Hi all,
I have a friend who is having this challenge. At the moment, he has tier 2 visa which runs out in Feb 14 2017, and the company is not ready to sponsor the next 2 years because of the issue in salary increase of the particular code and they are not ready yet to change the code to suit his current salary. Now, the option that is left if nothing is done about his particular visa is to apply again for the indefinite leave to remain which was refused initially due to payment problem which was home office fault. He has evidence.
His history as Followed, he came in January 2005 and during his ongoing extension of visa application, he applied in 21 October 2010 for Tier 4 and the visa already expired in 31 October 2010. The form returned in 12th November 2010 rejected and No fee and he reapplied within 28 days but the visa was refused with no right of appeal in January 13 2011. The reason was because he sent the bank statement of the initial date of application of the invalid form. . He now applied again in 24 March 2011 and was granted.
When he applied for ILR in June 2015, he was refused because of these gaps 163 days ( From November 12 2010 till January 2011)
Honestly, the two rejection technically there was their fault. There was money in his account. The second one was that the bank statement he used covered the period he applied in October 21st 2010. In the second application, he gave a cover letter and proof to them that there is money in his account. but they still refused because the statement was not covering November period only October Period. He had to seek a lawyer who applied again for him and explain in the letter to the UKBA before they granted him the visa.
He has the SAR report and the reason for both refusal which technically not his fault. Can he applied again to argue that invalid payment due to them not taken payment is not his fault and that extension 3c should be applied.
Any suggestion ?
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