ILR refused

Just made an ILR app and the Home office are saying I was on a Training and Work Experience Scheme visa whereas the original Work Permit letter says that leave for 60 months has been approved under Work Permit arrangements.

Can a TWES visa be issued under Work Permit Arrangements? And can this be issued for 5 years? Is there a solution? As it seems that a TWES does not count towards ILR and my clocks been reset.

Is there any hope?Please advice

TWES can't count towards ILR in an aggregation work-related categories but you seem to know this already.

Lucapooka wrote:TWES can't count towards ILR in an aggregation work-related categories but you seem to know this already.

Thanks for your reply but my concern is if the WP letter which i obtained and the stamp says WP and not TWES how can we verify what they are saying is correct?

Why are you depending on UKBA to find out what the truth is? Don't you know whether you applied for TWES or WP at that time?

sushdmehta wrote:Why are you depending on UKBA to find out what the truth is? Don't you know whether you applied for TWES or WP at that time?

I'm not depending on UKBA I applied for WP and thats what it says on my stamp and also on the WP letter. I was completely shocked when UKBA turned around and said this to me that I was under TWES and when i asked my company they said it was an actual WP and not TWES.....
Is there any hope for appeal do you reckon?

mguy wrote: how can we verify what they are saying is correct?

The question was asked in response to the question you posted! You cannot verify if UKBA is right when you know that they are wrong!!

Do you or your employer have the WP authorisation letter on the basis of which you applied for leave as a WP holder? If not, you may make a subject access request and request for a copy of the WP authorisation letter and the immigration application form submitted at the time.

You may appeal only if given the right to. If your current leave is still valid, then you cannot appeal but may request a reconsideration (because of error in facts) or apply for permission for Judicial Review.

sushdmehta wrote:

mguy wrote: how can we verify what they are saying is correct?

The question was asked in response to the question you posted! You cannot verify if UKBA is right when you know that they are wrong!!

Do you or your employer have the WP authorisation letter on the basis of which you applied for leave as a WP holder? If not, you may make a subject access request and request for a copy of the WP authorisation letter and the immigration application form submitted at the time.

You may appeal only if given the right to. If your current leave is still valid, then you cannot appeal but may request a reconsideration (because of error in facts) or apply for permission for Judicial Review.

A bit of background to clarify things -
I applied for ILR using a solicitor and UKBA have held back the application and not actually refused it as yet.
I had a WP authorisation letter stating that my previous 5 year leave was being granted under the work permit criteria.
But after my ILR application, I found out to my horror from the UKBA that I was actually under a TWES (which comes under the Work Permit Umbrella of visas) - Nowhere in the WP authorisation letter does it say this. Now I've requested the WP1 application form which my company submitted initially.
If I can provide this additional info to UKBA when I get hold of it / get HR to admit they goofed up before I request for an SAR - do u think I stand a chance? Do the caseworkers have discretion in this matter?

I intend to withdraw the application if this fails rather than have them refuse.

All help is greatly appreciated.

Can a TWES work permit even be issued for 5 years in one go? There must be some mix-up in UKBA.

now you got me worried as well as i had a work permit. so i double checked whether mine is definitely not TWES. based on my research, had it been a TWEST there should be something marked on the letter saying "work experience scheme" or something like that, or if not in the letter it should be marked in the visa stamp somehow that it is a TWES. my work permit letter simply states mine is a work permit without any phrase saying "experience scheme" so i hope i am correct!

tier1extension wrote:now you got me worried as well as i had a work permit. so i double checked whether mine is definitely not TWES. based on my research, had it been a TWEST there should be something marked on the letter saying "work experience scheme" or something like that, or if not in the letter it should be marked in the visa stamp somehow that it is a TWES. my work permit letter simply states mine is a work permit without any phrase saying "experience scheme" so i hope i am correct!

Same type of WP letter here as well...no mention at all of any work experience scheme etc ...to be on the safe side, I would recommend you get your employer to send you the application form WP1 which was used to secure your work permit - I've learnt from experience that its better to not be too trusting! I'm sure you'll b fine though as mine seems to be some wierd and twisted scenario which doesnt seem to add up at all!

As far as I can tell, a TWES could be no longer than 3 years, and you can only either come to UK after receiving this visa or switching into it from student visa, if you switched into it from say SEGS or PSW, then it's definitely Work Permit.

And for Work Permit, you should have a Work Permit number which starts with an "E" and then 6 digit number.

littlerice wrote:As far as I can tell, a TWES could be no longer than 3 years, and you can only either come to UK after receiving this visa or switching into it from student visa, if you switched into it from say SEGS or PSW, then it's definitely Work Permit.

Thanks for replying I switched from a student visa and at the time I thought i was getting a job and not just some training from my employer as I replied to their web based ad with my CV, got interviewed, etc and got told I have the job.... Shouldnt the employer or UKBA clearly have advised me of the restrictive visa that I was being issued via say, the employment contract or the WP letter?

littlerice wrote:As far as I can tell, a TWES could be no longer than 3 years, and you can only either come to UK after receiving this visa or switching into it from student visa, if you switched into it from say SEGS or PSW, then it's definitely Work Permit.

And for Work Permit, you should have a Work Permit number which starts with an "E" and then 6 digit number.

Sorry just an update - the work permit number is E and then 6 digits!

what is your work permit number look like?

littlerice wrote:what is your work permit number look like?

It says 1SF/E07xxxx (the solicitor also said out of country TWESs usually starts with T - dont know about in country ones though)

i know twes requires you to leave the uk after the end of the twes period. was that the case in your letter?

my work permit letter did start with E then 6 digits. but it has no 1SF before the E like yours.

tier1extension wrote:i know twes requires you to leave the uk after the end of the twes period. was that the case in your letter?

Nothing of that sort was mentioned in the letter......

try ringing the home office helpline and ring several immigration lawyers ask how to tell the difference, then please let us know as soon as possible as that would be helpful!

my work permit letter did start with E then 6 digits. but it has no 1SF before the E like yours.[/quote]

Just an update the '1SF' is actually the initials of the person, the HR manager who applied the WP for me cos at the bottom of the letter it clearly states that persons full name and this was confirmed by my solicitor as well

Same form is used to apply TWES and WP. TWES can be applied for maximum of 5 Years and both Work Permits looks same on passport i.e. no mention of Training or TWES etc. Only the letter you received with WP states that you have to leave the country after your training (TWES).
When you applied for ILR how UKBA find that your WP is TWES, did you gave them WP letter you recived 5 years ago or did they checked your passport ?

bestmd wrote:TWES can be applied for maximum of 5 Years

No, and for the OP to have been issued an entry clearance of this duration, in either the T or the WE category, would have been an error. For training (T) permits the maximum allowed was three years and then a necessity to remain outside the UK for two years before being eligible for a regular WP. For work experience (WE) permits the maximum period was two years.

bestmd wrote:Same form is used to apply TWES and WP. TWES can be applied for maximum of 5 Years and both Work Permits looks same on passport i.e. no mention of Training or TWES etc. Only the letter you received with WP states that you have to leave the country after your training (TWES).
When you applied for ILR how UKBA find that your WP is TWES, did you gave them WP letter you recived 5 years ago or did they checked your passport ?

Thanks for replying but in my letter there is nothing stating that I have to leave the country,I have checked that,All though my solicitor had my WP letter Im not sure that,that has been submitted to UKBA so i presume they found out my looking at my passport or thier systems.

Lucapooka wrote:

bestmd wrote:TWES can be applied for maximum of 5 Years

No, and for the OP to have been issued an entry clearance of this duration, in either the T or the WE category, would have been an error. For training (T) permits the maximum allowed was three years and then a necessity to remain outside the UK for two years before being eligible for a regular WP. For work experience (WE) permits the maximum period was two years.

I agree because I called the Home Office help line and they did say TWES is issued normally for 3 years max however they did make a mistake at one point of time by issuing it for 5 years,and they are saying they are not sure of what the outcome will be those cases
I guess this is upto the case worker.....

i called the immigration enquiry helpline and the guy gave me the sheffield phone number who can access what is the status of my previus work permit. when i phoned the sheffield office, they said what they can see from their screen is my work permit is the normal standard one, because had it been a TWES it would have indicated TWES in their system. so try calling 0114 207 4074

tier1extension wrote:i called the immigration enquiry helpline and the guy gave me the sheffield phone number who can access what is the status of my previus work permit. when i phoned the sheffield office, they said what they can see from their screen is my work permit is the normal standard one, because had it been a TWES it would have indicated TWES in their system. so try calling 0114 207 4074

I would really like to call them,just worried as my solicitor said dont ring them up for anything just pensive at the moment because I clearly remember 6 months ago a few staff were called by HR and told they were on TWES an they would have to leave and come back and I double checked with the HR and they confirmed and said I'm fine moreover if I was on TWES clearly it wouldve flagged up on their system (HR) when then came to speak to the other employees.....