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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2849
Experience:  Partner in national law firm.
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Hello I have applied for the tier 1 Post study worker visa

Customer Question


I have applied for the tier 1 Post study worker visa and they received my application for processing and after couple of months they sent me an email requesting more information regarding the process but I didn't see the email they sent until very late, like 20 days not responding then I got surprised that they sent me the immigration officers to arrest me but I wasn't at home they told my sister that I am illegal immigrant.
I replied the email after the officers raid asking about if can send the requested information they asked me for but the woman in the UKBA replied that my application for tier 1 now has been completed and I have to comply with the instructions of the arrest team to book a ticket and go back soon.
she said the the decision was made in line with the immigration rules.

What does all that mean and is it illegal not to respond to the immigration requesting documents for long time ?

and what can I do since I booked an appointment for voluntary departure.

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Fran-mod replied 6 years ago.


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Expert:  Alice H replied 6 years ago.

Thank you for your question.


Please could you give me a little history about your case


1. When did you arrive in UK?

2. What type of visa?

3. When did the visa expire?

4. When did you make your application for post study visa?

5. What information did the UKBA request?

6. Why exactly did you not respond to their e-mail?



Customer: replied 6 years ago.

I arrived in the UK on the Jun 2006

I came as a student but I kept changing colleges

my visa has expired on 31 august 2010 I sent my application form the same day by courier service in Durham homeoffice but I got paper from them that they received my application dated 1/9/2010.

in November 2010 they requested previous certificates for other courses.

by the way the previous course I stopped attending it so I didnt get its certificate.

I only was applying for PSW tier 1 from other course I didnt inform the UKBA about it but was in the same period of the visa.

I didnt notice they sent me email.



Expert:  Alice H replied 6 years ago.

Do you agree that at the moment your in the UK without a valid visa?


What are your personal circumstances? Are you married? Do you have any children? If so, where are they?

Customer: replied 6 years ago.
yes I was waiting there reply but now I am without a valid visa in the UK but I made application for voluntary departure and i will attend an interview soon, I am single and my brother is british doctor born in the UK I dont have children but my brother have one kid so I am an uncle of a british citizen.
Expert:  Alice H replied 6 years ago.

Thank you for the additional information.


I am afraid that you have a number of problems: first you delayed sending your application until the day your visa expired; second you did not respond to the request for additional information. third you have no evidence that you completed your course.


As you have agreed to voluntary departure there is very little I can assist you with now. Having looked at all the information you have provided I cannot see any grounds to appeal the UKBA decision at this stage.


I am sorry that I cannot be more positive.

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