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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2106
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, My tier 1 visa application has been refused. Fortunately,

Resolved Question:

Hello,

My tier 1 visa application has been refused.
Fortunately, I have a right to appeal and has given the appeal form but not given the documents and supporting materials such as my passports and last visa (psw visa)

According to the letter, the reason why I've rejected is that I've awarded 0 points under appendix A regarding the both Sponsorship and Appropriate salary. I'm sure that I've made a mistake when wrote down the occupation code and salary on the application form.

Appendix B (English language) and C (Maintenance) are ok.

Could you tell me if the situation is hopeful if I appeal and advise me what I should do now?

Looking forward to hearing from your answer and thanks very much in advance.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you confirm what tier 1 visa you are applying for?

Kind regards
Customer: replied 1 year ago.
It's tier 1 general.

Ive had PSW VISA and I've been working for the company more than 6 months. So my company has given UCOS to support me.
Customer: replied 1 year ago.
Sorry! It's tier2 general. Not tier1
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I thought it was tier 2 because tier 1 general is closed.

1. The home office will not return your passport because I assume that as of now you are an overstayer and your previous visa has expired. Therefore the home office do not want to return your passport simply to avoid you getting lost in the system or remaining in the uk illegally. In addition should the need to deported you arise they will be able to do so as they will have your passport.

2. What you would have needed to do in respect of your application is write your certificate of sponsorship number on the form. Your employer should have informed you in respect of the code and also the salary that they are willing to pay you.

If you have entered either of these in correctly then the immigration officer would have no choice but to refuse your application because the information on the form was incorrect .

Now in respect of your appeal what the immigration judge would want to know is how the decision made by the immigration officer was incorrect because this is what you are essentially appealing. Now if the information was not present on the form then the immigration judge would state that judging by what you submit and mentioned on the form which was either incorrect or didn't meet the requirements then the decision made was correct.

Now what you may wish to do is write what is called a letter of reconsideration to the immigration officer to reconsider their decision stating the reasons for why you believe the decision made was incorrect, you may wish to include the correct code and current salary and inform the immigration that a legitimate mistake was made on the application form and you entered incorrect details. You may also state that your sponsor is still willing to sponsor you and you may wish your employer to write a letter to that effect and enclose it with your letter.

The letter would be sent to the department stated on the refusal letter and the name of the immigration officer stated on the refusal letter.

You may write the letter of reconsideration along side your appeal and then ask the judge to sympathetically view your situation. The letter of reconsideration should take no longer that 3 months to obtain a reply and if the immigration officer does reconsider their decision then you can with draw your appeal and if the immigration officer doesn't decide to reconsider their decision then you can continue with your appeal. The ukba call this administrative review, please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/administrative-review/

In your situation all you can do is ask both the immigration officer and the immigration judge at appeal to exercise their discretion because you have made a mistake with the application.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Thanks so much for your advise.
I was wondering if I don't need to re-do the application form.

According to the letter, they refused my case, as the occupation that I mentioned is not on the list of NQF level 6, and the salary I've written down doesn't reach the minimum for the type of job.

So, i think i should tell them the the appropriate occupation which is above the NQF level and more salary than my actual salary.... Is it right?
If I need to do it, it's kind of telling them lying.....should I do that?

Or, will they accept my case even if my job doesn't meet the required level, if my sponsor would like to support me?

There are 2 types to appeal. One is Oral Hearing and another one is Papers. If I need to write the letter, it means I appeal on the papers? Oral hearing is to talk to the judge face to face, isn't it?

Sorry for to many questions but I have no idea how to start!

I do appreciate for your help.
Regards
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.


1. Yes you would need to at least have the minimum salary required for the job as well as the employment role being nqf level 6 or above.

2. You should not lie because your employer has already obtained a certificate of sponsorship for you which states the salary and job title you are applying for, so they already know what it should be, if the salary and job title do not match that on the certificate of sponsorship then you will not be granted a visa.

3. Regardless of your employer wanting to sponsor you, if you do not meet the requirements of the immigration rules your application will not be successful.

4. I'm respect of the Hearing I always ask my clients to opt for an oral hearing because it gives and the judge to talk and also for the judge to ask questions. There is nothing preventing you from writing a letter and opting for an oral hearing.

It is absolutely fine for you to ask questions, I am happy to help.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Hi,
I'm still a bit confused what we can do. Could you kindly answer the questions below?

I've found that my job tile and the salary my sponsor mentioned applying UCOS, havent met level 6 (it's level4) and required minimum salary.
I guess from your answer, my appeal will be refused again if I don't have the job title above level 6 and the proper salary, even if my sponsor write a letter.
I was wondering if we could change the job title and salary which meet the requiremets when i appeal.

Appreciate for your help.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Unfortunately not, because as I mentioned earlier the appeal is on the decision made by the immigration officer and you would appeal a decision because you believe that the decision made was incorrect.

In this instance that decision made would be correct as neither the job level or the salary were correct. Therefore the judge would be decide that the immigration officer made the correct decision.

You could argue on the day of the Hearing that you have now obtained the correct certificate of sponsorship and have now chosen the correct job title and salary for you to undertake work in the uk. Whether the immigration judge accepts this would be the judge's prerogative and would depend if the judge exercises their discretion.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2106
Experience: I am a qualified solicitor and an expert in UK law.
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