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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2137
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi there, My Tier 4 student visa expired on 30th November

Resolved Question:

Hi there,
My Tier 4 student visa expired on 30th November 2012, and my employer was looking to sponsor me. Since they didnt have their sponsors license, I was advised to apply for a FLR(O). This FLR(O) has been refused with no right to appeal (since right to remain was sought for a purpose not under Paragraph 322(1) of HC 395, which is fine, but they've also told me that the application was made on the 2nd of December, and I did not have leave to enter at the time of my application. This is false, since I had made my postal order and posted my application on the 30th Nov and have receipts of this as well), and I've been asked to contact the local enforcement office for my departure from the UK.
However, my employer has got their sponsor license now, and is ready to issue my CoS straight away. Could I get guidance on how I go about with this? I was told by a local solicitor to send a response letter to Officer who sent me the Notice of Decision (FLR(O) refusal), stating that I wish to exercise my right to appeal, on the grounds that I still made my application for FLR(O) on time, sending copy of receipts of postal order.
After I send this off, I was told that I need to ring the enforcement office and get an address to which I can send a copy of this as well. During this time, I'm also going to be making a Tier2 application. I was told not to attach a covering letter or a letter from my sponsor, so that it does not overcomplicate things.
Firstly, I just wanted a bit of reassurance to see that I'm on the right track. Secondly, I was hoping for a bit of help on how I need to draft this letter, and what I need to mention in it. I would really appreciate it if someone could drop me a sample template or something that I can go off, so that this goes simultaneously with my Tier 2 application, so that the enforcement office doesnot take any action against me.
I received the Notice of Decision on the 27th (letter was dated 25th) and I'm asked to contact the enforcement office before the 8th of June.

Thanks 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.

 

In respect of asking for a write to appeal, this will depend on the reasons you included in your application and the reasons on what your appeal will be based on, if your application was refused for you not meeting the requirements of the rules and the home office refusing to exercise their discretion then even if you write a letter to the home office they will most probably not grant you a write to appeal.

 

If however, the only reasons for not granting you the right to appeal was because you did not submit the application in time then yes there is a chance that the immigration officer may allow you a write to appeal but from experience they can be very difficult to deal with.

 

I do believe that you should submit the letter to the enforcement officer stating that you are hoping to either appeal or submit a new application. The point to note here is that the enforcement officer is only interested in removing you from the UK and the best way to prevent that would be to either 1) Appeal (if right given) and submit a copy of the appeal and the grounds of appeal to him to indicate that he should suspend any removal proceeding pending the outcome of the appeal or 2) Evidence of a letter of receipt in respect of your application to the home office, which again will mean that he will stop any removal proceedings.

 

There is nothing wrong in doing what you have been advised but, what I would ensure in that firstly you will have to convince the immigration officer who made the decision that your application was actually made in time and not out of time, so this definitely needs to be contested because it will have an effect on your Tier 2 application.

 

In respect of a letter being drafted to the home officer, unfortunatley we are unable to draft documents, but I will give you a few points which you should include in the letter:

 

1) Need to state your intention to either appeal of submit a new application.

2) state reasons that the original decision was incorrect and that you have submitted a letter to the immigration officer contesting the decision

3) You would be grateful if the enforcement officer could suspend any removal action until a decision is made in respect of your appeal/and or tier 2 application.

4) State that you will forward the enforcement officer with any reply as soon as you receive correspondence from the home office.

5) You should state that you feel that you are genuinely being preventing from exercising your right of appeal due to an incorrect decision and are willing to take the matter as far as possible to obtain a favorable decision.

6) State that you would be grateful if they inform receipt of your letter and ensure you send it recorded delivery.

 

This is what you need to include in your letter to the enforcement officer. The fact is that they are of the view that you do not have a right of appeal , so yes you should keep them informed of what steps you have been taking and also that you have written to the immigration officer and expect to obtain a reply soon.

 

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 questions until you are satisfied with my answer.

Kind regards

Customer: replied 1 year ago.

Hi there,


 


Thanks for a quick response. I found that very useful. I just need to ask you finally if you could similarly do me a list of things that I must include in the letter to the Immigration Officer/Home Office. I'll be drafting these today along with my Tier 2 application, and I'm looking to get all these sent out tomorrow.


Thus I just wanted to ensure that everything is spot-on and that I have covered everything.


 


Thanks and kind regards

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

In respect of a letter to the immigration officer you should include the following:

1) State the reasons firstly why you believe the decision is not correct
2)Go through each reason for refusal and refute it.
3) Inform the immigration officer of why you believe you submitted the application in time and make him aware of the enclosed documents (list the enclosed documents at the end of the letter)
4. Inform the officer that because of the reason you have mentioned you believe that you have grounds for appeal and therefore a right of appeal should be granted.
5. You should also mention the reasons how a refusal has effected you

I hope this helps you when drafting the letters. The fact is that you have to give the immigration officer the reasons why the decision was incorrect and secondly that due to it being incorrect you wish to appeal.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 questions until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

That sums it up brilliantly. Thanks for that.


One final clarification. The start date for my CoS is 04/06/13. Would this impact my Tier 2 application, since my Tier 4 visa ran out on 30/11/12? I was told that since the FLR(O) was being processed (and now refused) my leave to remain got carried on until the date of that letter, and I have 28 days to apply for Tier 2, or 10days to appeal against the refusal. Is this correct? Also, the annual salary on my CoS is 21,700 in accordance with the SOC 3545 from Codes of Practice. However, my current pay is 20,000. So in my Tier 2 application would I need to attach my Payslips? The solicitor I met said that if my employer writes a letter to clarify this, it might complicate things. Would you say that this is fine?


thanks

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply, I am glad it clarified things for you.

1. Yes your permission as a Tier 4 student would have carried on until a decision on your FLR O application was made.

2. In respect of the application you would need to enclose a contract confirming the specifies mentioned in the COS ie the hours you will work, the salary and job description. Both need to match that which is stated in the COS if they differ then your application will be refused.

Your employer does not need to be paying you the amount now but just that he would have to pay the salary once the application is approved.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2137
Experience: I am a qualified solicitor and an expert in UK law.
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