Tier1 General Extension Refused -Urgent advise Please

[abdelrahman.awwad]

Dear all, ...... I need your urgent advise please.
First Stamp 20/Dec/2010.... due to continuous stay and late entry I have applied to extend before April 2015 to myself main applicant and 3 Dependants Wife and two boys. Unfortunately the payment transaction was rejected and UKVI refused to process or to reconsider my application.

I need at least one more year to be able to apply for ILR

- If I switch to Tier2 General , will the time be combined without having to have the tier1 as the most recent route.
- If I can combine the years Will the clock reset to my wife and two sons will they have to wait for another 5 years in order to apply for ILR .

Please advice as soon as possible, Thanks in Advance
abdel

[naveediiqbal]

Hi,

Did you get any right of appeal?

what mode of payment you used and why it was declined.

[abdelrahman.awwad]

Thanks for your response Naveed, using Debit Card information on the front payment pages of each form,the amount was around 6400£ and was rejected from the bank 14 mar 2015 . No right to appeal was given as the application was considered as Invalid.
The letter came after 6th of April and my second attempt with successful payment transaction was refused as I have applied on the 23rd of April i.e. after the closure date. I have contacted two solicitors so far and both confirmed that nothing could be done ?! unless I take the risk and apply for ILR with my wife and two sons or to change to a different route.

I am trying to find an alternative safe option i.e. Tier1 ent or Tier2 Gen , but don't really understand the impact on my 5 yrs towards ILR for the main applicant and his Dependants.

Please advise .. Thank you

[naveediiqbal]

Thanks for your response Naveed, using Debit Card information on the front payment pages of each form,the amount was around 6400£ and was rejected from the bank 14 mar 2015 . No right to appeal was given as the application was considered as Invalid.
The letter came after 6th of April and my second attempt with successful payment transaction was refused as I have applied on the 23rd of April i.e. after the closure date. I have contacted two solicitors so far and both confirmed that nothing could be done ?! unless I take the risk and apply for ILR with my wife and two sons or to change to a different route.

I am trying to find an alternative safe option i.e. Tier1 ent or Tier2 Gen , but don't really understand the impact on my 5 yrs towards ILR for the main applicant and his Dependants.

Please advise .. Thank you

did you have enough money in your account and did you bank said it was rejected from your side or home office was not able to get the payment? why are you communicating so late. Just check if you can file a Judicial review.

But mind that during judicial review you might not be given leaves under 3c/3d and probably cant make new application. Alternatively, you may switch to Tier 2 as this may help to combine time line. the only thing I am not sure is do you have any leaves remains or your visa is already expired. so how much validity of leaves is remaining

[abdelrahman.awwad]

Both the home office and the bank provided generic reasons for the rejection such as fraud prevention transactions,not enough funds etc. but no solid reason was given, the only possible reason in my opinion was the card expiry it was expiring soon but still had1.5 month validity.
The decision came on June and they refunded all application fees . Started communicating with them via post and phone and asking them to re-consider a re-application last letter was received 2 weeks ago ''Re-Consideration : Rejected , reason ''didn't provide evidence that I have applied a valid application before the closure date ....and ( No further Re-Consideration requests will be acceptable).
took the letter to 2 solicitors and both advised it's not going to happen the route has simply closed.

Kind Regards
Abdelrahman

[abdelrahman.awwad]

Hi Naveed , The reconsideration Rejection letter came only two weeks ago during the last 2 weeks i contacted two solicitors to find more options both were giving me legal advises on my current situation but non of them were giving me any options.

The Tier1 gen will expire 14/Mar/2016 . It seems there is no hope for the tier1 to be extended, that's why I was thinking of other Options . to be honest the Tier2 is quite hard I have applied for many jobs and all employers are not willing to offer the sponsorship.

I can still apply for ILR but it would be a high risk application due to the following reasons :

http://www.immigrationboards.com/indefi ... l#p1241852

Thanks
Abdel

[naveediiqbal]

Both the home office and the bank provided generic reasons for the rejection such as fraud prevention transactions,not enough funds etc. but no solid reason was given, the only possible reason in my opinion was the card expiry it was expiring soon but still had1.5 month validity.
The decision came on June and they refunded all application fees . Started communicating with them via post and phone and asking them to re-consider a re-application last letter was received 2 weeks ago ''Re-Consideration : Rejected , reason ''didn't provide evidence that I have applied a valid application before the closure date ....and ( No further Re-Consideration requests will be acceptable).
took the letter to 2 solicitors and both advised it's not going to happen the route has simply closed.

Kind Regards
Abdelrahman

Hi Abdel,

According to my understanding HO shall not simply refuse application due to payment issues. Have they given you alternative payment options. and did you responded in time.

It was simply unfair to e honest. I have read some cases in which in appeal the judges allowed appeals for application not considered for only non payment issues. I will try forwarding your case.

you can any time go for switch of visa but try considering talking to solicitors that as your first application was returned unfairly you should have a right to get a consideration as your new application is just due to payment issues and the date of application shall still be the first date when you posted it. So lawfully it will still be in time application. I will try to find examples to help you but try getting advise from a good solicitor and go for JR. You might get Tier 1 application considered. also check how good your application first time apart from payment issues.

[abdelrahman.awwad]

Hello Naveed ,
Thanks for your support , the application was 100% perfect every single document was provided I met all of the extension criteria , points ,age , salary etc.
I was really surprised that both Solicitors advised that we can't challenge this case as my application was invalid before the closure date i.e. 14/mar/2015 . I don't know why to be honest !

[naveediiqbal]

Hello Naveed ,
Thanks for your support , the application was 100% perfect every single document was provided I met all of the extension criteria , points ,age , salary etc.
I was really surprised that both Solicitors advised that we can't challenge this case as my application was invalid before the closure date i.e. 14/mar/2015 . I don't know why to be honest !

Hi Abdel,

Payment decline shall not change the application date. My application had a card payment declined and then HO sent me email and I paid through cheque but my application date remained the initial one. So I am quite satisfied regarding the application date. Just double check with a senior solicitor. Some senior members could also guide. God willing by AR you shall get a right of appeal to initial application rejection.

[naveediiqbal]

Hello Naveed ,
Thanks for your support , the application was 100% perfect every single document was provided I met all of the extension criteria , points ,age , salary etc.
I was really surprised that both Solicitors advised that we can't challenge this case as my application was invalid before the closure date i.e. 14/mar/2015 . I don't know why to be honest !

Please refer a similar case in which it was determined that the application was not invalid

http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

Regards,

[abdelrahman.awwad]

Naveed this is very Interesting ?! I'll forward this link to the solicitor that looked into my case

[naveediiqbal]

Naveed this is very Interesting ?! I'll forward this link to the solicitor that looked into my case

Hi,

NP keep me posted of any updates and hope for good.

Regards

[naveediiqbal]

Further as per your other post

When calculated on Excel it gives 4.956 yrs but not 5
Entry Date : 1/Apr/2011
Expiry of Tier1 ( after second extension) 14/03/2016
It will only qualify for 5 yrs if I applied on 02/03/2016 ( 12 days before expiry)


it seems you will complete 5 years before expiry of your visa so why you are taking stress. You should be fine

[Jollyjustcome]

To abdelrahman, I'll advice you to go for judicial review. Don't just give up in the tier 1 general just yet. Pre action protocol letter before judicial review and see if they will reconsider. Also use the case law regarding payment in support of your case.