Tier 1 refused in error

Dear all,

My tier 1 (switching from WP) refused due to HO error. I have submitted my savings account statement for maintenance proof but HO looked at my current account statements (which was submitted for income proof) and refused my application by saying I don't have enough funds. But HO didn't looked at my savings account stat at all. I don't have right to appeal because I still have valid visa to stay in UK.

Is there any solution to this without making any new application. This is totaly due to HO error. Really appreciate any help.

Many thanks

Hi Suresh,

Logically you should have right to appeal. Just because a stupid caseworker have not done his work properly you should not be penalised (in terms of rejection and visa application fee). A public servant who is supposed to look at all the required evidence at hand cannot overlook some and made a decision on it.This applies to police,judges and also HO case workers.

Other members can add valuable inputs.

sureshkumar007 wrote:Dear all,

My tier 1 (switching from WP) refused due to HO error. I have submitted my savings account statement for maintenance proof but HO looked at my current account statements (which was submitted for income proof) and refused my application by saying I don't have enough funds. But HO didn't looked at my savings account stat at all. I don't have right to appeal because I still have valid visa to stay in UK.

Is there any solution to this without making any new application. This is totaly due to HO error. Really appreciate any help.

Many thanks

chetanojha wrote:Hi Suresh,

Logically you should have right to appeal.

The problem is - one is not given a right to appeal if his/her current leave is still valid. I guess the applicant needs to complain if he has time on his side.

That's the pain. First caseworker took wrong decision(given the info we have) and secondly applicant does not have right to appeal.

push_hsmp wrote:

chetanojha wrote:Hi Suresh,

Logically you should have right to appeal.

The problem is - one is not given a right to appeal if his/her current leave is still valid. I guess the applicant needs to complain if he has time on his side.

Ya but individual applicants dont have any other option but to live with it.

sureshkumar007 wrote:Dear all,

My tier 1 (switching from WP) refused due to HO error. I have submitted my savings account statement for maintenance proof but HO looked at my current account statements (which was submitted for income proof) and refused my application by saying I don't have enough funds. But HO didn't looked at my savings account stat at all. I don't have right to appeal because I still have valid visa to stay in UK.

Is there any solution to this without making any new application. This is totaly due to HO error. Really appreciate any help.

Many thanks

I'd recommend to get assistance of some immigration lawyer. Post some very strong worded letter to them highlighting the error on their part. I've seen instances in this forum where HO were forced to backtrack from their decision. I've read somewhere in this forum, where HO error ed in inputting payment details and the application was rejected, they appelaed against the decison and HO allowed them to reapply under the old rules.

First, post some letter by your own to HO telling them about their mistake, if nothing happens then seek the help of some professional advise.
I guess, you anyways have nothing to lose, so better go ahead and take your chances.