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Complex issue with my son application

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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Timi17
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Posts: 2
Joined: Thu May 31, 2018 9:37 pm
Macedonia

Complex issue with my son application

Post by Timi17 » Thu May 31, 2018 10:18 pm

Hi,

I need help with my strange case, please see below the whole history.

I have applied for extension of my TIER2 general visa for myself and my dependents(husband and son) on 30April through priority service. Considering that all the things for my visa are done through my employer soliciters, I received info from them that on 14 May (on the tenth working day after applying), Home Office come back with info that insufficient payment has been done for my visa and on 16May my soliciters had paid the rest of the amount (not clear how they were not aware how much they need to pay). The next week I made a lot of pressure on my soliciteres because they were aware that I had booked holiday from 29May, so I expect that they need to follow up about my case. I sent couple of emails to Home Office but no response. On 24May I received call from my soliciters saying that they received call from someone from Home Office and they have been informed that they were not able to make the decision within the SLA of 10 days because there is complex issue with my son application and they will take the decision latest by mid June.

My questions:

1. how is possible first Home Office to check the payment on the 10day of applying it was outside od SLA and now on 24may to come back with call to my soliciters that the decions was not taken within SLA because of the complex issue.Can HomeOffice call my soliciters, do they need to send letter?

2. what can be the complex issue with my son application

3. do you think that I need to contact my MP in order to follow up on my visa

4. in the moment my visa is expired and I need to move my flat because the landlords are selling the flat, so every agency os asking for my visa before I start new tenant agreement

Any advices will be welcomed, I am so dissapointed.

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dontringthebell
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Posts: 466
Joined: Wed Mar 01, 2017 4:15 pm
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United Kingdom

Re: Complex issue with my son application

Post by dontringthebell » Fri Jun 01, 2018 12:21 am

Are you paying for your application or your company/solicitors.

If you apply for priority service and for any reason they can't make a decision within specified timeline, they would refund you the priority service fee or some part of it. I have had this experience and was returned over 1600 GBP for in person tier 2 applications for myself and wife at PSC, Their systems were down and couldnt attach my wife's biometric to what application.

1. You must enquire Home office about the delay as you paid priority fee.
2. Anyones guess, can't say. Is there something you suspect.
3. Not so soon
4. You can write the same to HO in order to enquire about the reason for delay but at the same time explain to agents your application is under process, if it comes to worse which it shouldn't you could ask citizens advice bureau.
Don't misconstrue my views for professional immigration advice, just trying to give back to a community that helped me through my journey.

WP-> HSMP-> Tier 2G D-> ILR-> BC-> OCI

Timi17
Newly Registered
Posts: 2
Joined: Thu May 31, 2018 9:37 pm
Macedonia

Re: Complex issue with my son application

Post by Timi17 » Fri Jun 01, 2018 1:41 am

Thanx for your responses.My company paid for the priority service, so probably the soliciters could claim that.However, noone will reimburse me about my canceled package holiday :cry:

Only issue that I think of is my son child benefit that I am taking in the last 12months.
Eventhough I am on TIER 2 visa, my country (Macedonia) has bilateral agreement with UK that Macedonian citizents in UK could claim this, so considering my income of more than 50k, I will be liable to the high income Child Benefit charge.

I mentioned this to my soliciters and they checked everything and they said that everything is ok with that and my son benefits are in line with the eigibility criteria of HRMC.They wrote note about this to HO as a part of my application.

I called HMRC today to speak with them about potential issue with Home Office and they just said since you are receiving this benefit you are eligible for this if you want something in written form, please send us mail by post and we will come back in 4weeks.

Do you think that this could be the complex issue abd why they will need to much time to check one info with HMRC?

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

Re: Complex issue with my son application

Post by vinny » Fri Jun 01, 2018 2:03 am

A possible reason why they are calling a case complex may be because the Immigration rules are too complex for the caseworkers.
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.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Complex issue with my son application

Post by Djsuccess » Sat Jun 02, 2018 7:19 am

vinny wrote:
Fri Jun 01, 2018 2:03 am
A possible reason why they are calling a case complex may be because the Immigration rules are too complex for the caseworkers.
Exactly what I was going to say. The caseworkers might not be clear about some rules.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Djsuccess
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Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Complex issue with my son application

Post by Djsuccess » Sat Jun 02, 2018 7:24 am

Timi17 wrote:
Fri Jun 01, 2018 1:41 am
Thanx for your responses.My company paid for the priority service, so probably the soliciters could claim that.However, noone will reimburse me about my canceled package holiday :cry:

Only issue that I think of is my son child benefit that I am taking in the last 12months.
Eventhough I am on TIER 2 visa, my country (Macedonia) has bilateral agreement with UK that Macedonian citizents in UK could claim this, so considering my income of more than 50k, I will be liable to the high income Child Benefit charge.

I mentioned this to my soliciters and they checked everything and they said that everything is ok with that and my son benefits are in line with the eigibility criteria of HRMC.They wrote note about this to HO as a part of my application.

I called HMRC today to speak with them about potential issue with Home Office and they just said since you are receiving this benefit you are eligible for this if you want something in written form, please send us mail by post and we will come back in 4weeks.

Do you think that this could be the complex issue abd why they will need to much time to check one info with HMRC?
I was also going to say that since your employer paid a solicitor to handle the application, maybe you should allow them to do their job. It could lead to more confusion if you are contacting UKVI and your solicitor is doing the same at the same time. Again, all official communication about your application will go to the solicitor anyway. Just my opinion.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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