applying late for Tier 1 Extension

mulderpf · Post by **mulderpf** » Fri Feb 15, 2013 5:38 pm

HSBC does not stamp statements and this isn't a requirement either (it's only a requirement if you have an online account where you printed them at home). I had no issues with my application with similar statements (mine even printed skew on the paper!).

Mela · Post by **Mela** » Fri Feb 15, 2013 5:57 pm

yes, the best would be to wait for acknowledgement from UKBA as it will provide you with the case reference number, however dont wait for too long, as there are cases when AL never reaches the applicant. The best way is to check wnen your payment is taken and if you dont received a letter within 5 days after payment is taken i would risk and send all the missing information just indicating you name, DOB and country of origin.

I will empasise here that the most important is to show your foreign statements so that caseworker can see you had covered 90 days ON the day of application, beacuse your local bank st-t only show you reached miantainance criteria X days after you posted application. So the CW may be more compassionate when he see your foreign st-ts, as an ecxuse here could be tha they didnt reach you on time but technically you had the money to cover the period just showed the prove later.

Mela · Post by **Mela** » Fri Feb 15, 2013 6:03 pm

mulderpf wrote:HSBC does not stamp statements and this isn't a requirement either (it's only a requirement if you have an online account where you printed them at home). I had no issues with my application with similar statements (mine even printed skew on the paper!).

well policy guidance does say that it should be proper statements which are sent by post or the online statements stamped and signed, so there is no option for st-ts printed in a funny format at the local bank branches, so it all depends on CW if they accept it.

IN my case even proper original st-ts (

) i have been carefully collecting for the year have been taken for duplicates by CW so had to beg my local branch to print and stamp the statements, the format was funny but what to do thats the best i could do i posted it and hope for the best

cs95tdg · Post by **cs95tdg** » Fri Feb 15, 2013 6:06 pm

n8net wrote:I hv applied today with a covering letter and I hv been genuine to highlight I am 1 day short and will send statements to complete the missing day and expect the CW to show some compassion.

Mela,can I ask you what you mean by the ref ? the references number that will be on the letter sent out my the HO.so shud I wait till I receive the ack letter to send the satements ? coz I can hv the HSBC sttmnt printed out for the 18th next Monday and send it as well.

I just wanted to highlight that the statement you send now for maintenance funds must still cover the required period until your application date, even though you are submitting it late. I.e. the stmt you send shouldn't be one which shows you have met the maintenance requirement after submitting the application. So I would urge you to get the overseas bank statement you mentioned before, which would meet your maintenance fund requirement for the required time period. Unless ofcourse the HSBC statement you speak of here already covers the required funds for the required period.

n8net · Post by **n8net** » Fri Feb 15, 2013 7:21 pm

thanks guys again.

now I want to plan for the worst case as Mela suggested from now on .

so ideally I would like my ILR to be not reset.

what can me and my employer should do now so that if it is rejected ?

thanks

n8net · Post by **n8net** » Mon Feb 18, 2013 5:31 pm

guys any info on appeal process and any expereinces is hugely welcome

n8net · Post by **n8net** » Tue Feb 19, 2013 12:04 pm

gusy please help me out with any info you have

cs95tdg · Post by **cs95tdg** » Tue Feb 19, 2013 12:27 pm

I'm not quite sure what specific information you are requesting at this point in time. From what I can see, several suggestions have been provided, and its now upto you to act on them.

1) Get the overseas bank statement(s) that would satisfy your T1G maintenance funds requirement asap. Submit these to the UKBA once you receive your application acknowledgement letter (i.e. application reference). If you don't receive this within a reasonable time, try contacting the UKBA on their helpline to enquire. If all fails send it via RM special delivery (to enable delivery tracking), with a cover letter.
2) Seek legal assistance to determine what other options you could pursue (including employer sponsorship as a T2 Migrant) in the event that your current T1G application fails.

Mela · Post by **Mela** » Tue Feb 19, 2013 12:54 pm

Cant repeat saying and confirming what others have said, you need to send them foreign statements ASAP. and you really need legal help.

cant advise on appeal process timelines, but you can continue to work while your appeal in the process and in fact if you win the appeal reckon you visa stay will be considered as contunuous stay so your ILR clock will not re-set. but...if you dont win the appeal thats when a bit of a zoo strats...

With regards to Tier 2 please refer to the UKBA official rules, it is quiet complicated nowdays, as your employer need to pass residential market labour test and also apply for sponsorship certificate (special rules apply if you earn more than 150K). YOur employer need to act fast. there are many hidden oobstcales with tier 2 visas.

n8net · Post by **n8net** » Wed Feb 20, 2013 10:16 am

Hi guys my question is really about the prep work me and my employer can do so that they can sponsor me into Tier 2 if I get rejected.

also also the appeal - how do I get to chose oral or writing . I prefer oral as I can tell thge jidge whay I shud be given visa.

also i chekcd my bank - all the balance does not refelct UKBA has taken money out ? the available funds refelct the money has been allocated . does it is mean UKBA has taken the money out and the bank has not updated (the application reached UKBA Monday)? when can I expect to get the acknowledgment letter?

thx for ur valuable inputs

Manka10 · Post by **Manka10** » Wed Feb 20, 2013 10:35 am

no labour market test is required if applicant is already working with the company, the company should have a sponsorship license though to apply a Tier 2 for any employee

this is the list of companies which currently have a sponsorship license
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

Mela · Post by **Mela** » Wed Feb 20, 2013 11:20 am

Manka10 wrote:no labour market test is required if applicant is already working with the company, the company should have a sponsorship license though to apply a Tier 2 for any employee

this is the list of companies which currently have a sponsorship license
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

THanks for correction Manka10 regarding labour market test, i've forgotten this fact

Mela · Post by **Mela** » Wed Feb 20, 2013 11:31 am

n8net wrote:Hi guys my question is really about the prep work me and my employer can do so that they can sponsor me into Tier 2 if I get rejected.

also also the appeal - how do I get to chose oral or writing . I prefer oral as I can tell thge jidge whay I shud be given visa.

also i chekcd my bank - all the balance does not refelct UKBA has taken money out ? the available funds refelct the money has been allocated . does it is mean UKBA has taken the money out and the bank has not updated (the application reached UKBA Monday)? when can I expect to get the acknowledgment letter?

thx for ur valuable inputs

call your bank and check on the transactions made, sometimes the money which has been taken out of account are reflected the following business day. thats what happened in my case. Also, there is always small possibility your bank will stop the payment due to antifraud measures, so call them asap.

With regards to the ack. letter, there is no pattern here, most often it is sent out after money has been taken out, so people receive it within 1-2 weeks form the day money are taken out, although some people receive it later or dont receive as all.

n8net · Post by **n8net** » Wed Feb 20, 2013 1:42 pm

Manka10 wrote:no labour market test is required if applicant is already working with the company, the company should have a sponsorship license though to apply a Tier 2 for any employee

this is the list of companies which currently have a sponsorship license
http://www.ukba.homeoffice.gov.uk/sitec ... ofsponsors

I thought so.but in the sponsors guidance doc from UKBA it does not say so.
only exception from market labour test is if swtiching from PSW.

plz correct me if I am wrong.

and Mela thx a lot I will check with the bank

n8net · Post by **n8net** » Thu Feb 21, 2013 10:12 am

money has been detected y.day.. letz c when I get the letter ?

so guys any1 found refeerence which says if u work for the same employer for 6 months u dnt need Market Labour Test ?

and that Test is not difficult either isint it ? as I understand the company needs to place an advert on job cneter plus for 28 days ? thats all ?

n8net · Post by **n8net** » Mon Feb 25, 2013 1:16 pm

huys any1 hv any info on this plz

Mela · Post by **Mela** » Mon Feb 25, 2013 1:30 pm

n8net wrote:money has been detected y.day.. letz c when I get the letter ?

so guys any1 found refeerence which says if u work for the same employer for 6 months u dnt need Market Labour Test ?

and that Test is not difficult either isint it ? as I understand the company needs to place an advert on job cneter plus for 28 days ? thats all ?

I think i was right inmy first post, you do need a LMT unfortunately, i dont see any exemptions for people applying from Tier 1 General.
http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

THe link above should tell you exactly of all exemptions, so please have a good read.

Also, please note they are deciding postal cases in less than a month now you need to be quick with the additional docs you wanted to send

n8net · Post by **n8net** » Mon Feb 25, 2013 3:18 pm

Hi Mela,

thx for the reply..but i am pretty sure I saw an exempption for ppl who hv worked for more than 6 months and being sponsored by the same company.can't see it anywhere nw..may be it got changed.

you are rreally helpful Mela llike a brother/sister (not sure abt ur gender)
and I hv already sent the docs (statements covering period after applications shich shud cover 90 days) and hope that shud be alright.

the foreign a/c I hv is a fixed deposit - not sure I can send it it as I hv seen cases where it got rejected.

fingers crossed nw.

cs95tdg · Post by **cs95tdg** » Mon Feb 25, 2013 3:37 pm

While its certainly good to seek information about the rules & requirements around sponsorship independently, you should really speak to your employer to ensure that they understand the steps they will need to take to sponsor you. Note that if your company already has a sponsorship license they would/should already be familiar with the process. It's not something you can do for your employer, so it would be best to speak to them.

From your last response I sense that the bank statement you have sent the UKBA for maintainence funds only proves that you meet the maintenance requirement one day after your application was submitted. If this is correct, then I would urge you to speak to your employer about your T2 sponsorship sooner rather than later to avoid your employer running out of time to act if your current T1 application is refused.

You are correct about the inability to use fixed term bonds as proof of maintenance funds: http://www.ukba.homeoffice.gov.uk/visas ... e/#header2

What the documents must show

....

Other accounts or financial instruments (such as shares, bonds and pension funds), regardless of notice, are not acceptable.
....

Mela · Post by **Mela** » Mon Feb 25, 2013 4:11 pm

n8net wrote:Hi Mela,

thx for the reply..but i am pretty sure I saw an exempption for ppl who hv worked for more than 6 months and being sponsored by the same company.can't see it anywhere nw..may be it got changed.

you are rreally helpful Mela llike a brother/sister (not sure abt ur gender)
and I hv already sent the docs (statements covering period after applications shich shud cover 90 days) and hope that shud be alright.

the foreign a/c I hv is a fixed deposit - not sure I can send it it as I hv seen cases where it got rejected.

fingers crossed nw.

Immigration rules are really tough at the moment so its easy to make a mistake miscalculating earning periods like you did or semthing else, its a human errors everyone can make. Although UKBA is not very symphatetic about these mistakes, at least fellow immigratnts at the forum can give some brotherly/sisterly (rather sisterly in my case

) advise to another fellow immigrants.

Concerning the LMT, i htink the rules have changed, all the exemptions should be stated on the UKBA web-page i posted earlier, which means there is no exemptionsfor for Tier 1 General immigrants at all

please someone coorect me if im wrong. It is implied that T1G holders can extend their visas so there is no provisions for them to swich "easily" to T2

There are exmeptions for T1 PSW visas only as these immigrants cant extend their visas so UKBA made it easier for those who already have job in place to switch from T1 PSW to T2.

Mela · Post by **Mela** » Mon Feb 25, 2013 4:13 pm

deleted double post

n8net · Post by **n8net** » Mon Feb 25, 2013 4:20 pm

tha again guys .but couple of gueries.

i think c5 got misunderstood. it is not Bonds it is CASH deposit in a fixed deposit scheme . does that not qualify ?

also why I shud speak to employer nw.as even if it is rejected I can appeal if any time is needed ?

also can I switch from Tier 2 from Tier 1 without leaving country.?

thanks.

Mela · Post by **Mela** » Mon Feb 25, 2013 4:23 pm

cs95tdg wrote:While its certainly good to seek information about the rules & requirements around sponsorship independently, you should really speak to your employer to ensure that they understand the steps they will need to take to sponsor you. Note that if your company already has a sponsorship license they would/should already be familiar with the process. ....[/i]

OP's case a somewhat similiar to the case of my friend. He was T1PSW visa holder working for X company. this company was a small 3 men business they agreed to sponsor him for T2 but they asked him to doo all the research and said to get all the information himselg regarding what they need to do/how difficult it is before they strat the process. So, my friend was also panicking and seeking info from everyone. I guess, OP case is similiar hence he is asking for advise before disturbing the employer.

In fact, after X company have seen the trouble they have to go through based on the research my friend made they refused to sponsor him.

I might be wrong but i doubt his company is a large wheel with the sponsorshiop licence employing foreigners otherwise he wouldnt be asking here on the forum...again, i might be wrong

cs95tdg · Post by **cs95tdg** » Mon Feb 25, 2013 4:49 pm

n8net wrote:i think c5 got misunderstood. it is not Bonds it is CASH deposit in a fixed deposit scheme . does that not qualify ?

also why I shud speak to employer nw.as even if it is rejected I can appeal if any time is needed ?

also can I switch from Tier 2 from Tier 1 without leaving country.?

I apoligise if I've misunderstood what you stated in your previous response. My understanding was that you have now submitted a local bank statement which meets the maintenance requirement - but it only meets the requirement one day after application submission (which may therefore not be accepted), please correct me if I've misunderstood this. Regarding your Fixed Term overseas account, again you mentioned you thought it wouldn't be accepted & therefore didn't submit it. At least that's what I understood, please correct me if I've misunderstood you. My understanding is that you can use any cash based account so long as the funds can be accessed instantly (even with a penalty). The reason for this is because these funds should available to you (instantly) to maintain yourself in the UK. There are some fixed term accounts where you have no access to the funds until maturity.

The reason I suggested you speak to your employer is because you mentioned that they were willing to sponsor you, very early on in this post (i.e. and the reason you didn't want to go down that route was because you would be tied down). Therefore I assumed they would be familiar with the sponsorship process, but may be based on Mela's comment, they are not?

Additionally, I appreciate you will be allowed time to appeal, if your current application is refused, but again, if there is additional work your current employer needs to do to enable them to sponsor you, then the earlier you talk to them the better, IMHO.

I do not know the answer to your question about the requirements around the resident market test when an employer wants to sponsor one of its current employees, but you may get a better response to this question if you post it under the T2 forum where I see you have already made a different post. I do know you can switch from T1 to T2 in-country, i,e. without leaving the country. You would again get better/more response to questions on this if it were posted under the T2 forum.

Mela · Post by **Mela** » Mon Feb 25, 2013 5:41 pm

n8net wrote:tha again guys .but couple of gueries.

i think c5 got misunderstood. it is not Bonds it is CASH deposit in a fixed deposit scheme . does that not qualify ?

also why I shud speak to employer nw.as even if it is rejected I can appeal if any time is needed ?

also can I switch from Tier 2 from Tier 1 without leaving country.?

thanks.

can you get a letter from your foreign bank confirming that your money can be accessed by you at any time? if yes, then send this as well just in case, there is no harm sending additional documents, leave it for them to decide whether its suitable or not.

when UKBA contacted me during the application process and asked me for some additional docs i sent them 3 versions of the copies of the same docs, literally bombarded them, in a 2 days after i sent the last mail ive receved a visa

they probably decided to clear my case asap to prevent more docs to come

as above poster suggested most likely you will be refused as you are 1 day short on maintainance with your local bank account, so back your case with this cash bonds st-ts, you have nothing to lose

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applying late for Tier 1 Extension