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UK Tier1 General Visa Extn Refused

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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famkris
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UK Tier1 General Visa Extn Refused

Post by famkris » Tue Apr 21, 2015 7:28 pm

I desperately need help and guidance. My UK Tier1 General Visa Extn is refused due to Maintenance Fund under paragraph 245CA(e) and Appendix C. Basically my saving was below 945£ on 4 different period within 90 days. I assumed that we need to have closing balance at the end of statement cycle to show above 945£. Can I go further with administrative review and can I show my Indian Account for this purpose. Appreciate if anyone can advise me on this.

naveediiqbal
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Pakistan

Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Tue Apr 21, 2015 10:09 pm

Hi,

It is so sad to hear that. Do you have a right to appeal. Further, I m not sure if you have not claimed some other account balance then you could claim in appeal / administrative review. Get some good solicitor to advice. Wish you good luck for your efforts.

famkris
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Re: UK Tier1 General Visa Extn Refused

Post by famkris » Wed Apr 22, 2015 4:07 am

Hi
Thanks for your reply. Yes I have been given a chance for administrative review. Can I show fund from my Indian bank account?

Any other suggestions please

vinny
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Re: UK Tier1 General Visa Extn Refused

Post by vinny » Wed Apr 22, 2015 6:30 am

Given the inflexible approach of the PBS system, it is unlikely that new evidence may be accepted.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naveediiqbal
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Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Wed Apr 22, 2015 6:52 am

vinny wrote:Given the inflexible approach of the PBS system, it is unlikely that new evidence may be accepted.
Hi Vinny,

Just out of curiosity wanted to know what is actually a new evidence. If somebody has sent some documents e.g income payslips and these were simply interpreted wrongly loke Home office has calculated income less than what os required hence rejected visa and did not send back originals sent to them and apparent then in appeal send the same evidence obtained again to just show the correct computation. Will this counted a new evidence or not. Thanks for your time and guidance.

naveediiqbal
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Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Wed Apr 22, 2015 7:01 am

famkris wrote:Hi
Thanks for your reply. Yes I have been given a chance for administrative review. Can I show fund from my Indian bank account?

Any other suggestions please
Hi,
When your previous leaves are expiring.

Can you try getting tier 2 to complete remaining time period.

Regards,

vinny
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Re: UK Tier1 General Visa Extn Refused

Post by vinny » Wed Apr 22, 2015 8:30 am

If it's the same evidence, but misinterpreted, then I don't think it would be considered as new evidence. So this should be admissible, subject to any new interpretation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

famkris
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Re: UK Tier1 General Visa Extn Refused

Post by famkris » Wed Apr 22, 2015 9:19 am

Hi,

I entered UK on 16th Aug 2010 with Tier2(ICT) until 2nd Aug 2011. I got my Tier1(General) while in UK on 6th July 2011 until 6th July 2013. I got my first extension on 12th June 2013 until 12th June 2016. I will be eligible for ILR on 6th July 2016 but there will be sort of 24 days considering 5 years starting 6th July 2011. To fill this gap I applied for 2nd extension just to be on safer side and now having this refusal.

With the above situation, Do I still need to get Tier2 or will my ILR go thru with 24days short?

I appreciate all your help on this difficult situation.

naveediiqbal
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Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Wed Apr 22, 2015 9:24 am

Have you considered 28 days rule for ILR

famkris
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Re: UK Tier1 General Visa Extn Refused

Post by famkris » Wed Apr 22, 2015 9:31 am

Hi,

I have read thru the forums and there wasn't consistent message on the 28 days for ILR but recommended to have additional extension.

haiksuresh
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Re: UK Tier1 General Visa Extn Refused

Post by haiksuresh » Wed Apr 22, 2015 9:31 am

When was your initial visa issued ? i.e Tier2(ICT)

If i assume your eligibility start date was 16th Aug 2010 then you will be eligible to apply ILR on or after Sunday, 19 July 2015

Regards,
Suresh

haiksuresh
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Re: UK Tier1 General Visa Extn Refused

Post by haiksuresh » Wed Apr 22, 2015 9:35 am

Just recollected, Seems recently they changed application, You can't include Tier 2 ICT. So your start date will be 6th July 2011
So you will be completed 5 years by 6th July 2016. If you consider 28 days rule. then you will be in safe position i.e you can apply for ILR on or after Wednesday, 8 June 2016.

Regards,
suresh

famkris
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Re: UK Tier1 General Visa Extn Refused

Post by famkris » Wed Apr 22, 2015 9:49 am

Thanks Suresh. Will they still look at 5 year period to the date of visa expiry? Will this case go thru same day service?


Thanks again to everyone for your valuable input.

haiksuresh
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Re: UK Tier1 General Visa Extn Refused

Post by haiksuresh » Wed Apr 22, 2015 10:33 am

Are you self employed or salaried.. if you are salaried it will go very smoothly. No issues.

cs95tdg
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Re: UK Tier1 General Visa Extn Refused

Post by cs95tdg » Wed Apr 22, 2015 12:42 pm

famkris wrote:Will they still look at 5 year period to the date of visa expiry? Will this case go thru same day service?
As you will be able to apply up to 28 days before 6 July 2016, you should be able to make a in-time postal application anywhere between 8th June 2016 and 12th June 2016 when your current LTR expires.

I suggest a postal application because you would then most probably meet the 5 year residential requirement with valid LTR through virtue of S3C, while your application is being processed. Unlike PEO applications that are decided on the day you apply.

naveediiqbal
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Pakistan

Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Wed Apr 22, 2015 1:07 pm

Hi senior member please advise me on my case as well. http://www.immigrationboards.com/uk-tie ... 82983.html

Thanks for guidance
Last edited by naveediiqbal on Wed Apr 22, 2015 1:21 pm, edited 1 time in total.

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: UK Tier1 General Visa Extn Refused

Post by naveediiqbal » Wed Apr 22, 2015 1:19 pm

l

famkris
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Re: UK Tier1 General Visa Extn Refused

Post by famkris » Wed Apr 22, 2015 6:22 pm

Suresh,
I am salaried. Will the same day interview go thru as it will take 6 months to 1 year for postal.

Momi
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Re: UK Tier1 General Visa Extn Refused

Post by Momi » Fri Apr 24, 2015 12:21 am

famkris wrote:I desperately need help and guidance. My UK Tier1 General Visa Extn is refused due to Maintenance Fund under paragraph 245CA(e) and Appendix C. Basically my saving was below 945£ on 4 different period within 90 days. I assumed that we need to have closing balance at the end of statement cycle to show above 945£. Can I go further with administrative review and can I show my Indian Account for this purpose. Appreciate if anyone can advise me on this.
It's a very silly mistake to be honest. HO checks each day balance for 90 days and I think they are not going to accept new evidence. :(

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