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TIER 1 GENERAL EXTENSION REFUSED

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

akinsman
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TIER 1 GENERAL EXTENSION REFUSED

Post by akinsman » Sun Jun 28, 2015 10:58 am

Hello

I have been refused extension of my tier 1 visa application and the reason mentioned in the letter states that the accountant did not ''give a breakdown of salary income, tax deduction and dividend payment made to the applicant, and which enable the UK border agency to check that the total gross salary and dividend payment correspond with the net payment into applicant personal bank account''. This is the reason mentioned by home office and quoted from appendix A of immigration rule. My accountant told me that either the case worker lacks accounting skills or he has confused my self employed business for limited company. He said on the issue of dividend payment, I am a sole trader and not a limited company hence I am not getting dividend from my own company and that it is a general knowledge that a sole proprietor does not not get dividend. On the issue of breakdown of gross salary, he said a sole trader does not receive salary from his own business because he keeps his entire net profit and that what happens is that a sole trader makes drawing (withdrawal) from his account to meet his personal expenses and that can not be reffered to as salary. On the issue of tax deduction, he said the statement of income and expenditure prepared for home office showed the net income of my self employed business and that since I have other sources of income all these would b added together at the end of tax year and then sent to HRMC which will then be computed for tax and the actual amount of tax to be paid would be known. He further said that at the time the account was prepared in february the tax year had not ended and since I was still trading he could not have projected how much would be paid as tax. He concluded that the caseworker must have confused my self employed business for a limited company. Please I need informed opinion on this before my administrative review. Has anyone had this issue with Home Office Thanks.

muraxza
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Re: TIER 1 GENERAL EXTENSION REFUSED

Post by muraxza » Sun Jun 28, 2015 12:05 pm

Hello

yes your accountant is absolutely right, however i wonder if you had submitted the invoices, profit & loss and balance sheet with your application, casue while deciding the application case worker checks your profit & loss and profit of the the 12 months if this equates to your current threshold then it shouldn't be a problem secondly for tax calculation you can't calculate your personal tax just on your self employed, cause personal tax get calculates on other sources of income as well.

regards
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akinsman
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Re: TIER 1 GENERAL EXTENSION REFUSED

Post by akinsman » Sun Jun 28, 2015 2:20 pm

Thank you Blocked Username
The documents sent with my application include
Statement of account and expenditure which showed the profit and loss
Invoices for all the payments made into my account
Bank statement of account which show all these payments and corroborated the payments on the invoices

akinsman
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Administrative review refused

Post by akinsman » Sat Jul 18, 2015 6:39 pm

Hello
I submitted my application for Tier1 General visa extension in April before the closing date. On the 10th of June i received my document with a letter from administrative review team in Manchester that I should leave the UK because home office had earlier notified me of the refusal of my application and the need for administrative review within 14 days of the receipt of the decision letter. I did not receive any letter and I have waited anxiously to get the outcome of the application. On the 16 off June I received an email from Sheffield team that processed the application that the supposed letter that the admin team claimed had been sent to me was returned to them by Royal Mail as 'not called for'. The team then told me to confirm my address so they could re issue the letter to me. I sent email back to them and confirmed same address. On the 22 of June I formerly received the letter of refusal and letter from Loughborough Reporting Centre informing me that I have no leave to remain in the UK and that I must report to the centre every two weeks. The reason given for refusal of my application was based on self employed business. The letter was dated 18 May 2015. I then sent an email to the Sheffield team to remind them that I did not receive the letter until 22 of June and not 10 of May which was the date of the first issue of the letter. The letter of refusal said i had 14 days from the date of the receipt of the letter to apply for administrative review and I sent it on the 29 June. On the 11 July the admin team sent decision letter to me and said the review had been refused because it was not made within the timescale of the 14 days. In taking its decision the admin team relied on the first date of issue of the letter which was 18 of May and not 22 June the date I received the letter as the day of delivery despite the fact hat the sheffield team that sent the letter of refusal before had now acknowledged that i did not receive the letter. They have also passed my details to loughborough reporting centre and Capital and now they are planning to remove me. I need your help please what do I do.

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Re: ADMINISTRATIVE REVIEW REFUSED

Post by geriatrix » Sat Jul 18, 2015 6:47 pm

When you applied for administrative review, did you include printouts of the following emails?
On the 16 off June I received an email from Sheffield team that processed the application that the supposed letter that the admin team claimed had been sent to me was returned to them by Royal Mail as 'not called for'. The team then told me to confirm my address so they could re issue the letter to me. I sent email back to them and confirmed same address.
"Not called for" mails are returned to sender when receiver does not contact RM for collection / redelivery of "while you were out" mails that may require a signature.
What are the chances of a "while you are away" card being misplaced at your address?

UKV&I may claim that you were at fault for not collecting the letter, despite RM leaving a "while you were away" note! So, it is your word against theirs.


Seek professional help.
Life isn't fair, but you can be!

akinsman
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Re: ADMINISTRATIVE REVIEW REFUSED

Post by akinsman » Sat Jul 18, 2015 7:00 pm

Thank you sushbmetha the administrative review is an online form, you fill it online and send it there is no opportunity to attach any document. However when i received the letter from admin team on 10 of June I replied the letter with copies of the email exchange between sheffield team and my reply which I sent to the the admin team on the 18 of June to inform them that i did not receive the letter and that the sheffield team had confirmed that i did not. That was before the admin review of 29 june

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Re: ADMINISTRATIVE REVIEW REFUSED

Post by rpsarangi » Sat Jul 18, 2015 10:40 pm

Can you please say why they refuse your extension application .. I know you said mentioned about your self employment . But can you please say what reason they said for the refusal.
Than you .
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Fingers crossed.....Trust in God.....
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akinsman
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Re: ADMINISTRATIVE REVIEW REFUSED

Post by akinsman » Sat Jul 18, 2015 11:26 pm

The case working team used I migration rule Appendix A of the Tier1 General visa on previous earning as reason for refusal. The case working team claimed that my accountant did not provide the break down of gross salary, tax deduction and dividend payment which will enable home office to calculate the total net profit paid into my account. I think the case working team confused my self employed business for limited company. I mentioned that i am into self employed business hence there can be no dividend paid to me, neither salary or gross salary. What I earn is my income and not salary. On the issue of tax, at the time of submitting my application the tax year was still ongoing and i had other sources of income. The accountant explained to me that it would have been impossible to project the amount of tax to be paid when the tax year was still ongoing

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Re: ADMINISTRATIVE REVIEW REFUSED

Post by rpsarangi » Sun Jul 19, 2015 10:51 am

akinsman your accountant is right that the tax cant be projected when the finiancial HMRC is still ongoing.
Did your accountant provide a income certificate saying that you are operating in the sole trader category within the self employment and XXX is your income and YYY is your expenditure for that period and the net profit from the self-employment activities is ZZZ. That letter from the accountant should have been clear for HO that you dont operate in the limited company capacity.

I think you need professional help to fight your case now as you they have eliminated the appeal now days.
good luck and please keep posting your future course of actions that will take.
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Fingers crossed.....Trust in God.....
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naveediiqbal
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Re: ADMINISTRATIVE REVIEW REFUSED

Post by naveediiqbal » Mon Jul 20, 2015 8:55 am

akinsman wrote:Hello
I submitted my application for Tier1 General visa extension in April before the closing date. On the 10th of June i received my document with a letter from administrative review team in Manchester that I should leave the UK because home office had earlier notified me of the refusal of my application and the need for administrative review within 14 days of the receipt of the decision letter. I did not receive any letter and I have waited anxiously to get the outcome of the application. On the 16 off June I received an email from Sheffield team that processed the application that the supposed letter that the admin team claimed had been sent to me was returned to them by Royal Mail as 'not called for'. The team then told me to confirm my address so they could re issue the letter to me. I sent email back to them and confirmed same address. On the 22 of June I formerly received the letter of refusal and letter from Loughborough Reporting Centre informing me that I have no leave to remain in the UK and that I must report to the centre every two weeks. The reason given for refusal of my application was based on self employed business. The letter was dated 18 May 2015. I then sent an email to the Sheffield team to remind them that I did not receive the letter until 22 of June and not 10 of May which was the date of the first issue of the letter. The letter of refusal said i had 14 days from the date of the receipt of the letter to apply for administrative review and I sent it on the 29 June. On the 11 July the admin team sent decision letter to me and said the review had been refused because it was not made within the timescale of the 14 days. In taking its decision the admin team relied on the first date of issue of the letter which was 18 of May and not 22 June the date I received the letter as the day of delivery despite the fact hat the sheffield team that sent the letter of refusal before had now acknowledged that i did not receive the letter. They have also passed my details to loughborough reporting centre and Capital and now they are planning to remove me. I need your help please what do I do.
Hi seek professional help, like PAP, I think you have a strong point in either reconsideration or JR as the rules are as you said "The letter of refusal said i had 14 days from the date of the receipt of the letter to apply for administrative review and I sent it on the 29 June." technically you did not receive these. So you must be given 14 days to file AR

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Re: ADMINISTRATIVE REVIEW REFUSED

Post by naveediiqbal » Tue Jul 21, 2015 9:50 am

akinsman wrote:The case working team used I migration rule Appendix A of the Tier1 General visa on previous earning as reason for refusal. The case working team claimed that my accountant did not provide the break down of gross salary, tax deduction and dividend payment which will enable home office to calculate the total net profit paid into my account. I think the case working team confused my self employed business for limited company. I mentioned that i am into self employed business hence there can be no dividend paid to me, neither salary or gross salary. What I earn is my income and not salary. On the issue of tax, at the time of submitting my application the tax year was still ongoing and i had other sources of income. The accountant explained to me that it would have been impossible to project the amount of tax to be paid when the tax year was still ongoing
Hi, any updates on your case, have you sought any legal help?

akinsman
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Re: ADMINISTRATIVE REVIEW REFUSED

Post by akinsman » Tue Jul 21, 2015 9:13 pm

Seems home office is bent on removing me from UK withoutn giving me opportunity for fair hearing. They have referred my case to reporting centre and despite my point that i have not done any wrong i have gone their twice to report and my fear is that they may remove me anytime. Meanwhile my lawyer who told me that the only way i could go about this case is judicial review which we are now hoping to initiate soonest. Thank you

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Re: ADMINISTRATIVE REVIEW REFUSED

Post by naveediiqbal » Tue Jul 21, 2015 10:24 pm

Hi,

Good luck, have faith in God and go for JR, you will be good. But initiate it asap

akinsman
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Judicial Review

Post by akinsman » Sat Aug 29, 2015 10:15 am

Hi

I have just received the decision letter of my admin review after pre action notice filed in regard to the HO initial refusal to grant me admin review based on their procedural irregularities that i submitted the application for review late. The review has now been done and the review team maintained the position of the case working team that i failed to meet Appendix A Paragraph C and 19 SD (VI) and (vii) which briefly states that my accountant did not confirm ''gross and net pay, salary, profits, dates of net payment and tax''. It further mentioned that i did not clearly demonstrate gross earning in my account. This is laughable because i am self employed and trading as sole trader. I dont receive salary from my own business but income and so i could not have shown breakdown of gross salary, and also at the time of submitting the application the tax year had not ended and so no payment on tax had been made that would allow me to show the date of tax payment. More importantly, net payment can not be shown in my bank account but on the statement of income and expenditure which was clearly mentioned by the accountant. infact the income and expenditure account showed the total gross and then itemised deductions excluding tax and what was left was the net income and mentioned in the account. It is very unfortunate I feel tears coming from my eyes even while writing this. In the initial letter of refusal, the case working team also used the point that my accountant did not show evidence of dividend payment. I thrashed them on that and they have now cleverly removed it and now holding on to break down of gross income. I provided invoices and statement of account and both pieces of evidence corroborated eachother. The invoices is a fuller explanation of, and breakdown of, how the earnings were made for the year under review. It showed the name of my clients and addresses, date of payment, rate charged each client and amount paid. It also mentioned the nature of services provided what other breakdown of gross income do they want. if the case working team and the admin review team were confused and needed more explanation the provision of evidential flexibility should have been used but they ignored all this and told me I an now due for removal. I am sorry for my outburst. Can anyone please tell me if I need another pre action protocol or to go straight for judicial review
.Thank you

naveediiqbal
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Re: Administrative review refused

Post by naveediiqbal » Sat Aug 29, 2015 11:20 am

My understanding is that you may need to initial PAP beforefoling JR. What your legal counsel says about this. What ever needs to be done you must inititiate without loosing any second and cover yourself lawfully. I am not sure if your legal stay remained s or not as AR period lapsed (debatable issue) but JR will not increase 3d leaves and you may be a overstayed while its in progression.

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Re: Administrative review refused

Post by geriatrix » Sat Aug 29, 2015 4:25 pm

I believe this is the "letter of response" to your "letter before claim", and UKVI has not conceded to your claim(s). The only option now is to submit a claim a judicial review.

Do note that if you were not given a right for second administrative review, then you became an overstayer the one day after you received the result of the administrative review. You have been an overstayer since then. JR has not bearing on your immigration status (overstayer) unless the judge declares the refusal as unlawful.
Life isn't fair, but you can be!

akinsman
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Re: Administrative review refused

Post by akinsman » Sat Aug 29, 2015 6:17 pm

Thanks to the two gentlemen that responded to my post. What this means is that there will be no need to pursue JR since i am now an overstayer because i was not given right of second admin review. The letter said if i have any reason to remain in the uk i should say so in the next 14 days. What is the point of JR then if you can not approach the court to review the decision made by a public body because the public body has stripped me of my status. Does this mean you can only approach the court if you still have leave too remain, also can JR entertain my case now that i am overstayer and will HO remove me while pursuing the JR

Thank you.

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Re: Administrative review refused

Post by geriatrix » Sat Aug 29, 2015 6:34 pm

The point of JR (if there is merit) is to prove to Home Office that the decision to refuse the application was unlawful and because the decision was unlawful you were never an overstayer (in other words - you are deemed an overstayer as a result of an unlawful decision, hence deeming you an overstayer was unlawful too).

The problem is - all this can happen only if the judge rules in your favor. That's the "point of JR".
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Re: Administrative review refused

Post by naveediiqbal » Sat Aug 29, 2015 6:40 pm

sushdmehta wrote:The point of JR (if there is merit) is to prove to Home Office that the decision to refuse the application was unlawful and because the decision was unlawful you were never an overstayer (in other words - you are deemed an overstayer as a result of an unlawful decision, hence deeming you an overstayer was unlawful too).

The problem is - all this can happen only if the judge rules in your favor. That's the "point of JR".

The further question is if somebody has filed successfully the JR and during that process there are no lawfully leaves under 3D thus an overstay, can one stay until JR result or need to leave country.

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Re: Administrative review refused

Post by geriatrix » Sat Aug 29, 2015 6:52 pm

Neither does applying for JR has anything to do with whether one's stay is legal or not, nor does such application confer any right to stay in the UK if there is none.
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Re: Judicial Review

Post by sagareva » Sun Aug 30, 2015 1:42 am

akinsman wrote:Hi

I have just received the decision letter of my admin review after pre action notice filed in regard to the HO initial refusal to grant me admin review based on their procedural irregularities that i submitted the application for review late. The review has now been done and the review team maintained the position of the case working team that i failed to meet Appendix A Paragraph C and 19 SD (VI) and (vii) which briefly states that my accountant did not confirm ''gross and net pay, salary, profits, dates of net payment and tax''. It further mentioned that i did not clearly demonstrate gross earning in my account. This is laughable because i am self employed and trading as sole trader. I dont receive salary from my own business but income and so i could not have shown breakdown of gross salary, and also at the time of submitting the application the tax year had not ended and so no payment on tax had been made that would allow me to show the date of tax payment. More importantly, net payment can not be shown in my bank account but on the statement of income and expenditure which was clearly mentioned by the accountant. infact the income and expenditure account showed the total gross and then itemised deductions excluding tax and what was left was the net income and mentioned in the account. It is very unfortunate I feel tears coming from my eyes even while writing this. In the initial letter of refusal, the case working team also used the point that my accountant did not show evidence of dividend payment. I thrashed them on that and they have now cleverly removed it and now holding on to break down of gross income. I provided invoices and statement of account and both pieces of evidence corroborated eachother. The invoices is a fuller explanation of, and breakdown of, how the earnings were made for the year under review. It showed the name of my clients and addresses, date of payment, rate charged each client and amount paid. It also mentioned the nature of services provided what other breakdown of gross income do they want. if the case working team and the admin review team were confused and needed more explanation the provision of evidential flexibility should have been used but they ignored all this and told me I an now due for removal. I am sorry for my outburst. Can anyone please tell me if I need another pre action protocol or to go straight for judicial review
.Thank you
when it gets to this point -- perpetuation of circular typical-HO stupidity -- you just need to go ahead with JR.

From the HO perspective your stay is now illegal. But your position should be -- you filed an approvable application, so once justice prevails the decision will be eventually rendered invalid, thus putting you in a position when you sitll have 3C leave because it will be still pending.

you should stop worrying about legal presence -- that ship has sailed -- and worry about your JR. this is now the only process that will put this right. You are unlikely to be removed while it is pending.

However whether you need another PAP depends on what you were proposing to challenge in your pap -- failure to give you AR, or the application refusal itself?

In case of the former, I would reissue another PAP now, on the actual merits of the application.

Except

technically the original decision is now time-barred, is one were to go -- again -- with the 10th of May decision date. Time limit for JR is 3 months from the date of the impugned decision. You may try to still file but you have very little time left -- and need to explain this in the filing for permission to apply. I am guessing the relevant date -- as far as the court would be concerned in this case -- will be the date you received the communication from Manchester, as this is the date you knew you were wronged (even if you hadnt received the decision then). under this theory you have 11 days left. not even enough to issue a new PAP if needed. You can try to go with the date you actually received the decision giving you a few more days, although this is all already complicated territory and in any case you have just a few days now.

Now, you can challenge the AR decision based on the AR decision date -- if this is what you received.
However it is possible that what you received is not an AR decision but simply a responce to PAP, restating their original gibberish. In this case, you have a problem.

Without knowing what exactly was in yoru PAP and what exactly it is that you received now, it is hard to advise you.

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Re: Administrative review refused

Post by akinsman » Sun Aug 30, 2015 12:07 pm

Hello and thank you sagareva. please find below the details of the action the PAP expected HO to take

1, For the defendant to reconsider her position and grant the claimant leave to remain in the UK as Tier 1 Migrant

2, For the defendant to correct procedural irregularities that marred the applicant's application

3 If decision is maintained , for the defendant to grant the claimant in- country right of appeal under section 82(1) and 92(4)(a) of the Nationality and Immigration Act 2002

from my own understanding waht HO did was to satisfy the second paragraph by correcting the procedural irregularities and granted me a review which maintained the position of the case working team. this means the sudstantive of reefusal has now been dealt with by confirming the earlier position of HO

Please i want you or anyone help me tackle this issue too. i did a combination of salary employment and self employed HO awarded points for the salary employment based on the evidence provided payslips and bank statement and denied the self employment based on the income and expenditure account prepared by my accountant. I am just wondering that is it required that the statement of income and expenditure must provide details of my salary from my paid employment and taxes and showed everything in the statement of account and is it that the reason HO failed my application. i submitted invoices and bank statement for my self employed business

This is Appendix A 19SD (vi) and (vii) referred to by HO
(vi) If the applicant is claiming points for self-employed earnings, a letter from his
accountant on headed paper, confirming that the applicant received the exact amount he
is claiming, or the net profit to which he is entitled. This is a letter from the applicant's
accountant on headed paper confirming the gross and net pay for the period claimed.
The letter should give a breakdown of salary, dividends, profits, tax credits and dates of
15
net payments earned. If the applicant's earnings are a share of the net profit of the
company, the letter should also explain this;
(vii) Invoice explanations or payment summaries from the applicant's accountant, which
include a breakdown of the gross salary, tax deductions and dividend payments made to
the applicant, and which enable the UK Border Agency to check that the total gross
salary and dividend payments correspond with the net payments into the applicant's
personal bank account.

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Re: Administrative review refused

Post by geriatrix » Sun Aug 30, 2015 12:57 pm

What all evidence(s) did you submit to prove income from self-employment?
Be precise.
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Re: Administrative review refused

Post by akinsman » Sun Aug 30, 2015 1:09 pm

Thank you i submitted
Invoices
Bank statement of income and expenditure that corroborated the gross earning
Statement of income and expenditure for self employ showing gross earning from self employ business and deductions in terms of expenses and net payment

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Re: Administrative review refused

Post by romfordessex1 » Wed Sep 02, 2015 7:36 pm

Hi all,

I went through all your notes. My application was once rejected and returned in January 2015 quoting an unfair point stating that I have an outstanding appeal. I have applied again and that was refused again in March 2015 stating that I have not explained the services that I have offered pertaining to invoices in my self employment. I have answered and explained all the rejected points and submitted another application in april 2015 before closing the Tier1 general extension. Again refused stating that why I am doing a self employment and at the same time employed in a company. Also, quoted some other points questioning why? why? I have submitted an administrative review in July explaining all the points in question in the refusal. Reply received informing that they still maintain the original decision. However, they have not questioned or challenged any of the explanations that I have made in the final application and in the administrative review. But in the reply of Administrative review they have informed me that on balance of probability they are not accepting that my self employment have generated the amount that I have claimed. This was the only reason they pointed and have not challenged any of my documents. My barrister said this is a strange decision, unfair and unlawful.
I have sent a Pre Action Protocol. End of 14 days I have claimed JR. In the mean time I received a letter responding to my PAP asking for another 14 days to review my case. Tow days later I received another letter confirming that HO appointed Government solicitors to deal with my case.
I was asked to report to a centre every 2 weeks. I received many letters asking me to leave the country. I received couple of SMS too. Apparently, all economic migrants are victims these days immaterial of how genuine you are.

My advise to you is do not waste time. Go ahead and file your JR. I hope you will get a fair decision from the Judge.Wish you all the best!

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