[tavish911]

Sigh..

One day life is all normal then one day my motorcycle breaks down and the next day my visa gets rejected...

I am a citizen of India, I've never had a complex immigration background - I was the guy who always clicked 'NO' on all the 'Have you ever XXXXX' questions. Now suddenly I have a letter saying removal instructions have been declared... wtf?

Anyway. I digress
My Tier 1 PSW visa was expiring 30th Aug 2013. A week before that, I sent a complete application with a sponsored certificate number etc. In the maintenance section I said the employer will cover my costs for the first month if needed. I had informed the employer about this via email. They didnt respond and I didnt want to harass them. I thought they will ask me if in doubt anyway.

Next thing I know, as of 7th Nov (yes, it took them THAT long) I get a refusal letter saying they're not satisfied if I have funds to sustain myself.

I guess they didnt tick the box, will find out on Monday. The HR lady wasn't in on Friday.

Now my previous visa has long expired.

Now I thought, okay I will appeal since its a very obvious innocent mistake and it can all be explained... but they say appeals are only for UKBA's faults and no no new evidence may be submitted

Then I thought, screw it I will borrow money and book a £950 one-day service, ask the company for a new certificate (hopefully they have it) but then the UK BA's helpline person said I cannot do that as I have no valid visa! But he said I can post it and it will probably be considered... ?!!!

Then I thought... surely I cant lose my job and career for a mistake that in the spirit of the law means no harm and does no harm to anyone! Then I found out you cannot really contact your caseworker because even if they communicate with you its not official and if it goes beyond the ten day deadline to appeal then I will be classed as an overstayer and will have bad immigration history. And they mostly wont do any reconsidering

Then I thought okay to hell with hit I will post an application, then they tell me that acts as a no-appeal which means I cannot work till the application is concluded positively.


Is there no common sense in this world anymore??????? I have spent £600 for the application and both the employer and me spent hours on the phone asking them why there is a delay and if they need any information.

One phone call?

Anyway...

I have ten days to get out of the country or appeal which they say I cannot win.

What am I supposed to do? I have to take a very quick, very accurate decision.. the sort where someone with first-hand experience can make the world of difference!!

Please!

 

[Joppa]

I think it's one of those cases where you must sit down with an experienced immigration lawyer/advisor and thrash out a strategy. As we don't have all your details and case notes, we cannot, and should not, advise you what action to take. Your employer should foot the bill for it.

 

[tavish911]

Hey

Thanks for the reply. I fully appreciate the complexity and sensitivity of people randomly putting out opinions.

However, there is something else. Initially the UK BA said they've sent something on the 12th of September.. nothing came. They even gave me a tracking number.

Now in the letter they say that I made an application on 12th September (coincidence?!), whereas I made the application on 28th August and did the biometrics on 7th September!! Also they have a part where they summarize my previous visas and one of them has the wrong year!

Can this be part of the reason why I claim a reconsideration case?

I know that employer should foot the bill but whether they will, I dont know. We'll see.

Thanks though!

 

[Joppa]

As I said, you should sit down with advisor and show all the correspondence, a copy of your application and supporting documents and any other details that are available, review your situation and decide on a course of action. I urge you to do this now as you have little time left to respond. A good advisor should be able to show a clear strategy and possible outcome. Make sure your advisor is registered and qualified to the highest level (Level 3), able to handle appeals, or legally qualified and specialises in immigration law.

 

[tavish911]

Hey, just found something uncharacteristically specific on the UKBA's site where they state an example of exactly my case while outlining what judges can and cannot take as new evidence..

APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from case law and s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review the ECM should only look at circumstances leading up to and including the date of refusal. An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.
New evidence:

New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.
Examples of new evidence

These are common examples and are not an exhaustive list.

Unexpected increase in funds postdating the decision.
Sponsor obtains new employment that was not engaged in / expected at the date of decision.
An offer of accommodation which was not available at date of decision.
A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.

Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.
Examples of additional evidence

These are common examples and are not an exhaustive list.

A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
Evidence of employment at the date of decision which was omitted from the original application.
A birth certificate evidencing the relationship of parties which was not produced at the time of decision.

Please look at the last paragraph - does this make appealing a better choice?!

 

[Joppa]

Yes, the UKBA site is stating what we already know.
As I said, you don't get any advice from me as I don't know all your circumstances and haven't read your case notes, and anyone else on the forum who tells you what to do is irresponsible.
See a registered advisor or solicitor immediately and plan your next move. I am closing this thread.