HSMP Extension to Tier1 General rejected

[rampal]

Hi,

I am currently in UK on HSMP and applied for extension under Tier1 General. Visa got refused and received an appeal letter.

Intial HSMP Details:
Start Date: 1st May 2007
Expire Date:1st May 2009

Application Details:
Application Date: 30-Mar-2009
Application for: HSMP Extension under Tier1 General
Refusal letter received: 06-May-2009
Reasons:

Failure to Disclose material fact - I had driving offence and didn't provide the information in the application. I selected the option NO.

Insufficient Maintenance Funds: Submitted current account statements as proof. They considered perid from 24-Dec-2008 to 25-Mar-2009 and stated that the balance did not have £800 for the entire period.

For the above reasons they rejected my application and sent the appeal form.

Regarding driving offence,
1. Driving (drunk drive) offence happened in Jan 2007 and banned for 28 months. While applying for my inital HSMP I thought driving offence is not a criminal conviction. I didn't provide this info in my initial HSMP application. I got the approval.
2. Since I got my first approval I didnt't mention this in my extension application.

Regarding Maintenance funds,
1. I have enough balances in my current account and hence I used it as proof. During the last 90 days balance went less than £800 on some days.
2. I have money in my savings account but I didn't submit this with application.

Does anyone in this similar situations? Please help me to appeal against the HO decision.

Also I have some questions,

1. Can I appeal aginst this within given time (before 18-May-2009) through Immigration consultants?
2. During the appeal, Can I send my Savings account statements as eveidence for manitanence funds?

It would be really grateful if you guys provide some inputs to this.

many thanks in advance..

Regards
Rampal


In that I had £800 in EACH LAST 3 MONTH before the application.

[nksg]

Rampal,

Your case is really serious here.

Please dont waste time and seek professional advice.

In the maintenance section you should be fine if you have funds available on the other bank accounts for the period.

On the drunk driving issue how can you assume this was not a criminal conviction.. u went to the court!!

any ways the damage is done. I had similar case (did not declare this conviction in initial HSMP and did not do at the time of extn) but i realised in time and sent the information before the decision was taken. I am sure if your solicitor presents would know how to present you case. I think they must have rejected you under deception clause (320) which means ban for 10 years...

I did provide my reasons for not disclosing the fact initially.

[rampal]

Rampal,

Your case is really serious here.

Please dont waste time and seek professional advice.

In the maintenance section you should be fine if you have funds available on the other bank accounts for the period.

On the drunk driving issue how can you assume this was not a criminal conviction.. u went to the court!!

any ways the damage is done. I had similar case (did not declare this conviction in initial HSMP and did not do at the time of extn) but i realised in time and sent the information before the decision was taken. I am sure if your solicitor presents would know how to present you case. I think they must have rejected you under deception clause (320) which means ban for 10 years...

I did provide my reasons for not disclosing the fact initially.

Hi

Thanks for your reply. Could you provide what information/reasons you had given to HO.

[ChetanOjha]

Hi Rampal,

I think you can challenge on their decision. You can very well argue on the fact that you have driving offense before your initial HSMP and it went fine ok. So why the fuss this time? But make sure you do this through a professional qualified lawyer or you will not stand a chance.
As nksg said, seek professional advice asap.

Hi,

I am currently in UK on HSMP and applied for extension under Tier1 General. Visa got refused and received an appeal letter.

Intial HSMP Details:
Start Date: 1st May 2007
Expire Date:1st May 2009

Application Details:
Application Date: 30-Mar-2009
Application for: HSMP Extension under Tier1 General
Refusal letter received: 06-May-2009
Reasons:

Failure to Disclose material fact - I had driving offence and didn't provide the information in the application. I selected the option NO.

Insufficient Maintenance Funds: Submitted current account statements as proof. They considered perid from 24-Dec-2008 to 25-Mar-2009 and stated that the balance did not have £800 for the entire period.

For the above reasons they rejected my application and sent the appeal form.

Regarding driving offence,
1. Driving (drunk drive) offence happened in Jan 2007 and banned for 28 months. While applying for my inital HSMP I thought driving offence is not a criminal conviction. I didn't provide this info in my initial HSMP application. I got the approval.
2. Since I got my first approval I didnt't mention this in my extension application.

Regarding Maintenance funds,
1. I have enough balances in my current account and hence I used it as proof. During the last 90 days balance went less than £800 on some days.
2. I have money in my savings account but I didn't submit this with application.

Does anyone in this similar situations? Please help me to appeal against the HO decision.

Also I have some questions,

1. Can I appeal aginst this within given time (before 18-May-2009) through Immigration consultants?
2. During the appeal, Can I send my Savings account statements as eveidence for manitanence funds?

It would be really grateful if you guys provide some inputs to this.

many thanks in advance..

Regards
Rampal


In that I had £800 in EACH LAST 3 MONTH before the application.

[rampal]

Hi,

Thanks for the reply. I am seeking advice from Immigration consultants in London. They are specialised and I have fixed an appointment with them tomorrow to do an case assessment. I will keep you posted.

Many thanks...

Hi Rampal,

I think you can challenge on their decision. You can very well argue on the fact that you have driving offense before your initial HSMP and it went fine ok. So why the fuss this time? But make sure you do this through a professional qualified lawyer or you will not stand a chance.
As nksg said, seek professional advice asap.

Hi,

I am currently in UK on HSMP and applied for extension under Tier1 General. Visa got refused and received an appeal letter.

Intial HSMP Details:
Start Date: 1st May 2007
Expire Date:1st May 2009

Application Details:
Application Date: 30-Mar-2009
Application for: HSMP Extension under Tier1 General
Refusal letter received: 06-May-2009
Reasons:

Failure to Disclose material fact - I had driving offence and didn't provide the information in the application. I selected the option NO.

Insufficient Maintenance Funds: Submitted current account statements as proof. They considered perid from 24-Dec-2008 to 25-Mar-2009 and stated that the balance did not have £800 for the entire period.

For the above reasons they rejected my application and sent the appeal form.

Regarding driving offence,
1. Driving (drunk drive) offence happened in Jan 2007 and banned for 28 months. While applying for my inital HSMP I thought driving offence is not a criminal conviction. I didn't provide this info in my initial HSMP application. I got the approval.
2. Since I got my first approval I didnt't mention this in my extension application.

Regarding Maintenance funds,
1. I have enough balances in my current account and hence I used it as proof. During the last 90 days balance went less than £800 on some days.
2. I have money in my savings account but I didn't submit this with application.

Does anyone in this similar situations? Please help me to appeal against the HO decision.

Also I have some questions,

1. Can I appeal aginst this within given time (before 18-May-2009) through Immigration consultants?
2. During the appeal, Can I send my Savings account statements as eveidence for manitanence funds?

It would be really grateful if you guys provide some inputs to this.

many thanks in advance..

Regards
Rampal


In that I had £800 in EACH LAST 3 MONTH before the application.

[nksg]

Chetan,

I dont thik he should fight the case stating that his previous LTR was approved inspite he had this conviction as this might create more issues. Even i was under the same boat as after my conviction my WP was processed twice, 1 wp extn and initial HSMP. HO might come back saiyng that you have decieved them from the start. The form (even the old ones) clearly states that you need to declare the criminal conviction and the documents people get from Police in such cases clearly mentiones the word "Convicted".

In my case i claimed ignorent as i stated that i was under the assumption that my conviction is spent as i have already passed the 1 year ban period. But i was not aware that this remains on the file for 5 years. But i did this before the decision of my extn application was taken. So i am thinking caseworker took it lightly as i declared in the end.

Ram pal you have a solicitor now.. so he will advice you the best but please do not fight your case on the fact that your previous application was approved with the same undeclared conviction.

Regards,

NK

Hi Rampal,

I think you can challenge on their decision. You can very well argue on the fact that you have driving offense before your initial HSMP and it went fine ok. So why the fuss this time? But make sure you do this through a professional qualified lawyer or you will not stand a chance.
As nksg said, seek professional advice asap.

Hi,

I am currently in UK on HSMP and applied for extension under Tier1 General. Visa got refused and received an appeal letter.

Intial HSMP Details:
Start Date: 1st May 2007
Expire Date:1st May 2009

Application Details:
Application Date: 30-Mar-2009
Application for: HSMP Extension under Tier1 General
Refusal letter received: 06-May-2009
Reasons:

Failure to Disclose material fact - I had driving offence and didn't provide the information in the application. I selected the option NO.

Insufficient Maintenance Funds: Submitted current account statements as proof. They considered perid from 24-Dec-2008 to 25-Mar-2009 and stated that the balance did not have £800 for the entire period.

For the above reasons they rejected my application and sent the appeal form.

Regarding driving offence,
1. Driving (drunk drive) offence happened in Jan 2007 and banned for 28 months. While applying for my inital HSMP I thought driving offence is not a criminal conviction. I didn't provide this info in my initial HSMP application. I got the approval.
2. Since I got my first approval I didnt't mention this in my extension application.

Regarding Maintenance funds,
1. I have enough balances in my current account and hence I used it as proof. During the last 90 days balance went less than £800 on some days.
2. I have money in my savings account but I didn't submit this with application.

Does anyone in this similar situations? Please help me to appeal against the HO decision.

Also I have some questions,

1. Can I appeal aginst this within given time (before 18-May-2009) through Immigration consultants?
2. During the appeal, Can I send my Savings account statements as eveidence for manitanence funds?

It would be really grateful if you guys provide some inputs to this.

many thanks in advance..

Regards
Rampal


In that I had £800 in EACH LAST 3 MONTH before the application.

[rampal]

Hi,

Just update on my case, yesterday I had my hearing in Hatton cross AIT court.

firstly, no representative from HO so no arguments in the court. My barrister presented case very well and no questions from judge. The decision will be sent within 3-4 weeks time. Fingers crossed!!!

Will update once I get my determination.

Regards
Rampal

[ChetanOjha]

Hi,

Just update on my case, yesterday I had my hearing in Hatton cross AIT court.

firstly, no representative from HO so no arguments in the court. My barrister presented case very well and no questions from judge. The decision will be sent within 3-4 weeks time. Fingers crossed!!!

Will update once I get my determination.

Regards
Rampal

Looks like you will be fine. Good Luck.!!!