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tier 1 application refused, help plz

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ali_hsn
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tier 1 application refused, help plz

Post by ali_hsn » Wed Oct 21, 2009 9:35 am

Hi,

I recently applied for tier 1 and today recieved the rejection from the homeoffice giving the following reason:

- 0 points under earnings -> throughout this period you were in the UK as Work Permit holder and was not therefore permited to undertake self employment which generated the earnings claimed.

I was under the impression I was permitted part-time work as long as it did not conflict with the work for my employer.

I am also not given any right to appeal because I still have leave to remain.

It also states careful consideration has been given to the following:
On xx-xx-xx you were granted leave to enter UK as a work permit until xx-xx-xx"


I am confused as my workpermit is about to run out, and there is no word from the sponsorhip guys for my employers licence at the home office (to renew my workpermit under transitional arrangements). The only reason I showed self-employment was becase some of my salary paycheques did not match my bank statements. Any suggestions?
all is well that ends well

innocentdevil
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Post by innocentdevil » Wed Oct 21, 2009 9:44 am

i was under impression you cannot work anywhere if you are on a work permit not even part time.

one of my friend's is on work permit and he works at asda over the weekends and in the evenings and it doesn't affect his normal job but again i don't know if he is breaking the law.

myegin11
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Post by myegin11 » Wed Oct 21, 2009 9:57 am

What about leaving your self-employed job and making a fresh application claiming only the earnings from your permitted job assuming the amount you can claim with corroborating evidence yields enough points?

ali_hsn
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Post by ali_hsn » Wed Oct 21, 2009 10:01 am

thanks for getting back to me. Where do I go from here then? shall I apply again without showing the self employment since I have no right to appeal. I do yield enough points...
Will it affect my new application given the fact that they know I worked part-time ???
all is well that ends well

meats
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Post by meats » Wed Oct 21, 2009 10:03 am

ali_hsn wrote:thanks for getting back to me. Where do I go from here then? shall I apply again without showing the self employment since I have no right to appeal. I do yield enough points...
Will it affect my new application given the fact that they know I worked part-time ???
It might affect any future application yes.

innocentdevil
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Post by innocentdevil » Wed Oct 21, 2009 10:06 am

meats wrote:
ali_hsn wrote:thanks for getting back to me. Where do I go from here then? shall I apply again without showing the self employment since I have no right to appeal. I do yield enough points...
Will it affect my new application given the fact that they know I worked part-time ???
It might affect any future application yes.
if you get enough points from your main job (under work permit) then you shouldn't have bothered showing the points from the other job.
anyway, you can re-apply with points from your main job and see how it goes

ali_hsn
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Post by ali_hsn » Wed Oct 21, 2009 10:10 am

yea, I know that. The reason for showing self employment was that some of my paycheque numbers did not match my bank statements. Now that I have another month at hand (where I got some bonus) I can use my workpermit job only.

But unfortunately whats done is done, any ideas if it will affect my fresh application if I do not mention it at all.
all is well that ends well

meats
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Post by meats » Wed Oct 21, 2009 10:19 am

ali_hsn wrote:yea, I know that. The reason for showing self employment was that some of my paycheque numbers did not match my bank statements. Now that I have another month at hand (where I got some bonus) I can use my workpermit job only.

But unfortunately whats done is done, any ideas if it will affect my fresh application if I do not mention it at all.
I'm pretty sure there is a section there about any rejections where you have to mention it. If you don't mention it then they might think that you are trying to deceive them and you might be in more trouble.

ali_hsn
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Post by ali_hsn » Wed Oct 21, 2009 10:24 am

seems like I have run out of luck then... any suggestions ?
all is well that ends well

tvn_ramesh
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Post by tvn_ramesh » Wed Oct 21, 2009 10:28 am

If you want to work and live in UK, you have to apply again either it is fresh in UK or from your home country and when applying from both the places you need to give details of any rejections.. so you can not escape it..

Now since you are fortunate to still have some time to stay in UK or before ur current wp expires..

i would suggest..
1. that go for a fresh application:
2. put all facts forward
3. put your application as staright forward as you can
4. use only ur WP earnings..
5. and stay put.. and pray..

please feel free to ask any questions or help required while preparing ur case.. here..

ali_hsn
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Post by ali_hsn » Wed Oct 21, 2009 10:48 am

according to the letter I recieved from the homeoffice it states :

Please ensure that you understand the conditions of your stay.

And further more it states that I have the option of making a fresh application which must include full supporting evidence (including all required evidence supplied to us with any previous application).

Furthermore here is the link to the application form:
http://bia.homeoffice.gov.uk/siteconten ... l-form.pdf

There is no mention of previous rejections that I can see, only a reference number box with the option of if known - which still will indicate that I have been rejected before. Since I have run out of options, I will take up your advice and make a fresh application and see how this one goes.
all is well that ends well

SKUK
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Post by SKUK » Wed Oct 21, 2009 3:24 pm

innocentdevil wrote:i was under impression you cannot work anywhere if you are on a work permit not even part time.

one of my friend's is on work permit and he works at asda over the weekends and in the evenings and it doesn't affect his normal job but again i don't know if he is breaking the law.
You can do extra work on tier 2 (WP) as long as it is within 20 hours a week. The job must also be in the same profession and the job title at the same level as that was granted for your tier 2. If your friend is keeping to these criteria then he is fine else he is in breach of immigration laws.

tvn_ramesh
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Post by tvn_ramesh » Wed Oct 21, 2009 3:59 pm

skuk wrote:You can do extra work on tier 2 (WP) as long as it is within 20 hours a week. The job must also be in the same profession and the job title at the same level as that was granted for your tier 2. If your friend is keeping to these criteria then he is fine else he is in breach of immigration laws.
This is what SKUK is referring about..

http://www.ukba.homeoffice.gov.uk/worki ... s/#header3

ali_hsn
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Post by ali_hsn » Wed Oct 21, 2009 5:02 pm

Thanks for the reference, this is exactly what it says on my workpermit. I thought I was not in breach of any condition. Then again, it might just be the case worker who was just not interested.
Have not given up hope though, applying again next week with my salary as my only source of earnings. My visa is running out next month, and I do not have many options left.
By the way my extra work was weekend only, that too from home.
all is well that ends well

tcpip_helper
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Post by tcpip_helper » Wed Oct 21, 2009 6:44 pm

i'll suggest make a fresh applicaiton, mention ur refusal briefly in your cover letter and go for same day service where you can explain thing clearly to the case worker.

i'll also not discard the option to use a good solicitor if you have money but again i stress a good solicitor. you have a good chance in my opinion provided u prepare ur case well and as everyone suggested keep it simple.

ali_hsn
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Post by ali_hsn » Thu Oct 22, 2009 2:42 pm

thanks for the tip tcpip_helper. I do not mind going through the solicitor, but I have weeks left before my workpermit runs out. I have filled in the application again, but have not mentioned anything about the refusal in my coverletter.
Shall I state something like since then the circumstances have changed sort of thing, I am open to suggestions.
all is well that ends well

ali_hsn
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Post by ali_hsn » Fri Oct 23, 2009 12:57 pm

just a little update guys, I have been going through the refusal letter again and again. It does say that they accept the earnings generated through my company which have been corroborated and total £xxxxx.xx. As it is less than £20,000 therefore, it does not qualify to be awarded points.

This makes one thing clear that they are ready to accept my salary under workpermit as long as it is over 20K. In the wake of events I now do qualify with over 20k. The problem is my previous refusal, do I need to mention it or just completely leave it out of the picture.
I have booked an appointment with a good solictor, we shall see what turn does my case take from there. I am still not sure though whether to go with a solicitor, but as it has been said on the forums time and again "better safe than sorry".
all is well that ends well

dima
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Post by dima » Fri Oct 23, 2009 5:24 pm

ali_hsn wrote:just a little update guys, I have been going through the refusal letter again and again. It does say that they accept the earnings generated through my company which have been corroborated and total £xxxxx.xx. As it is less than £20,000 therefore, it does not qualify to be awarded points.

This makes one thing clear that they are ready to accept my salary under workpermit as long as it is over 20K. In the wake of events I now do qualify with over 20k. The problem is my previous refusal, do I need to mention it or just completely leave it out of the picture.
I have booked an appointment with a good solictor, we shall see what turn does my case take from there. I am still not sure though whether to go with a solicitor, but as it has been said on the forums time and again "better safe than sorry".
As per the letter, you are not eligible for T1(G)in the first application itself as your sal is less than 20,000 per year . I am wondering, How can you now be eligible??.. how can just one month extra make all the difference of 20K? :D

push
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Post by push » Fri Oct 23, 2009 6:08 pm

dima wrote:
ali_hsn wrote:just a little update guys, I have been going through the refusal letter again and again. It does say that they accept the earnings generated through my company which have been corroborated and total £xxxxx.xx. As it is less than £20,000 therefore, it does not qualify to be awarded points.

This makes one thing clear that they are ready to accept my salary under workpermit as long as it is over 20K. In the wake of events I now do qualify with over 20k. The problem is my previous refusal, do I need to mention it or just completely leave it out of the picture.
I have booked an appointment with a good solictor, we shall see what turn does my case take from there. I am still not sure though whether to go with a solicitor, but as it has been said on the forums time and again "better safe than sorry".
As per the letter, you are not eligible for T1(G)in the first application itself as your sal is less than 20,000 per year . I am wondering, How can you now be eligible??.. how can just one month extra make all the difference of 20K? :D
He has mentioned above that he has got/hoping to get some bonus now
regards,
push
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crowbar6
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Post by crowbar6 » Fri Oct 23, 2009 11:26 pm

innocentdevil wrote:i was under impression you cannot work anywhere if you are on a work permit not even part time.

one of my friend's is on work permit and he works at asda over the weekends and in the evenings and it doesn't affect his normal job but again i don't know if he is breaking the law.
Yes, he is - big time.
Regards,
crowbar6

ali_hsn
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Post by ali_hsn » Sun Oct 25, 2009 9:57 am

I don’t mean to be funny guys, but if you have followed my case from the start (previous posts) you must know that I had issues with corroborating bank statements with my salary.

http://www.immigrationboards.com/viewtopic.php?p=287575

Last year September I was mostly paid in cash which cannot be linked to the bank statement. This year adding September to my salary has made a massive difference. By the way, I was approx 1100 short of 20K in my previous case.
As per my bonus is concerned, I get it on quarterly basis - as per my employment contract. If I can add those missing weeks my yearly salary is a little over 26K (I have 12 weeks missing from last year). So, adding my this fall’s bonus I am in comfort zone as we may call it.

Going to see a solicitor on tuesday, wish me luck!
all is well that ends well

ali_hsn
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Post by ali_hsn » Thu Nov 05, 2009 5:13 pm

ok guys!

just an update, I have applied again yesterday. This being my last shot, I have tried my best not to mess it up. Payment deducted today, just waiting for the letter.
I also went to see a solicitot prior to applying and was informed that this time it should be a clear case. Hoping for the best and fingers crossed.
all is well that ends well

innocentdevil
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Post by innocentdevil » Thu Nov 05, 2009 5:18 pm

ali_hsn wrote:ok guys!

just an update, I have applied again yesterday. This being my last shot, I have tried my best not to mess it up. Payment deducted today, just waiting for the letter.
I also went to see a solicitot prior to applying and was informed that this time it should be a clear case. Hoping for the best and fingers crossed.
good luck mate, hope everything works out best for you. keep us posted.

tvn_ramesh
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Post by tvn_ramesh » Thu Nov 05, 2009 5:33 pm

Wish you all the best.. mate

gordon
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Post by gordon » Thu Nov 05, 2009 8:21 pm

Was your solicitor able to explain what you were meant to do about questions D18 and D19 on p22, when submitting the new application (without the self-employment earnings) ?
D18. Has the applicant ever worked in the United Kingdom without immigration permission to do so (that is, contrary to his/her conditions of stay)?

D19. Give the reason(s) why the applicant worked in the United Kingdom without immigration permission to do so and the dates this work was undertaken:
I ask because self-employment clearly violates the condition of not starting or running a business; in your case, the UKBA now know that you did this, so I would be interested to know how you handled this. Did you answer yes and explain, or did you answer no ?

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