Tier 1 Refused Home Office

[Sona997]

Dear all,

I filed my application 4 weeks ago for Tier 1 General based on salaried income and self employment.

Home Office refused my application on following grounds

Invoices which I provided for my self employment earnings were not all verified

I claimed 52k pounds but Home office said they could only verify 28k pounds out of which my employment is about 19k GBP, means they were able to verify only 9k GBP of income. I have checked with all my business contacts and every one verified the income I earned by providing my services to them and they are ready to provide me copies of letter which they sent to HO case worker.

Secondly, the total imcome which HO has verfied, seems to me a big Blunder as no two companies or more business invoices add up to this amount.

Thirdly, I provided HMRC tax return copy, tax liabilty statement, as well.

It looks like there is big mistake involved during calculation of verified income by Case worker. I cannot apply again because now pass marks are 100.

Any advice what should I do ! Shall I go for new application , ask HO to review the case due to mistake, or go for judicial review as HO has not given me appleal right as well. HO also retained the passports as well, I am short of time for taking the decision, so i would appreciate if some one can advice ASAP.

Regards

Su

[geriatrix]

Maybe I am wrong but I don't see a reason why UKBA did not return your passports unless UKBA suspects use of deception. Best to check with UKBA without delay as to why your passports have not been returned.

Reapplying with the same evidences is not going to help. as UKBA may come up with the same decision and reasons. If you are certain the evidences you submitted were in line with the specified requirements and that the decision made is wrong (no one but you knows that), then you may wish to challenge the decision through legal means available. Consult a competent solicitor


regards

[pelican2016]

I am extremely sorry to hear this news. Unfortunately I had also applied 4 weeks back that is on 2nd July. I know you are right now in a big tension but could you please take 1 minute and respond to my queries as I am also in full tension after reading you post. Because I had mis calculated my earnings and resented my documents to UKBA, I hope they will take that into consideration.

1. What is your applied date?
2. What is the format caseworker has send mail to the references you provided? this is because I should be prepared if a mail comes to my office as they are not aware I have applied for visa.
3. Will they send the scanned copies of all the documents we attached to the references we provided?
4. I will be very grateful to you if u can PM me one format mail which your reference as forwarded to you.

Thanks alot
Abdul

[Sona997]

Thank you for reply. my application is out of time thats why UKBA i think did not return passports.

You are suggesting that i should go for judicial review, how about if solictor write letter to UKBA that decision is wrong and asking for appeal rights and then hopefully i will get the positiove reply. secondly, for example what court can do and what are my chances if i go for this option.

regards

Maybe I am wrong but I don't see a reason why UKBA did not return your passports unless UKBA suspects use of deception. Best to check with UKBA without delay as to why your passports have not been returned.

Reapplying with the same evidences is not going to help. as UKBA may come up with the same decision and reasons. If you are certain the evidences you submitted were in line with the specified requirements and that the decision made is wrong (no one but you knows that), then you may wish to challenge the decision through legal means available. Consult a competent solicitor


regards

[geriatrix]

I am no solicitor but, AFAIK, there are no appeal rights on refusal of an out-of-time application. Given this fact (out-of-time application), don't think you even have legal avenue to challenge the decision.

At this point, I would be more worried about why your passport has been returned? If you do not have any current leave to remain in the UK (out-of-time), you are an overstayer in the UK, and therefore, is UKBA initiating proceedings to deport you? Check!

Hope you've hired a competent solicitor. All the best.


regards

[Sona997]

Thank you for advice, how about if i go back home country and re apply again from there. But judicial review I can not proceed here?

regards

I am no solicitor but, AFAIK, there are no appeal rights on refusal of an out-of-time application. Given this fact (out-of-time application), don't think you even have legal avenue to challenge the decision.

At this point, I would be more worried about why your passport has been returned? If you do not have any current leave to remain in the UK (out-of-time), you are an overstayer in the UK, and therefore, is UKBA initiating proceedings to deport you? Check!

Hope you've hired a competent solicitor. All the best.


regards

[geriatrix]

You may apply from home country provided you qualify. Remember that overstaying in the UK might influence EC applications in the future.

When the application was made out-of-time (which is not allowed), I don't think you can pursue the case legally. But, as I said, I am not a lawyer so don't take my word for it.


regards

[Sona997]

Thanks, will look for competent solictor and take it from there, but will keep this forum update on any outcomes, which proves so far really helpful.

thanks to all,