Tier 2 refusal, JR pending, 10 yrs completed

[singh143]

Summary of my case as follows:

1. Living in UK Since September 2005, got two masters, MBA and M.Sc. Pharmacy degree

2.Applied for Tier 2 general Visa application in January 2014, before Tier 4 student visa expiry (switching from Tier 4 to Tier 2)

3. Tier 2 application refused by Home office on reason that I have not met salary requirement for my Job code. I was working 44 hrs per week as per my contract rather 37.5 hrs per week for £21,000 pa. I made this tier 2 application by own following University's Tier 2 outdated visa guidance.

4. Took advise from a local law firm, who advised that it is common technical error and happen quite commonly by employers, if I can get my contract updated and resubmit with clarification grounds to Home office, they will reconsider their decision and I might not even go to court.

5. I trusted them, and focused myself for preparation of my final assessment to qualify as a Pharmacist in the UK.

6. I lost appeal at FTT, nothing was argued in the court apart from authenticity of the new job contract.

I lost all appeal permissions subsequently, and received UTT refusal on 06-Oct.-2014 (dated 30/sept./2014). My lawyer filed JR for it, while I started looking for new tier 2 sponsor to complete my extended 6 month pharmacy training, as I failed in final assessment, due to stress and being sick.

7. Before I received JR refusal, I already sent a new Tier 2 application for Extended training with new sponsor.

8. I got refusal of this second Tier 2 application from the Home office on reason that it was 'Out of Time Application'. They said my visa rights were ceased on 30/sept./2014 when they sent UTT refusal, and I had 28 days to make a fresh application if I wanted to. But, because I sent my tier 2 application after 28 days of UTT refusal, I can not be granted visa, with no right to appeal.

9. My solicitor filed JR against it in April 2015 and I am waiting for outcome at the moment.

Meanwhile, I am qualified as a Pharmacist now and have two job offers in hand from two different employers. I will be completing 10 year long residency route too by end of this month.

I was mistaken initially by outdated University Tier 2 visa guidance and when I turned to another professional body law firm to seek expert advise to minimise the damage and secure my career I was let down again by them. I was never advised by them to make a fresh application within 28 days of initial Tier 2 refusal and they not argued and presented my case well in the oral hearing too.

I have two year old baby at home who born here, and my wife.


Kind Regards

[Obie]

The advisers appeared to have messed up.

I suspect your continuous residence may have been broken due to the beyond 28 days application.

[singh143]

The advisers appeared to have messed up.

I suspect your continuous residence may have been broken due to the beyond 28 days application.

Yes it is technically,, but it was due the wrong advise from legal body...

[geriatrix]

The problem is UKV&I doesn't bother who made the mistake and why. From their perspective, the applicant has complete onus.

7. Before I received JR refusal, I already sent a new Tier 2 application for Extended training with new sponsor.

If this Tier 2 application wasn't submitted within 28 days of 30-09-2014, continuous residence is broken.

And, that you may been an overstayer since then!

[singh143]

what options I got in hand now, If any....

9 years of hardships worth nothing in front of one "technical Error"?

what should I do now..

[singh143]

The problem is UKV&I doesn't bother who made the mistake and why. From their perspective, the applicant has complete onus.

7. Before I received JR refusal, I already sent a new Tier 2 application for Extended training with new sponsor.

If this Tier 2 application wasn't submitted within 28 days of 30-09-2014, continuous residence is broken.

And, that you may been an overstayer since then!

Dear sushd

I had job offer from the sponsor within 28 days of UTT refusal, but he hasn't got CoS letter on his account to issue it to me.

HO took 4 weeks to issue employer CoS letter and then I applied fot Tier 2 again..

[Obie]

what options I got in hand now, If any....

9 years of hardships worth nothing in front of one "technical Error"?

what should I do now..

Unfortunately this day in age, in UK immigration, even half an error is as big as a mile.

I suggest you make complaint to the SRA or LAw society about the firm of solicitors who did this to you.

[singh143]

what options I got in hand now, If any....

9 years of hardships worth nothing in front of one "technical Error"?

what should I do now..

Unfortunately this day in age, in UK immigration, even half an error is as big as a mile.

I suggest you make complaint to the SRA or LAw society about the firm of solicitors who did this to you.

any chance of hope or what should i do now.

sit at home and wait for JR result...

[singh143]

any chance of hope or what should i do now.

sit at home and wait for JR result...

[Zee ali]

any chance of hope or what should i do now.

sit at home and wait for JR result...

Singh sorry to say but no chance. Even new JR cant help u as well.

Do u have family in UK? kids?if yes How old r they?

[geriatrix]

Do u have family in UK? kids?if yes How old r they?

I have two year old baby at home who born here, and my wife.

[singh143]

can I not make SET (O) application to consider my case 'out of rule' for discretionary leave, on the basis of incompetence of professional bodies I suffered from, Family and private life, contribution to the local community for 9 years etc.?

Please Advise?

[Zee ali]

can I not make SET (O) application to consider my case 'out of rule' for discretionary leave, on the basis of incompetence of professional bodies I suffered from, Family and private life, contribution to the local community for 9 years etc.?

Please Advise?

No chance. Best advise to u is go to some other developed country and try your luck there.