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Tier 1 extension refusal - what's next

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itallwentwrong
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Tier 1 extension refusal - what's next

Post by itallwentwrong » Sun Feb 25, 2018 9:07 pm

hi - this is a sad situation.

I married and got him tier 1 - I thought he'd developed some mental health issues - trying to believe that it was that and not abuse. but here we are years later and 1 caution, 3 assault (battery) charges for domestic violence against me. Let's not argue the reality that I wish I found an escape hatch years ago.

I want to understand what the possibilities are because I need to make decisions. I've been on this forum for years but I have created a new account to further disguise my identity for my own safety.

When he submitted his first Tier 1 extension he did NOT disclose his conviction. There were issues with computers that day at premium processing and he was approved.

When he submitted his 2nd Tier 1 extension he did NOT disclose his conviction and the case worker asked why he did not disclose it and gave him an opportunity to change his application. She told him that would be a 100% refusal for ILR. They said they could not give same day response and months later he assaulted me and was found guilty of 2 counts of assault (battery - by beating). I notified the Home Office that I wished to withdraw my support of his application. And I notified via a form that our relationship was no longer subsisting. The home office contacted me for more info asking about financial contributions to caring of our child and some other details. I gave them all the info I could - no support.

The day of the hearing the police passed along a letter from the premium processing center. Of course we are not sure what it was but suspect it was a refusal letter - there was not passport included and it was sent signature required.

If he was refused it seems he will not have the right to apply for another visa including the parent of a british child. He doesn't meet the criteria. Would he be allowed an appeal of any sorts? how long could he stay? I'm asking for many reasons including that I have a restraining order. It's such a crazy situation that police, vicitm's support, a domestic violence agency and child services have all repeatedly told me to call 999 if he breaks any conditions of his restraining order. So I obviously want to be informed to make the best decisions. Feel free to send PMs - this is obviously a tricky situation to discuss in a public forum.

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CR001
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Re: Tier 1 extension refusal - what's next

Post by CR001 » Mon Feb 26, 2018 9:07 am

Sorry for your difficulties and terrible situation you find yourself in.
I want to understand what the possibilities are because I need to make decisions. I've been on this forum for years but I have created a new account to further disguise my identity for my own safety.
The correct route would have been to send a moderator a PM under your old username to ask for special permission to register a new one.

See multiple usernames (click)
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
Feel free to send PMs - this is obviously a tricky situation to discuss in a public forum.
As a newly registered member, you do not have access to the privilege of PM function.

It is unclear what your question actually is. HO does not necessarily need to keep you informed of his status if you are no longer supporting his visa applications. If he has been refused, he could be removed from the UK. How long that takes, no one can tell you.

There are no appeal rights for PBS dependents.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

itallwentwrong
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Posts: 3
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United States of America

Re: Tier 1 extension refusal - what's next

Post by itallwentwrong » Mon Feb 26, 2018 9:29 pm

Thank you for the info. I wasn't aware of the rule and only posted with a new name for the sake of protecting myself. I was hoping i could just change it. I have sent a message to CR001 with my original and new profile from my original username.

That said, sorry my question wasn't clear. I wanted to know if removal was likely, how long it would take, and if there are appeal rights. As you said there are not - does this include Article 8? This isn't about being a mean person this is about safety and security. And while there are tasks forces involved in this area I don't have 100% confidence that my child and I are safe. In addition I feel better with information.

Thank you

itallwentwrong
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Posts: 3
Joined: Sun Feb 25, 2018 8:40 pm
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Re: Tier 1 extension refusal - what's next

Post by itallwentwrong » Sat Mar 24, 2018 1:14 pm

Exrension was refused. An admin review was requested. I just got an envelope delivered with all my bank statements from the admin review office. I guess that means case closed.

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CR001
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Re: Tier 1 extension refusal - what's next

Post by CR001 » Sat Mar 24, 2018 1:27 pm

He could still attempt an FLR(FP) Parent route application but as you state, he has no evidence to back this up and would therefore fail.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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