ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 1 Visa Rejected - Help Required

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
risingmoon19
Newbie
Posts: 41
Joined: Thu May 21, 2009 9:36 pm

Tier 1 Visa Rejected - Help Required

Post by risingmoon19 » Thu May 21, 2009 9:56 pm

Guys

I applied for Tier 1 (General) from within the UK. I was on PSW visa and my timelines were following:

Tier 1 General applied - 30th May 2009
Confirmation received - 4th May
Decision made: 19th May
Documents with refusal Letter received: 21 May

Now, the refusal reason I was given that I don't meet earnings requirements. I claimed for 20 points and my gross salary was 24,711 but they only gave me 15 points for 20,879 because as per the case worker that one of the wage slips looks like a photocopy and he is not willing to accept that wage slip.

Another reason given to me that I didn't show the last salary paid on my bank statement. Now, this is the tricky one as I got paid on 31st of every month and it appears on my statement accordingly but I have to submit my application by 30th of March because of new regulation as I don't have a masters degree so I only posted my March pay slip and bank statement up to 30th March but that statement didn't have salary shown on it as it should have been paid on 31st. Case worker didn't consider my payslip on its own and refuse to accept.

Now I would like to ask what are my options given that I have not been provided with right of appeal because I have still got few months left on my current PSW. I think I can't apply new application because I won't get a single point for my bachelors degree.

I can get my employer to verify that payslip is original and can also show that March salary was paid on 31st of that month but do I have to prove that in court? Will Judge consider new/revised evidence or is there a way to settle it outside court room.

Any help would be greatly appreciated.

Thanks

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Tier 1 Visa Rejected - Help Required

Post by push » Thu May 21, 2009 10:15 pm

risingmoon19 wrote:Guys

I applied for Tier 1 (General) from within the UK. I was on PSW visa and my timelines were following:

Tier 1 General applied - 30th May 2009
Confirmation received - 4th May
Decision made: 19th May
Documents with refusal Letter received: 21 May

Now, the refusal reason I was given that I don't meet earnings requirements. I claimed for 20 points and my gross salary was 24,711 but they only gave me 15 points for 20,879 because as per the case worker that one of the wage slips looks like a photocopy and he is not willing to accept that wage slip.

Another reason given to me that I didn't show the last salary paid on my bank statement. Now, this is the tricky one as I got paid on 31st of every month and it appears on my statement accordingly but I have to submit my application by 30th of March because of new regulation as I don't have a masters degree so I only posted my March pay slip and bank statement up to 30th March but that statement didn't have salary shown on it as it should have been paid on 31st. Case worker didn't consider my payslip on its own and refuse to accept.

Now I would like to ask what are my options given that I have not been provided with right of appeal because I have still got few months left on my current PSW. I think I can't apply new application because I won't get a single point for my bachelors degree.

I can get my employer to verify that payslip is original and can also show that March salary was paid on 31st of that month but do I have to prove that in court? Will Judge consider new/revised evidence or is there a way to settle it outside court room.

Any help would be greatly appreciated.

Thanks
Weak case based on evidence provided. Consult an immigration Lawyer, I would say.
Last edited by push on Thu May 21, 2009 10:15 pm, edited 1 time in total.
regards,
push
Important: Please read this Disclaimer

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Thu May 21, 2009 10:15 pm

Nothing to worry,when ur psw visa expiring?if you have time get all verification letter done and send them again,if not than go for apeal,hope so u can get it done in appeal.

risingmoon19
Newbie
Posts: 41
Joined: Thu May 21, 2009 9:36 pm

Re: Tier 1 Visa Rejected - Help Required

Post by risingmoon19 » Thu May 21, 2009 10:22 pm

push_hsmp wrote:
Weak case based on evidence provided. Consult an immigration Lawyer, I would say.[/quote]

Hey u meant to say that that I have got a weak case or have they got weak case against me???

risingmoon19
Newbie
Posts: 41
Joined: Thu May 21, 2009 9:36 pm

Post by risingmoon19 » Thu May 21, 2009 10:27 pm

ssoct98@hotmail.com wrote:Nothing to worry,when ur psw visa expiring?if you have time get all verification letter done and send them again,if not than go for apeal,hope so u can get it done in appeal.
Sscot

I have got till DEC 09 on my psw. How can I send them again?? I mean they didn't give me any right of appeal and if I apply new application then I won't get any point for my B.SC so u reckon only way is to get lawyer and go to court?

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Thu May 21, 2009 10:27 pm

just JR.judicial review is the option.
Last edited by ssoct98@hotmail.com on Thu May 21, 2009 11:10 pm, edited 1 time in total.

risingmoon19
Newbie
Posts: 41
Joined: Thu May 21, 2009 9:36 pm

Post by risingmoon19 » Thu May 21, 2009 10:36 pm

ssoct98@hotmail.com wrote:To me it looks simple,if you have visa apply again along with employer letter or duplicate wageslip,but verification letter from employer required,if you havnt got visa than go in appeal,i m sure you get visa on tier1.
Understood!

But my point is If I apply again then law has been changed for all applications applied after 30th March and they are no longer considering Bachelors and awarding 30 points any more. so, in my viewpoint, if I apply again then I won't get any point for this. Like I said, I still have few months left on my psw and I have not been granted right of appeal.

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Thu May 21, 2009 10:53 pm

OK go for JR.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Thu May 21, 2009 10:58 pm

ssoct98@hotmail.com wrote:Nothing to worry,when ur psw visa expiring?if you have time get all verification letter done and send them again,if not than go for apeal,hope so u can get it done in appeal.
What do you mean by send them again? Again as what? (1) a new application (which he cant due as he wont score any points for Education) (2) additional document - he cant as he does not have any right to appeal.

Please shed more light on what you are saying as you seem to thik it is a very sinple case.

risingmoon19: Your case looks weak in respect of normal processing. You should consult a solicitor
regards,
push
Important: Please read this Disclaimer

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Thu May 21, 2009 11:09 pm

push hsmp,when i write above quote that time he havnt mentioned all,so i suggest on his ist quote,may be we write at same time,otherwise i cant say go for again,see above guru i tell him for JR.

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Tier 1 Visa Rejected - Help Required

Post by yasa » Thu May 21, 2009 11:28 pm

risingmoon19 wrote:Guys

I applied for Tier 1 (General) from within the UK. I was on PSW visa and my timelines were following:

Tier 1 General applied - 30th May 2009
Confirmation received - 4th May
Decision made: 19th May
Documents with refusal Letter received: 21 May

Now, the refusal reason I was given that I don't meet earnings requirements. I claimed for 20 points and my gross salary was 24,711 but they only gave me 15 points for 20,879 because as per the case worker that one of the wage slips looks like a photocopy and he is not willing to accept that wage slip.

Another reason given to me that I didn't show the last salary paid on my bank statement. Now, this is the tricky one as I got paid on 31st of every month and it appears on my statement accordingly but I have to submit my application by 30th of March because of new regulation as I don't have a masters degree so I only posted my March pay slip and bank statement up to 30th March but that statement didn't have salary shown on it as it should have been paid on 31st. Case worker didn't consider my payslip on its own and refuse to accept.

Now I would like to ask what are my options given that I have not been provided with right of appeal because I have still got few months left on my current PSW. I think I can't apply new application because I won't get a single point for my bachelors degree.

I can get my employer to verify that payslip is original and can also show that March salary was paid on 31st of that month but do I have to prove that in court? Will Judge consider new/revised evidence or is there a way to settle it outside court room.

Any help would be greatly appreciated.

Thanks
Only immigration lawyer can help u out... cuz your only option is appeal...
=======================
Every cloud has silver lining
=======================

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Thu May 21, 2009 11:30 pm

ssoct98@hotmail.com wrote:push hsmp,when i write above quote that time he havnt mentioned all,so i suggest on his ist quote,may be we write at same time,otherwise i cant say go for again,see above guru i tell him for JR.
oh ok. I thought you had some solution and may be we were writing at the same time. Cool
regards,
push
Important: Please read this Disclaimer

Locked