Tier 1 rejected based on my overseas earnings and education

[DesperateIndian]

Hi All,

I got a letter from UKBA today stating that they've refused my Tier 1 application because the verification on my overseas earnings and my degree certificate are both "inconclusive".

They have given me the right to appeal within ten days. But my problem is, I have to travel to India in november and I was infact thinking of withdrawing my application since it was pending since march inspite of it being an in-person PEO application. I cannot postpone or cancel my travel to India.

My first question is, if I appeal, typically, how may days will it take for me to get a result on that? I know every case is different, but would appreciate if anybody could make a rough guess. They've said they will retain my passport until I advise them whether I will appeal/withdraw.

I have to travel to India in november at any cost. So, if i decide to withdraw my application, will they return the passport rightaway?

Finally, their letter states, if I decide to withdraw or if my appeal fails, I have to leave the country immediately otherwise I should explain to them why I should be allowed to stay in the country further. I presently have a Tier 2 ICT visa and am eligible to stay here until 2013. So, I believe I can still stay here or enter the country till my Tier 2 ICT is valid. Is this correct? They've sent me a really long letter and I am finding it a bit difficult to understand what they're trying to convey here.

Would really appreciate help cos I am running out of time and I need my passport urgently.

Thanks,
Tabraiz

[geriatrix]

1. Appeal can take months.
2. What is strange is UKBA stating that they will return / retain your passport depending on your next step (i.e. - whether you appeal or not). Also, since the application has been refused, there is nothing to withdraw! In usual circumstances, passport is returned when an application is refused ... unless UKBA suspects use of deception or some other wrongdoing. The fact that you have valid Tier 2 leave remaining and yet your passport has not been returned leads me to believe that UKBA suspects use of deception (or something similar).
3. If I get the gist of it all, I believe the only option available to you to remain in UK may be to appeal the decision and prove UKBA wrong. If you inform them that you are not appealing the refusal, expect your passport to be retained and more communications in the matter from UKBA.
4. As for travelling to India in November, it all depends on what happens to your passport and what happens to your currently valid Tier 2 (ICT) leave.

[DesperateIndian]

Hi,

Thanks for the reply. But, I have to travel to India at any cost in november and I guess I am left with no other option. They have given me a local immigration number I can call; I will call them tomorrow and hopefully get my passport in time.

Does this mean they can play with my Tier 2 ICT status as well?

Thanks,
Tabraiz

[geriatrix]

Depending on what they suspect you of doing, they may curtail / cancel your Tier 2 leave (e.g. - 323).

Seek professional legal advice from a competent solicitor.

[DesperateIndian]

Thank you very much for the reply.