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Tier 2 Refused - gone to appeal

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Jon123458
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Posts: 2
Joined: Tue Apr 23, 2013 12:12 am
Location: UK

Tier 2 Refused - gone to appeal

Post by Jon123458 » Tue Apr 23, 2013 12:21 am

Hi all, I had my tier 2 refused last week through a couple of stupid mistakes:

1) my english test cert was out of date; though I have a masters and PhD from English universities I didn't include these as evidence (I have now)
2) I missed a bank statement when compiling the documents so it appeared I didn't have the full £900 for one month

I'd like to know whether these stupid mistakes could cost me big time or whether the oral appeal, given that I've now included all the supporting documents, will now be a matter of procedure to pass the visa?

I submitted the appeal today, but am pretty worried that I'll be punished here...

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 23, 2013 2:17 am

Unfortunately, no new evidence will be accepted in your appeal. However, you may question if they failed to apply their evidential flexibility policy.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jon123458
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Posts: 2
Joined: Tue Apr 23, 2013 12:12 am
Location: UK

Post by Jon123458 » Tue Apr 23, 2013 7:53 am

Thanks Vinny, does this mean even though I've now attached the erroneous statement, degree certificates they wont take this into account?! This seems crazy?! If they don't take this evidence - or any new evidence - into account then what chance do i have?! Why even have the appeal process?!

I'm going to oral appeal so they'll know I can speak English well enough - though whether hearing it with their own ears will actually count for anything is probably questionable too.

Would a good course of action, given what you've told me, be to question why the caseworker didn't make a 30 second phone call to clear all of this up, rather than putting me through this? I mean, apart from scaring the life out of me, it just seem absurdly bureaucratic.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Tue Apr 23, 2013 9:47 am

what exactly did the refusal letter say about the reason(s) for the refusal?
vinny wrote: Unfortunately, no new evidence will be accepted in your appeal
it seems that both pieces of evidence (degree certificate and bank statement) did exist at the time of the decision, i.e. they are not "new" evidence.

That being the case the appeal may well be allowed or UKBA may withdraw the refusal before the appeal hearing.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 23, 2013 9:58 am

Unfortunately, the evidence was not submitted (85A(4)).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Rituyadav
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Posts: 19
Joined: Thu Apr 18, 2013 4:22 pm
Location: Uk

application rejected

Post by Rituyadav » Thu Apr 25, 2013 3:26 pm

My application was rejected recently, saying that the job type my employer chose was not of NVQ6 and was of NVQ4. However I have got the points for salary. My job description includes more tasks of a NVQ6 than NVQ4. But because we are a small company My ceo chose the job type which was closer to the job title and not the job role as she was worried about the salary. Also in the old Codes of practice it doesnt clearly mention that job of a Office manager is of NVQ4.

I have appealed today.
1. Can somebody please advise on my situation
2. How long does it take for the appeal decision at the moment. If I have applied now when will the hearing will be?

Many thanks

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