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Urgent Help for a friend

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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awt
Newly Registered
Posts: 7
Joined: Fri Mar 26, 2010 8:41 pm

Urgent Help for a friend

Post by awt » Sat Feb 14, 2015 1:31 pm

Dear all.

I have been following this forum and have found it very useful so I am posting a question to all experienced forum members on behlf of a friend of mine...

I am pasting my friends scenario below which he has written from beg to end ..

PLease after reading this if you guyz can tell me what options he has got now
Can he again apply for a TIer2 Sponsor visa if he is able to get from a company ?

I am not in a position to give him any advice so i am asking you all to comment ... Sorry if you guyz have to read this all

Thanks In advance :)




My friends scenario:
I came to UK 24th December 2009 in tier-4 general student visa in BA hons applied accounting course. My visa was valid till 31st October 2013. In the mean time I have had my level 7 PGD done in Business Management. In February 2013 my work colleague introduced me with this solicitor and I explained to him the whole journey and asked for legal advice about my immigration status. He told me you have a very clear case where you can apply for indefinite leave to remain (Saying that I want to be highly educated which I genuinely do) but he kept me in darkness about the procedure as according to him it is not a point based procedure he is going through so it will not make sense to me. But anyway I paid him his fees and asked him to start the process as according to him quicker I start better it is as the law can be changed anytime. But after I made the payment he changed colour and said as you still have visa till October 2013 we should ideally make the application just before your visa expires. Because I needed some simple solution so I can study in less cost my priority was if I can become local my study fees will be reduced so I kept the engine going but it was very frustrating for me that he was ignoring me from time to time. I provided him with all my documents including my certificates passport and payslip, bank statements, my GP letters etc. FYI: I have been suffering for Hypertension from 2011 and then diagnosed with constant chest pain last year. Now at the end my solicitor changed the case and applied for ILR on the basis of my illness. Now I did not have a choice but to accept because he did not tell me that he is applying that way and told me that he is applying for settlement. After I have done my biometrics I have received a letter from UKBA asking me for more documents that supports my illness and explains how bad is my heath etc. because my application was for ILR on the basis of my illness. So when I found out that and contacted Him he was not concerned at all and I had to be firm with him and he was leaving everything on me. So I went to my GP and asked for the letter saying everything genuine as my illnesses are not to ignore but they took some time more than the time frame given by UKBA so with advice from my solicitor I send them a letter asking for extension of time to gather the information required and my solicitor told me that lets wait for UKBA response and He will in between try to make the case strong for me but he did not. In the meantime I have received my GP letter but was waiting for UKBA response as told by my solicitor. After discussing it with some elders who have got knowledge about this thing they suggested that I should not wait any more and send them the documents and I did so but by the time it reached them they already made the decision on the basis of the documents that they have and refused me. I have been given the right to appeal by 2nd April 2014.So I made an appeal. Appeal was dismissed and now have requested for a review to the Upper tribunal. And they refused our request and all the appeal was dismissed.

I recently applied for tier-2 on 24th Dec and that is been refused due to me not having a degree or Masters from UK and no right of appeal has been given. (date on the refusal letter 03feb2015)
So all of them were done well in time and according to the Home office I can switch to any categories.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Urgent Help for a friend

Post by Wanderer » Sat Feb 14, 2015 4:45 pm

Hypertension is no basis for ILR!!
An chéad stad eile Stáisiún Uí Chonghaile....

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Urgent Help for a friend

Post by physicskate » Sun Feb 15, 2015 10:36 am

Wanderer wrote:Hypertension is no basis for ILR!!
Yeah, I too see absolutely no basis for ILR - this was a time wasting application. You had been resident for a short amount of time as a student. You would have needed 10 years' residency to apply for ILR as a student. You had four. I think you will need to apply for entry clearance for the Tier 2, having passed the RLMT, having a job that meets the skill and salary requirement AND with a Restricted Certificate of Sponsorship. You will need maintenance and English language proof.

This is all assuming that you aren't accused of deception in previous applications at any point.

So wait - you have been in the UK for 6 years and haven't finished any studies??? What have you been doing all this time!??!

Ignorance of the law is not an acceptable excuse...

awt
Newly Registered
Posts: 7
Joined: Fri Mar 26, 2010 8:41 pm

Re: Urgent Help for a friend

Post by awt » Mon Feb 16, 2015 11:45 am

Thanks for your replies guyz.. I will forward these to my friend .

I am also aware that the reason was no acceptable for ILR or even if it was ELR (as i think HO has closed that route)

Anywayz the main question for him is that if he makes another application to HO will it be regarded acceptable or they will reject his each and every application from now on?

Lets say if he is able to get a tier 2 sponsor CAS (or whatever that is called) from a govt funded company and apply for the visa , then what?

Thanks for the replies again

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