HSW Tier 1 (general) Visa obtained on 1st June 2010 valid until 1st June 2013.
Main applicant :myself Dependent: husband
Application for extension filed on 28th April 2013
Main applicant: myself Dependents: husband, daughter (born in July 2012)
Refusal letter received: 10th June 2013
Reasons for refusal:
1. No points granted for UK experience
I was in full time paid employment on a fixed term contract between May 2011 to Jan 2012. Following this I was not in paid employment (maternity reason) until April 2013. I have claimed points for my UK experience on the basis of the maternity being the reason for gap although I was not eligible for Statutory Maternity Pay.
2. No points granted for previous earnings
As per rules the earnings period should be any consecutive 12 period within the last 15 months. The exception to this rule is mentioned in pt. 80 (of policy guidance document) as under:
“An applicant may claim points for a 12-month period of earnings outside of this 15 months if they can show that he/she has been:
• away from the workplace for a time during the last 12 months because of a period of maternity or adoption-related absence.”
I have medical records and birth certificate (from India as my daughter was born there) to prove the maternity related absence.
3. No points granted for maintenance funds
The period for which we submitted fell short by one day i.e. the requirement is for 90 days and the bank statements submitted included a period of 89 days. But since the application was made a more recent bank statement is available which can be submitted.
The choice for next steps as offered by the Home Office is of hearing or paper review
Not sure what to do for claiming points for maternity break. I have more than enough funds but they just didn't consider them :( neither my UK work experience so far. Can I highlight that I am currently in a permanent position (since 15 Apr 2013)
Does anyone know any good solicitors for making appeal?
Sorry if the post seems too long - just really need advice quickly!! Thanks.
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