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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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In the decision letter of my tier 2 general visa from Home

Resolved Question:

In the decision letter of my tier 2 general visa from Home Office, it is read that the appeal form must be received under 5 business days after you have been served with the notice of decision. Does it mean 5 business days after I receive letter (last Saturday) or 5 business days after they issue the notice (11 May as read on the notice paper)?
Many thanks
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Just to be clear, what is the date of the notice/letter (11th May?)

Kind regards.

Tom

Customer: replied 3 years ago.
It is the date printed on the notice letter. But it is sent by 2nd class mail service, so I received it only on last Saturday morning.
Cheers
Expert:  Thomas replied 3 years ago.

HI,

 

What is the name of the Form - is it an IFT1 form?


Tom

Customer: replied 3 years ago.
IAFT 1.
Expert:  Thomas replied 3 years ago.

Hi,


Can you check that you have read the form right please. There should be some notes advising you. It is usually 5 business to return if you are in detention OR 10 working days if you are not in detention

 

If the date of the notice is 11th May then service upon you will be taken to be Friday 13th May (two working days after). I believe this means that they must receive your confirmation that you wish to appeal by Friday 20th May (if it is to be returned within 5 business days) of Friday 27th May (if it is ten working days).

 

If you send it today or tomorrow to them by Royal Mail Next Day Special Delivery then you will be fine.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
Hi Tom

Thank you very much!!

I'm unfortunately in detention because my current visa was expired while waiting for their decision.

Now I understand. Final question. If i choose to fax my IAFT 1 form tomorrow, do you think it is alright? Or they prefer to have the form by post?
Expert:  Thomas replied 3 years ago.

Yes, that will be fine but you need to make sure you get the transmission receipt for the fax.

 

If you are to fax it then do not send it by post. It's either one or the other.


Please click accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Hey Tom

It looks like I misunderstand the meaning of detention here?
If my tier 4 student visa was expired while I'm waiting for UKBA's decision of my tier 2 general visa, and my passport was returned to me with the notice of decision and IAFT 1 form.( my nationality is Taiwan). In this case, am I defined as in detention or not? please, because it is urgent, if you can be kindly answering my question before this evening, I will pay you tips!
Cheers
Expert:  Thomas replied 3 years ago.

Hi,

 

I think you have misunderstood the meaning of detention. Detention means that you are held at a detention centre after having been apprehended by the UKBA in breach of the terms of your visa.


If you are not in a detention centre then you are not in detention and therefore have 10 days, but I would not wait in any event - it's only a notice that you wish to appeal - and send it ASAP.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Thank you very much for your prompt reply. But don't I need to find a solicitor to phrase the appeal ground for me first? Im in Necastle and the earliest available time for my solicitor is Friday afternoon. I of course want to do it as soon as possible especially when my case i believe is straight forward. The reason Home office refuse my application is that I am not awarded the points of English Language. ( i have submitted The PhD thesis to University of Durham and are waiting for viva. In order to award points of English, I have to have a degree from UKs university. The immigration advisor of University of Durham suggested me that a formal letter stated that I have submitted thesis and am waiting for viva is sufficient. But apparently the state officer does not like it. However, I do have a master degree from Durham university as well, which is proved to award the points of English according to the points calculator from UKBA website. So I believe I only need to send my master diploma with the appeal form right?)
Do you do private case by checking my form if I fax to you the IAFT 1 form along with UKBAs decision letter and my diploma tomorrow morning 10am and email me back your revision as soon as possible please?
I'm sorry if I asked too much. But if you agree, please just give me a quote for your service.
Many thanks! But please do reply to this shortly so I can click "accept answer" thus pay tips.
Cheers
Expert:  Thomas replied 3 years ago.

Hi,

 

Can we pick this up tomorrow morning please? I'm on my phone at the moment.


I would say that private contact is prohibited between experts and customers though.


Tom

Thomas, Solicitor
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

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