been wasted because of an error. Your time, my time, the NHS's time (as I haven't been at work), my MP's time, the UKBA Solihull staff's time... Tax payers' money (as I haven't been working and paying tax, and have been making use of UKBA staff and my MP's time, which tax payers fund)... I understand that that UKBA must receive a large number of complaints about decisions, and that they have therefore limited the options for contacting them so that they are not inundated, however developing a much quicker, streamlined method of dealing with administrative errors such as this would actually reduce the demand on their services and save both money and time. I'll let you know what I achieve once I've followed this through properly

My best wishes and thanks again (as always

Meg xxx

Congratulations..Very happy to see your successful ILR.

[vinny]

Congratulations! Good to see compassionate UKBA staff.

[uksettlement]

Well done MJ!

[secret.simon]

Thank you very much for this thread, MeganJane. It is very handy for me to refer to as I am in a similar situation and would appreciate advice from you and others on this forum.

I applied for my HSMP one week before my 28th birthday and in my HSMP application, I claimed 20 points. Multiple issues meant that I got my HSMP letter 6 months after the application and I finally got the entry clearance in October 2007. However my work assignments meant that I could not arrive in the UK till March the following year, within the 6 months of getting the entry clearance, as was allowed at the time.

Two years later, in October 2009, I applied for an extension under Tier 1 under the rules at the time. That took into account the age at the date of the application, not the date of initial grant. I was over 30 years, just like MeganJane, and got 10 points. I had accounted for that and was doing two jobs to earn more than the increased threshold. I thus compensated for the 10 points I lost over age with the previous earnings points.

In 2010, I gave up my second job to do a part-time Masters in addition to my main job. I have completed the studies and am currently working on my dissertation.

The twist promised in the subject occured in at my next Tier 1 extension, in October 2012. As I arrived in the country five months after entry clearance, I had to go for a second Tier 1 extension. I booked a PEO appointment at Liverpool. The case worker over there wrestled over the same point that MeganJane described. She had to consult extensively as she spoke to multiple senior caseworkers (the Liverpool PEO centre is open plan and there are no barriers to prevent us from overhearing the staff talking). I think she escalated further up the chain as she had to go to a cabin twice. However, after 2 hours, she handed me the letter stating that I have got FLR with 20 points being given for age.

I am going for my ILR PEO at Croydon next week and would appreciate advice on the following points;

a) Will the caseworker at Croydon endorse the decision taken at Liverpool, given that the points claimed for my ILR are identical to those for my current Tier 1 visa? And if they were not to, could I argue the point with them at the PEO?

b) Should I state the above history in the cover letter? Or should I just state that I'm claiming 20 points for age as per the form and the guidance, etc?

c) Should I refer to this case in the letter?

d) I’m sure that people reading this question will groan that it has been answered multiple times, but there is still confusion in my mind about giving supporting evidence for paid annual leave. While these forums have advised that it is not necessary for somebody on the HSMP-T1G-ILR route, “Miss Jackson” at the UKBA Helpline at 0870 606 7766 said it is necessary for all visas that allow employment. I have requested my current employer to issue the letter, which HR is looking into, but what about the earlier employer?

That’s it for now. I'm sure further questions will follow

PS: MeganJane, if you have not already written to the Home Office about the training needs demonstrated by your case, please mention that the fact that my very similar case (with the only difference being that it was Tier 1 FLR rather than ILR) was handled differently at another location within a three month period demonstrates a clear need for training for the sake of consistency.
I agree with you that the process is tricky enough for those with English as a first language and that the difficulty is compounded if it were not your first language. I wonder if Mitt Romney's idea of making migrants "self-deport" has been taken on board at the UKBA.

[cs95tdg]

secret.simon, If I've understood your post correctly, the summary is as follows:

1) 2007 HSMP: 20 Points for Age
2) 2009 T1G: 10 points for Age
3) 2012 T1G extension: 20 Points for Age

a), b) & c) What's relevant is the points you scored at the time of your initial application, so therefore it would be the number mentioned under point 1) above that’s relevant when completing the SET(O) form. Note however, as you were awarded an incorrect number of points under 2) if it were me I'd just take a copy of the relevant rules with me - highlighting the statement about how points for age should be awarded, just in case it comes up as an issue as you are going for an in-person appointment - but leave it at that.

d) I'm afraid I'm going to repeat what you've already seen and heard. No employer letter is required to confirm annual leave and business related absences if you are applying for ILR as a T1G Migrant. If you feel you must, then yes you can take a letter for your peace of mind, but this is not required IMHO. I applied for ILR last month (WP+T1G+T1G) and never submitted any employer letter to confirm my absences. You may want to read the UKBA response under the following thread as well: http://www.immigrationboards.com/viewtopic.php?t=125765