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Notice of decision letter mistakes... What to do?

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silverpearlz
Junior Member
Posts: 53
Joined: Sun Feb 17, 2013 6:56 pm

Notice of decision letter mistakes... What to do?

Post by silverpearlz » Wed May 15, 2013 7:05 pm

This is what my refusal letter says for Appendix A. For 25 points under access to 50K it says the following. The strange thing is it says the same thing for the rest two parts which are - money held in a regulated financial institution(25 points) and money is disposable in the UK(25 points).[/b]


"You have claimed 25 points for Access to Funds as required under provision (d) of Table 4 of Appendix A of the Immigration Rules.

On the basis of the documents you have provided, however, the Secretary of State is not satisfied that these meet the requirements specified under Appendix A of the Immigration Rules and you do not qualify for the award of 25 points in this area.

The reasons for this decision are detailed below. You have claimed 25 points for having access to £50,000 under provision (d) of Table 4 of Appendix A of the Immigration Rules.

You have provided sufficient evidence to demonstrate that you do have access to at least £50,000.

As you are applying under provision (d) of Table 4, you are required to demonstrate that you meet the following additional criteria:

(i) are applying for leave to remain,
(ii) have, or were lasted granted, leave as a Tier 1 (post-Study Work) Migrant,
(iii) were, on a date falling within the three months immediately prior to the date of application,

(1) registered with HM Revenue and Customs as self-employed, or
(2) registered as a new business in which he is a director, or
(3) registered as a director of an existing business,

(iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD,
You have demonstrated that you satisfy (i), and (ii), (iii) above.

For requirement (iv) although you have provided a contract it does not include a landline
phone number as stated in the Immigration Rules.

As a result of the above, you have not demonstrated that you meet the requirements of the Rules to be awarded points under provision (d) of Table 4 of Appendix A.

You have submitted no evidence that you qualify for points under any of the other provisions in Table 4 of Appendix A, for example having access to £50,000 and, we have been unable to award points for this attribute in accordance with Appendix A of the Immigration Rules. "

My question is how UKBA could be so ignorant that the case worker didnt distinguish the rest two parts of the appendix A. I did submit three letters each confirming the same from Lloyds Bank as requested. My team member got the same letters. Wording mentioned here is exactly the same as it states on our letters.

On top of that theres another ignorant error by the case worker. At the front page where it explains the outcome of the decision and which should be made towards the end of an assessment, it says :-

"You have been awarded xxx points under Appendix A, 0/10 points under Appendix Band 0/10 points under Appendix C. Detailed below is your score for each of the areas in which points were claimed and the reasons for awarding the points scored."

Later on in the explanation they awarded me points under Appendix B and Appendix C. This is ridiculous. Straightaway insult to our efforts. :/

I did submit contract with all the clients details(as per the policy and guidelines) except landline as my client didnt have one. They havent mentioned about mobile so I didnt give.

They just cut copy pasted the same reason on the rest of the letter. Its really annoying to see same reason everywhere. There are contradictory statements throughout my appeal letter. Also there is grammatical mistakes on mine and my partners letters. I dont know whether these points will help in my appeal! But am gonna speak to them people!

I have applied already and am waiting for appeal hearing. Any guidance will be appreciated :)

Mr Legal
Member
Posts: 175
Joined: Wed Mar 06, 2013 2:19 am
Location: Scotland

Re: Notice of decision letter mistakes... What to do?

Post by Mr Legal » Wed May 15, 2013 8:02 pm

silverpearlz wrote:This is what my refusal letter says for Appendix A. For 25 points under access to 50K it says the following. The strange thing is it says the same thing for the rest two parts which are - money held in a regulated financial institution(25 points) and money is disposable in the UK(25 points).[/b]


"You have claimed 25 points for Access to Funds as required under provision (d) of Table 4 of Appendix A of the Immigration Rules.

On the basis of the documents you have provided, however, the Secretary of State is not satisfied that these meet the requirements specified under Appendix A of the Immigration Rules and you do not qualify for the award of 25 points in this area.

The reasons for this decision are detailed below. You have claimed 25 points for having access to £50,000 under provision (d) of Table 4 of Appendix A of the Immigration Rules.

You have provided sufficient evidence to demonstrate that you do have access to at least £50,000.

As you are applying under provision (d) of Table 4, you are required to demonstrate that you meet the following additional criteria:

(i) are applying for leave to remain,
(ii) have, or were lasted granted, leave as a Tier 1 (post-Study Work) Migrant,
(iii) were, on a date falling within the three months immediately prior to the date of application,

(1) registered with HM Revenue and Customs as self-employed, or
(2) registered as a new business in which he is a director, or
(3) registered as a director of an existing business,

(iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD,
You have demonstrated that you satisfy (i), and (ii), (iii) above.

For requirement (iv) although you have provided a contract it does not include a landline
phone number as stated in the Immigration Rules.

As a result of the above, you have not demonstrated that you meet the requirements of the Rules to be awarded points under provision (d) of Table 4 of Appendix A.

You have submitted no evidence that you qualify for points under any of the other provisions in Table 4 of Appendix A, for example having access to £50,000 and, we have been unable to award points for this attribute in accordance with Appendix A of the Immigration Rules. "

My question is how UKBA could be so ignorant that the case worker didnt distinguish the rest two parts of the appendix A. I did submit three letters each confirming the same from Lloyds Bank as requested. My team member got the same letters. Wording mentioned here is exactly the same as it states on our letters.

On top of that theres another ignorant error by the case worker. At the front page where it explains the outcome of the decision and which should be made towards the end of an assessment, it says :-

"You have been awarded xxx points under Appendix A, 0/10 points under Appendix Band 0/10 points under Appendix C. Detailed below is your score for each of the areas in which points were claimed and the reasons for awarding the points scored."

Later on in the explanation they awarded me points under Appendix B and Appendix C. This is ridiculous. Straightaway insult to our efforts. :/

I did submit contract with all the clients details(as per the policy and guidelines) except landline as my client didnt have one. They havent mentioned about mobile so I didnt give.

They just cut copy pasted the same reason on the rest of the letter. Its really annoying to see same reason everywhere. There are contradictory statements throughout my appeal letter. Also there is grammatical mistakes on mine and my partners letters. I dont know whether these points will help in my appeal! But am gonna speak to them people!

I have applied already and am waiting for appeal hearing. Any guidance will be appreciated :)
Sorry to hear about your refusal. This is the procedure or say their code of practice to award 0 points for all other related parts if an applicant has not met the first part of attribute. Example can clarify for you.
If they are not satisfied of your funds access, they will note 0points for the remaining area, and you will be able to see and read their decision in the remaining parts, which will clearly reflect the above practice. Just try to interpret it correctly please.
Experience and understanding can get you to the goal.Every information based on my own experience is friendly shared in goodfaith.

silverpearlz
Junior Member
Posts: 53
Joined: Sun Feb 17, 2013 6:56 pm

Re: Notice of decision letter mistakes... What to do?

Post by silverpearlz » Wed May 15, 2013 8:58 pm

[/quote]
Sorry to hear about your refusal. This is the procedure or say their code of practice to award 0 points for all other related parts if an applicant has not met the first part of attribute. Example can clarify for you.
If they are not satisfied of your funds access, they will note points for the remaining area, and you will be able to see and read their decision in the remaining parts, which will clearly reflect the above practice. Just try to interpret it correctly please.[/quote]

I understand about what you say as I already went through that on the letter. My concern was :- under Appendix A why would they not award 50 points saying no evidence was submitted rather they are explaining same thing again which doesnt even apply there. As the criteria FSA regulated institution and disposable in UK are applicable to all applicants mentioned in a,b,c and d. And if you read policy guidelines online http://www.ukba.homeoffice.gov.uk/polic ... appendixa/ you can clearly see these are the separate sections applicable to all applicants irrespective of the contract thing as the contract is to validate the trading of the business under section d. So why would they copy paste same thing there as it is not according to Appendix A policy guidelines.

Secondly why would they then award me 10 points for English and 10 points for Funds later on in the letter? Why would someone do a mistake in front of the Notice of decision which should have been prepared at the end! Secondly why there are errors and omissions in my letter? Why would the caseworker or the person who prepared my NOD authorized something with so many mistakes and misleading information which is simply not acceptable as per their own guidelines!

Mr Legal
Member
Posts: 175
Joined: Wed Mar 06, 2013 2:19 am
Location: Scotland

Re: Notice of decision letter mistakes... What to do?

Post by Mr Legal » Wed May 15, 2013 10:07 pm

silverpearlz wrote:
Sorry to hear about your refusal. This is the procedure or say their code of practice to award 0 points for all other related parts if an applicant has not met the first part of attribute. Example can clarify for you.
If they are not satisfied of your funds access, they will note points for the remaining area, and you will be able to see and read their decision in the remaining parts, which will clearly reflect the above practice. Just try to interpret it correctly please.[/quote]

I understand about what you say as I already went through that on the letter. My concern was :- under Appendix A why would they not award 50 points saying no evidence was submitted rather they are explaining same thing again which doesnt even apply there. As the criteria FSA regulated institution and disposable in UK are applicable to all applicants mentioned in a,b,c and d. And if you read policy guidelines online http://www.ukba.homeoffice.gov.uk/polic ... appendixa/ you can clearly see these are the separate sections applicable to all applicants irrespective of the contract thing as the contract is to validate the trading of the business under section d. So why would they copy paste same thing there as it is not according to Appendix A policy guidelines.

Secondly why would they then award me 10 points for English and 10 points for Funds later on in the letter? Why would someone do a mistake in front of the Notice of decision which should have been prepared at the end! Secondly why there are errors and omissions in my letter? Why would the caseworker or the person who prepared my NOD authorized something with so many mistakes and misleading information which is simply not acceptable as per their own guidelines![/quote]

Yes I can understand your contentions but the problem with them is to present you a guidelines and for them to apply it in line with their own code of practice.
Therefore,if they have been unable to award you points under area of funds access,they will not award you points under bank regulated and disposable area because they consider them consilatedly.Simply if they are not satisfied of your funds access,they don't consider the rest of area under one head.For example,if they are not satisfied of your funds means that you don't have funds avaialable,literally,how they will say that your funds are in a regulated bank or disposable in the UK.In this way if they can do,they will depart from or negate to their own decisions.

So that's abit arguable cases in court. Be just prepared to present before the tribunal that you had access to funds at the time of your application which were in a regulated bank and transferable or disposable in the UK.

Good luck for your further move .
Experience and understanding can get you to the goal.Every information based on my own experience is friendly shared in goodfaith.

silverpearlz
Junior Member
Posts: 53
Joined: Sun Feb 17, 2013 6:56 pm

Post by silverpearlz » Thu May 16, 2013 8:14 am

Hi I did submit three letters for mine and three for my team member. All together 6 letters from Lloyds bank. Each letter head has clearly stated that it is a FSA regulated institution. A UK bank meant it is disposable in UK and on our names. Bank confirmed the access on letters. They have accepted I have had access to funds and I have demonstrated through enough evidence. But after the landline thing they dont even want to acknowledge that for the rest two sections. Its clearly unfair to produce such a contradictory statement on an official document which affects someones lifes to a greater extent. It really shook me for a while and is affecting my personal life. I mean okay about COP but how come errors and omissions!! I dont know how come they hire somebody who could be so ignorant? What qualifications and experience they looking for when they hire someone? I wish I could sue them once I prove what they did in my application! Thanks anyways :)

rooney0511
Member
Posts: 227
Joined: Tue May 03, 2011 6:49 pm

Hi

Post by rooney0511 » Thu May 16, 2013 8:25 am

silverpearlz wrote:Hi I did submit three letters for mine and three for my team member. All together 6 letters from Lloyds bank. Each letter head has clearly stated that it is a FSA regulated institution. A UK bank meant it is disposable in UK and on our names. Bank confirmed the access on letters. They have accepted I have had access to funds and I have demonstrated through enough evidence. But after the landline thing they dont even want to acknowledge that for the rest two sections. Its clearly unfair to produce such a contradictory statement on an official document which affects someones lifes to a greater extent. It really shook me for a while and is affecting my personal life. I mean okay about COP but how come errors and omissions!! I dont know how come they hire somebody who could be so ignorant? What qualifications and experience they looking for when they hire someone? I wish I could sue them once I prove what they did in my application! Thanks anyways :)
send an email to the case worker, explain and see what the response will be.

silverpearlz
Junior Member
Posts: 53
Joined: Sun Feb 17, 2013 6:56 pm

Re: Notice of decision letter mistakes... What to do?

Post by silverpearlz » Thu May 16, 2013 8:53 am

I have already applied for an appeal on 06th of May. Waiting for hearing date. That case worker didnt contact me for the landline thing which could have been sorted out with my instant reply and evidences. So now when the caseworker has created a fuss I will tackle it their way.

I heard of someone who been granted full time work permit (3 years) when a mistake was done by UKBA and the case went to tribunal. The appellant won the case and the outcome of the process was a work permit for three years. I will prepare some similar case studies and ask for compensation if possible. any advice regarding that?

silverpearlz
Junior Member
Posts: 53
Joined: Sun Feb 17, 2013 6:56 pm

Post by silverpearlz » Sat May 18, 2013 2:37 am

anyone having mistakes in NOD?

qkiyani
Member
Posts: 125
Joined: Mon Apr 30, 2012 3:43 am
Pakistan

Post by qkiyani » Sat May 18, 2013 5:32 am

silverpearlz wrote:anyone having mistakes in NOD?
hi i hav got refusal on two points.we applied as a team n we both hav 25 k in each of our accounts.
1.we both dont hav access to 50k as no letter been provided by bank

2.landline number not provided on contract

""However the contract has been provided does not state the full contact details of the client including landline number so does meet the requirements of appendix A""

it shud say like so does not meet the requirement of appendix A....
Thats funny....

mmc
Member
Posts: 105
Joined: Wed Mar 06, 2013 10:52 am

Re: Notice of decision letter mistakes... What to do?

Post by mmc » Sun May 19, 2013 9:20 pm

silverpearlz wrote:This is what my refusal letter says for Appendix A. For 25 points under access to 50K it says the following. The strange thing is it says the same thing for the rest two parts which are - money held in a regulated financial institution(25 points) and money is disposable in the UK(25 points).[/b]


"You have claimed 25 points for Access to Funds as required under provision (d) of Table 4 of Appendix A of the Immigration Rules.

On the basis of the documents you have provided, however, the Secretary of State is not satisfied that these meet the requirements specified under Appendix A of the Immigration Rules and you do not qualify for the award of 25 points in this area.

The reasons for this decision are detailed below. You have claimed 25 points for having access to £50,000 under provision (d) of Table 4 of Appendix A of the Immigration Rules.

You have provided sufficient evidence to demonstrate that you do have access to at least £50,000.

As you are applying under provision (d) of Table 4, you are required to demonstrate that you meet the following additional criteria:

(i) are applying for leave to remain,
(ii) have, or were lasted granted, leave as a Tier 1 (post-Study Work) Migrant,
(iii) were, on a date falling within the three months immediately prior to the date of application,

(1) registered with HM Revenue and Customs as self-employed, or
(2) registered as a new business in which he is a director, or
(3) registered as a director of an existing business,

(iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD,
You have demonstrated that you satisfy (i), and (ii), (iii) above.

For requirement (iv) although you have provided a contract it does not include a landline
phone number as stated in the Immigration Rules.

As a result of the above, you have not demonstrated that you meet the requirements of the Rules to be awarded points under provision (d) of Table 4 of Appendix A.

You have submitted no evidence that you qualify for points under any of the other provisions in Table 4 of Appendix A, for example having access to £50,000 and, we have been unable to award points for this attribute in accordance with Appendix A of the Immigration Rules. "

My question is how UKBA could be so ignorant that the case worker didnt distinguish the rest two parts of the appendix A. I did submit three letters each confirming the same from Lloyds Bank as requested. My team member got the same letters. Wording mentioned here is exactly the same as it states on our letters.

On top of that theres another ignorant error by the case worker. At the front page where it explains the outcome of the decision and which should be made towards the end of an assessment, it says :-

"You have been awarded xxx points under Appendix A, 0/10 points under Appendix Band 0/10 points under Appendix C. Detailed below is your score for each of the areas in which points were claimed and the reasons for awarding the points scored."

Later on in the explanation they awarded me points under Appendix B and Appendix C. This is ridiculous. Straightaway insult to our efforts. :/

I did submit contract with all the clients details(as per the policy and guidelines) except landline as my client didnt have one. They havent mentioned about mobile so I didnt give.

They just cut copy pasted the same reason on the rest of the letter. Its really annoying to see same reason everywhere. There are contradictory statements throughout my appeal letter. Also there is grammatical mistakes on mine and my partners letters. I dont know whether these points will help in my appeal! But am gonna speak to them people!

I have applied already and am waiting for appeal hearing. Any guidance will be appreciated :)

Hi silverpearlz

Sorry to hear your refusal. Did you appeal ? if yes what is outcome ?

I thought to report to watchdog or media about the UKBA ignorant and their staff ???
MMC

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