WP 5 Years ..Initially refused ILR at Croyden PEO

Initially refused…
Hi everybody, well I applied for ILR on 4th Oct at Croyden PEO , caseworker told me your case has been initially refused and you will get formal refusal letter soon. He mentioned that there is nothing wrong with your application but been let down by your Employer who is not paying according to COP.
Well the fact is according to my COP I should be earning minimum £27027 per annum and my employer mentioned on the letter given to me for ILR that my basic salary is £26500 and Rental allowance is £5400 so total I earn is £31900 which is more than the minimum amount I should earn. My employer been to website before they increased my salary and check that there were nothing mention about BASIC salary, it was just confirming that I should be earning more than the minimum amount according to my COP.
Please can some advice me on followings:
1) How long UKBA will take to send me refusal letter so I can apply again as my employer has increased my basic salary and reduce the allowance I.e Basic salary £28000 plus £3900 as total salary is still same.
2) Shall I contact the UKBA and send them my latest payslips and bank statement along latest employment letter confirming my salary increase?
Thanks in advance

1. When an application is refused at a PEO, the applicant is issued a formal letter confirming the same - then and there!.
2. What you suggest as "initially refused" is in fact a deferment wherein the caseworker who assessed the application on the date of your appointment was unsure about his assessment of the case and has referred your application for evaluation by another / senior caseworker.
3. No one can tell you how long this may take.
4. If you are in a hurry to reapply, you may withdraw your application.

From 4 Oct 2011 till date it is too much time to issue a formal refusal letter as no other issue was involved.

Consider sending a politely worded complaint through post (instead of email) regarding the standard of service at PEO - by using the form provided by UKBA.

http://www.ukba.homeoffice.gov.uk/about ... complaint/

Post the complaint registration form at address given blew:

UKBA Complaints Allocation Hub
Lunar House
Wellesley Road
Croydon
CR9 2BY


Just write that you paid premium fee for urgent consideration of your case due to your peculiar circumstances and principle of propriety warrants priority handling of your pending case. If you have children add a line that early decision is important for them as well.

sushdmehta wrote:1. When an application is refused at a PEO, the applicant is issued a formal letter confirming the same - then and there!.
2. What you suggest as "initially refused" is in fact a deferment wherein the caseworker who assessed the application on the date of your appointment was unsure about his assessment of the case and has referred your application for evaluation by another / senior caseworker.
3. No one can tell you how long this may take.
4. If you are in a hurry to reapply, you may withdraw your application.

thanks for your reply..
1) well the case worker initially told me that your application has been refused but at the same time he didnt issue the formal refusal letter
2) the way i see it, as he wasnt sure about to use BASIC PAY or TOTAL PAY agaist minimum pay threshold.
3) do you know anyone else has same senario so it could give me so idea how long they will take.
4) my employer has increase my basic pay and reduce the allowance, total pay is still the same, employer has issue me the new letter confirming this.. so need advice that, shall i withdraw the case and re-apply?
thanks in advance

jami wrote:From 4 Oct 2011 till date it is too much time to issue a formal refusal letter as no other issue was involved.

Consider sending a politely worded complaint through post (instead of email) regarding the standard of service at PEO - by using the form provided by UKBA.

http://www.ukba.homeoffice.gov.uk/about ... complaint/

Post the complaint registration form at address given blew:

UKBA Complaints Allocation Hub
Lunar House
Wellesley Road
Croydon
CR9 2BY


Just write that you paid premium fee for urgent consideration of your case due to your peculiar circumstances and principle of propriety warrants priority handling of your pending case. If you have children add a line that early decision is important for them as well.

Thanks Jami,
am confused as caseworker told me wait for formal refusal letter but the letter issue to me wasnt confirming anything like , initial refusal or formal refusal, just stating that your application is under review(like other ppl get the same latter) so why he said to me that "THERE IS NOTHING WRONG WITH YOUR APPLICATION MR.S BUT EMPOLYER LETTER HAS LET YOU DOWN, AND I CANT TAKE ALLOWANCE IN CONSIDERATION SO AM REFUSING YOUR CASE" i even mentioned to him that there is no such info that your basic pay or total pay should be over the minimum threshold , but he just said, WAIT FOR FORMAL REFUSAL LETTER

sib797 wrote:just stating that your application is under review(

which confirms that your application was "deferred" (and not refused as you keep repeating)!!

What the caseworker told you verbally and what you understood of it is irrelevant.

thanks, so it means i can breath until i get response from UKBA, one more thing,
Shall i contact to UKBA to expedite my application as i pay for premier service or wait for 14 weeks?

There may be some but I have not seen any instance where a formal refusal letter was issued on the spot at PEO. Even if someone is verbally told of refusal he gets a standard letter stating that “your application is valid but there are further enquires that need to be made on your case -----“.

Take a chance and send a letter to the person who issued you aforesaid acknowledgment explaining your case and attaching employer letter you have mentioned. By withdrawing application you would lose your fee and there is no advantage. Whereas on writing a letter there is a slight chance of success and/or earlier decision at least.

When your current leave is expiring?

@ Jami,
my current leave to remain is until March 2013.

That is why UKBA is no hurry.

Update: i rang UKBA in the morning and ask them i need to send few documents to assist my application, she give me the Croydon PEO address to post them. sending them following docs, correct me if i need to send any other docs:

1) covering letter
2) Employer letter to me confirming that basic salary has been increased but total salary is same (basic salary is now£28500 which is now over SOC threshold)
3) Employer letter to UKBA confirming the salary is above the SOC minimum theshold plus we still need the applicant on this job
4) latest bank statement confirming the new salary is hitting the account

can any one advice me if i need any other docs to send...

Thanks

No further document required.
Write your case ID Number on top of envelop

jami wrote:No further document required.
Write your case ID Number on top of envelop

Thanks Jami, i will do that , but i was wondering do they take decision on such cases at croydon OR send paper work to liverpool?

Thanks

Send documents to PEO attended.

farah wrote:Send documents to PEO attended.

thanks Farah,

i will send them to croydon which i attended before, have got any idea how long they will take further?

UPDATES:-
13th December 2011 : Received a call from UKBA, confirm my name and address then give me the good news that your application has been APPROVED, and we will post the passport out to you in next 24 hours.
15th December 2011: Received passport today about 11:17am. ILR STAMPED

I would really thankful to all the people on this forum specially SUSHDMETHA and JAMI who actually advised me to do the letter explaining the situation to UKBA. I send the following document and letter to them, it might help someone:

UK Border Agency
Lunar House
40, Wellesley Road
Croydon
CR9 2BY

Dated: 7th December 2011

Case ID: xxxx
Your Ref: xxxx


Dear Sir/Madam,

I have applied for Indefinite Leave to Remain on 4th October 2011 at PEO Croydon on the basis of completion of 5 years on work permit. Please note following changes to my current salary package effective 7th October 2011:

1) My basic salary has been increased to £28123.00 per annum.
2) Rental Allowance has been reduced to £2850.00 per annum
3) My total salary will be the same as it was before, i.e. £30973.00 per annum

Please find following documents to confirm the changes to my salary package:

1) Confirmation of pay rise from xxxxx (the employer) to Mr S..
2) Employer’s letter confirming the pay rise and also confirming that Mr S. salary is above the appropriate rate of £27027 per annum as per SOC 3534.
3) Latest Pay slips up to 2nd December 2011 with increased pay
4) Last 3 months bank statement.

I have a humble request if you could expedite my application as I already booked my 2 weeks Christmas holidays to attend my brother’s wedding in Pakistan and I would not be able to buy the tickets until I get response from your side..

SUMMERY OF THE CASE:

4th Oct 2011 Applied for ILR on 5 year WP basis at Croydon CEO

4th Oct 2011 Was been told by supervisor that your case has been Rejected and you will received rejection letter in few days. But never get any

1st December 2011 Advised by SUSHDMETHA and JAMI that I need to send them a letter explaining the situation and encourage me to do so as I was confused because at PEO case worker told me verbally that my case has been rejected

7th December 2011 Post the docs
12th December 2011 ILR stampled
15th December 2011 Got Passport back.

What I learnt on this forum…
Never lose hope and always listen to the moderators, they have plenty of experience.

if any of you are in same boat and need any kinda of help or info, let me know if i can do anything...

thank your very much all of you guys... God bless you ALL