WP1 Rejected-Problems in Tier1

[Pavneet]

I have an inquiry regarding HSMP/ Tier-1 visa. Just to give you a background i am working in UK for a UK based employer, submitted my WP1 which got rejected on 31st July (plz click this for wp1 http://www.immigrationboards.com/viewtopic.php?t=29395)

For HSMP/ Tier-1 points, I requested my employer to pay my bonuses (after tax with pay slip on 31st July) so that i am eligible for Tier-1. As a result my salary is 20069.43 which gives me the eligibility for Tier -1.

But i do not have the minimum £800 Pounds all the time in last three months (May, June, July) as a maintenance funds. If i save money in July, Aug, Sep and apply for a Tier1 in first week of Oct 2008.

But my current visa is going to expires on 15th Oct.

Please advise me when is the best time to apply for Tier1 as I have heard that we have to apply before one month of the current visa expire date. If that is the case then I will not be able to maintain my funds for last three months.

Just to give a clear picture that i will have savings from Aug onwards (Aug, Sep, OCT). But my visa is going to expire on 15th Oct so how i will manage to apply for Tier1

[Raji_karmlaw]

Hi,
U will have to apply as soon as possible well before ur visa expires. Otherwise u will have to come to ur home country and apply from there.

[geriatrix]

U will have to apply as soon as possible, well before your visa expires.

While you may apply for Tier 1 as soon as you wish to (and can), but it doesn't have to be the way it' been suggested above (by an immigration consultant).

If your current leave is expiring on 15th Oct. (as you say), then as long as your Tier 1 application is received by UKBA on/before 15th Oct., you will have the legal right to remain in UK while your Tier 1 application is under consideration.

If your application is approved, you will be granted leave to remain in UK (3 years) - happy ending!! On the other hand, if your application is rejected, then UKBA will inform you if you have a right to appeal the decision and if you do appeal (within stipulated timeframe), you'll still be a legal resident in UK while the appeal is under process. In case you are not given a right to appeal, UKBA usually gives 28 days for the applicant to leave the country.

Given your difficult cirumstances, I would suggest that you go through the Tier 1 policy guidance *very carefully*, understand the rules and what documentary evidences you'll need to support your application, and start working towards making a Tier 1 application as soon as your circumstances allow you to. You have enough time on your hand to prepare yourself - this time around, you must leave no excuse for the CW to reject your application.

All the best.

regards