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Tier 1 Extension Refused and leave to remain curtailed

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mukuo79
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Joined: Thu Jan 03, 2013 1:27 pm

Tier 1 Extension Refused and leave to remain curtailed

Post by mukuo79 » Thu Jan 03, 2013 1:34 pm

Hi,

I made my Tier 1 extension applicaton in August 2012 but unfortunately it got refused and my remaining leave to remain (initial visa was valid until 5th Feb 2013) was also curtailed so that it expires on 28th Dec 2012.

They have retained my passport and other docs submitted.

I have got full appeal rights against the decision and also the decision letter says that:

if you appeal, you do not have to leave UK while the appeal is in progress, your previous leave and terms and conditions attached to it will be extended by virtue of section 3D of the Immigration Act until such a time as the appeal is resolved.

I dont have any doubt that my appeal will be refused straight away as they have solid proof of this deception which I truly accept.

My only concern is to work until the end of Jan 2013 and leave the UK forever.

Please could anybody advise whether I am allowed to work when my appeal is in progress?

I believe I can work as per section 3D while my appeal is in progress and cannot be treated as overstayer even though my leave to remain has been curtailed so that expired on 28th Dec 2012.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Please could anybody confirm this as I desparately want to work for the next 3-4 weeks as my financial situation is very bad.

Does anybody know how long they will take to refuse any appeal?

Kindly help. Thank you

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu Jan 03, 2013 1:56 pm

If you make a valid in-time appeal, the terms and conditions of your leave (before curtailment) will continue. Which really only matters if your employer is ahead of the game and knows your present predicament, and wants proof of your entitlement. Otherwise, for the sake of a couple of week, so what?

brajen
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Posts: 36
Joined: Tue Jan 31, 2012 4:50 pm

Re: Tier 1 Extension Refused and leave to remain curtailed

Post by brajen » Thu Jan 03, 2013 2:24 pm

mukuo79 wrote:Hi,

I made my Tier 1 extension applicaton in August 2012 but unfortunately it got refused and my remaining leave to remain (initial visa was valid until 5th Feb 2013) was also curtailed so that it expires on 28th Dec 2012.

They have retained my passport and other docs submitted.

I have got full appeal rights against the decision and also the decision letter says that:

if you appeal, you do not have to leave UK while the appeal is in progress, your previous leave and terms and conditions attached to it will be extended by virtue of section 3D of the Immigration Act until such a time as the appeal is resolved.

I dont have any doubt that my appeal will be refused straight away as they have solid proof of this deception which I truly accept.

My only concern is to work until the end of Jan 2013 and leave the UK forever.

Please could anybody advise whether I am allowed to work when my appeal is in progress?

I believe I can work as per section 3D while my appeal is in progress and cannot be treated as overstayer even though my leave to remain has been curtailed so that expired on 28th Dec 2012.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Please could anybody confirm this as I desparately want to work for the next 3-4 weeks as my financial situation is very bad.

Does anybody know how long they will take to refuse any appeal?

Kindly help. Thank you

Hi Mukuo,

Can you please state the reason why your application refused?

Lucapooka
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Posts: 7616
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Location: Brasil

Re: Tier 1 Extension Refused and leave to remain curtailed

Post by Lucapooka » Thu Jan 03, 2013 2:27 pm

mukuo79 wrote: deception which I truly accept.

mukuo79
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Joined: Thu Jan 03, 2013 1:27 pm

Post by mukuo79 » Thu Jan 03, 2013 2:38 pm

Thank you very much Luca for the swift reply.

My only aim now is to earn a months salary. So I will post my appeal tomorrow as I have 5 more working days to respond to the Refusal letter.

I exercised deception (submitted 2 false payslips) to satisfy the income criteria mainly because of my pathetic financial condition back home and somehow wanted to get the extension and repay my debts.

Now I left with only one option - Forget UK dreams for another 10 years and go home after 1 month.

I hope UKBA will not contact my employer until my appeal is refused.

Thank you.

lesbere
- thin ice -
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Joined: Thu Jan 07, 2010 10:57 am

Post by lesbere » Thu Jan 03, 2013 3:45 pm

I really doubt that your appeal will go far. If I may ask, submitting false payslips is dengerous. They have ways of knowing its false. They either call your employer or verify with the bank. I assume you submitted a false bank statement. How did you ever think you can get away with this. Duh!!!

mulderpf
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Location: London

Post by mulderpf » Thu Jan 03, 2013 4:25 pm

I am sorry to hear about your situation mukuo79.

I have to ask though, do you not think that you are potentially digging a deeper hole for yourself by stretching it all out longer? Living in fear that UKBA will contact your employer during your appeal, all for some extra money? Is one month's extra salary really worth it?

How would they have verified the false payslips? Maybe they have spoken to your employer already?

I really do sympathise with your situation, but I cannot help to think that what you are doing is simply wasting the UKBA's time that could be spent on reviewing other applications. People are up in arms because the application process is taking longer and longer, and by submitting an appeal that you know will fail, not only makes the case stronger for the UKBA to start charging for appeals, but you are also disadvantaging legitimate candidates by wasting time with an appeal that will fail.

At the end of the day, you have to look at the bigger picture and decide whether chasing one extra month's salary (which doesn't sound like much if you had to submit false payslips) is really worth it. Is the extra stress and anguish really worth it (it's a rhetorical question - obviously I don't know the details of your situation)?

mukuo79
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Post by mukuo79 » Thu Jan 03, 2013 4:52 pm

Thank you ver much for the response.

Yes, I completely agree that it was a big fault from my side.

I had submitted genuine bank statements but couple of payslips were
not genuine.

This deception happened 2 years ago in Feb 2011 when I switched to Tier
1 visa (2+3) and it was also my first and last chance before they
remove Tier 1 General in April 2011. I was granted Tier 1 visa at that
time for a period of 2 years.

I applied through a Registered Solicitor who provided me with couple of
payslips for proving some extra income (just as a second job) and also
credited the amount into my bank account. I had another genuine job but
I was not able to meet the income threshold. My personal circumstances
forced me to make that decision even though I was aware of the
consequences.

Unfortunately UKBA convicted that Solicitor in June 2012 for making
false representations thru his Ltd company which was basically set up
for helping his clients illegally. As he is convicted and jailed they
started verifying all the cases handled by that Solicitor in the last
few years.

I came to know about this only after applying for visa extension, else
I would not have applied for extension and could have gone to India
just before my visa expires (5 Feb 2013).

Now I have a permanent job and satisfies the income criteria, but due
to the previous deception, my Tier 1 extension application got refused
and the remaining leave has been curtailed.

As I am leaving the UK forever, one month salary would be a a bit of a relief as getting another job may take a while in my home country.

Really tensed to the core! Would my situation get any worser (than this) once the appeal is refused (which is 100% sure)

Or can I leave the UK without much hassles after the 1 month as my appeal will be treated as withdrwan when I leave the country.
Last edited by mukuo79 on Mon Jan 07, 2013 3:46 pm, edited 2 times in total.

zabiela
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Posts: 69
Joined: Fri Jan 08, 2010 12:29 pm

Post by zabiela » Thu Jan 03, 2013 4:57 pm

mulderpf wrote:I am sorry to hear about your situation mukuo79.

I have to ask though, do you not think that you are potentially digging a deeper hole for yourself by stretching it all out longer? Living in fear that UKBA will contact your employer during your appeal, all for some extra money? Is one month's extra salary really worth it?

How would they have verified the false payslips? Maybe they have spoken to your employer already?

I really do sympathise with your situation, but I cannot help to think that what you are doing is simply wasting the UKBA's time that could be spent on reviewing other applications. People are up in arms because the application process is taking longer and longer, and by submitting an appeal that you know will fail, not only makes the case stronger for the UKBA to start charging for appeals, but you are also disadvantaging legitimate candidates by wasting time with an appeal that will fail.

At the end of the day, you have to look at the bigger picture and decide whether chasing one extra month's salary (which doesn't sound like much if you had to submit false payslips) is really worth it. Is the extra stress and anguish really worth it (it's a rhetorical question - obviously I don't know the details of your situation)?
A compelling argument & very well written

manojk005
Member
Posts: 247
Joined: Thu Jul 01, 2010 10:17 am

Post by manojk005 » Thu Jan 03, 2013 7:38 pm

Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted. Atleast, it will give advance warning to those who had use same his/her services in past and planning to apply for extension and they can decide tot take this risk.

PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 4:47 pm
Location: London

Post by PaperPusher » Thu Jan 03, 2013 8:03 pm

manojk005 wrote:Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted. Atleast, it will give advance warning to those who had use same his/her services in past and planning to apply for extension and they can decide tot take this risk.
I don't think it would be good if the point is to alert people who have broken the law to take precautionary measures, some of which may not be legal.

It seems UKBA are not doing blanket refusals but are only acting on information that shows deception was used. Therefore, innocent parties should have nothing to fear.

mulderpf
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Posts: 1669
Joined: Sat Oct 16, 2010 7:10 am
Location: London

Post by mulderpf » Thu Jan 03, 2013 8:04 pm

manojk005 wrote:Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted. Atleast, it will give advance warning to those who had use same his/her services in past and planning to apply for extension and they can decide tot take this risk.
I am sure that you would know if your solicitor submitted false documents.

manojk005
Member
Posts: 247
Joined: Thu Jul 01, 2010 10:17 am

Post by manojk005 » Thu Jan 03, 2013 8:51 pm

mulderpf wrote:
manojk005 wrote:Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted. Atleast, it will give advance warning to those who had use same his/her services in past and planning to apply for extension and they can decide tot take this risk.
I am sure that you would know if your solicitor submitted false documents.
Well I am not interested in getting in any argument with you and do not really care what you think/say. At the same time, I am also not keen to make any comment on you.

Tom15
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Posts: 9
Joined: Tue Sep 04, 2012 8:58 pm

Maybe ask for this suggestions from experts

Post by Tom15 » Sun Feb 10, 2013 6:54 am

May be my friend if there is a possibility

I dont know and dont have any idea at all whether you can apply for other countries for working? like australia or canada, etc
with your case of deception.


please take experts advice..

and also please experts do advice him what ever he can do at this time.

All the best.

rdamsel
Junior Member
Posts: 73
Joined: Fri Feb 01, 2013 9:24 am

Post by rdamsel » Sun Feb 10, 2013 12:47 pm

How did lawyer is been convicted ?? I mean someone reported him or he must be providing false pay slips and letters to other people too for other type of applications .

Have they curtailed your leave before your applied for extension or after? I heard that they normally do curtailment even tough you dont apply for extension and notify you.

John
Moderator
Posts: 12319
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat Feb 16, 2013 10:17 am

Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted
Not unless it is possible to verify the conviction of the person concerned. Moderators keep an eye open for possible libel, so if a person is named, unless a Google (or similar) search produces links to news reports of the conviction, the name will be removed promptly!

mukuo79, did you not realise the production of the payslips was a criminal act? A criminal act you went along with. I think you will have great difficulties getting back into the UK.
John

Alish60
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Location: W Midlands

Post by Alish60 » Sun Feb 17, 2013 4:13 am

John wrote:
Sorry to hear your case. However, it would be good to name the solicitor who did this and convicted
Not unless it is possible to verify the conviction of the person concerned. Moderators keep an eye open for possible libel, so if a person is named, unless a Google (or similar) search produces links to news reports of the conviction, the name will be removed promptly!

mukuo79, did you not realise the production of the payslips was a criminal act? A criminal act you went along with. I think you will have great difficulties getting back into the UK.
very useful, thanks

n8net
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Post by n8net » Sun Feb 17, 2013 11:04 am

Hi guys,I wud like to know if I am allowed to work while the appeal is on going ?

Confused and worried
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Posts: 23
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Location: UK

Post by Confused and worried » Sun Feb 17, 2013 8:58 pm

n8net wrote:Hi guys,I wud like to know if I am allowed to work while the appeal is on going ?
yea as per sec 3C of the immigration act 1971, your visa status will remain the same as it was before until ur appeal rights have been exhausted ie if you were entitled to work as per your visa , you may continue to do so.

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