In-Country Tier-1 (G) Refused - No right to appeal

Hi All,

I have recently been refused In country Tier 1 General visa. I have not been given a right to appeal as have a valid UK work visa. The reason for refusal is as follows:

"On 13th July 2010 and on 04 Aug 2010 we wrote to you and contacted to you via email requesting further information regarding your earnings in the United Kingdom.

We have not received a response regarding the information we requested and have made the decision based on the information previously supplied.â€

Any help???

Hi,

Is my case so unique that nobody has faced it and no one on this forum can guide me on this? I have been in conversation with solicitors and all of them have been giving me different versions of their advice.

Requesting members to please help me. All I want to understand should I go for a solicitor and file the pre-action claim letter. I doubt if I will be able to bear the costs of JR but is Pre action an option or should I forget about the application?

Best regards

anns wrote:1. I did not receive any email on the email id I had provided in my application form.

Your word against UKBA's. What if UKBA can prove that an email was sent to you at the address you provided? Not unusual for the email to have landed in your spam / junk mailbox and you missed noticing it.

anns wrote:2. My employer did receive a postal letter dated 04th August from UK Home office and my employer responded back to the letter on 19th August by standard post. I received the refusal letter dates 24th August. I dont think the case worker received the response from my employer before making the decision.

Did the letter to employer state any timeframe within which UKBA expected a response? If so, was it adhered to?

anns wrote:3. The address mentioned by the case worker on my refusal letter had the wrong flat number. The only reason I received the refusal letter with all the documents correctly is because I had send a return envelope along with my application. I had written the correct address in my application form as I received the acknowledgement letter on my correct address. If the case worker had written to me by post I might not have received the letter due to wrong flat number.

IMHO, irrelevant. You are assuming that just as the refusal was addressed to the wrong flat number, perhaps the email was sent to the wrong email address.


IMHO ....



regards

Thanks sushdmehta for the response:

1. I am sure I did not receive any email on 4th August as I have checked my spam/junk/trash folders and I retrieved all the deleted emails for 4th August.
Yes I know I cannot prove this, which is the problem.
Are there any guidelines around, how and how many times the case worker is required to contact you in case of a query? Its not a case of incomplete documents. I had submitted all the required documents. The case worker had a query about "perdiems" component on my salary slip.

2. The letter to my employer did not state any time frame for responding back and hence my employer nor I had no way of knowing the urgency of the letter.Are there any guidelines around by when the response should be send back to any query raised by Home office on an application?

Since receiving the refusal, I contacted the UK BA contact centre and checked my file and confirmed that the postal address is wrong in their file.

Is the caseworker / UKBA under any legal obligation to contact you for clarifications or additional information regarding your application? No!

Unfortunately, the caseworker seems to have offered an opportunity to you and your employer to respond to queries that were keeping him/her from making a decision on your application but somehow the opportunity was lost and the caseworker made a decision based on the evidence(s) in front of him/her.

IMHO ...


regards

anns wrote:Thanks sushdmehta for the response:

1. I am sure I did not receive any email on 4th August as I have checked my spam/junk/trash folders and I retrieved all the deleted emails for 4th August.
Yes I know I cannot prove this, which is the problem.
Are there any guidelines around, how and how many times the case worker is required to contact you in case of a query? Its not a case of incomplete documents. I had submitted all the required documents. The case worker had a query about "perdiems" component on my salary slip.

2. The letter to my employer did not state any time frame for responding back and hence my employer nor I had no way of knowing the urgency of the letter.Are there any guidelines around by when the response should be send back to any query raised by Home office on an application?

Since receiving the refusal, I contacted the UK BA contact centre and checked my file and confirmed that the postal address is wrong in their file.

Hi ,

Well , my question is simple .. Have you completed your application in full ? and why in the end he asked for the information .

I can see one point in your case to be positive .. ask your company HR to write an email to agency ( through lawyer if you afford) that we received the letter on abc date and we responded the letter on XYZ date. May be it will help

Cheers and wish you best of luck mate!