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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi I recently applied for a Tier 1 general extension at the

Resolved Question:

Hi
I recently applied for a Tier 1 general extension at the peo in cardiff. I was told that they could not give a decision as they had to do further checks.
I travelled frequently to Nigeria because I was doing business there and I had an investment there that recently matured. This was the basis of my earnings. I used my Nigerian bank statement and an accredited accountant.Who was also my accountant on my initial Tier 1 general application.
Unfortunately its been 14 days now with no response from the home office. Not even an acknowledgement letter. I have 4 dependants here in the Uk and their visas have now expired on the 23rd of June 2013 while awaiting my response.
My wife has now resigned from her £26,000 p.a job because she has no visa status.
I am desperate to go back to Nigeria as I need to cater for my family. I send £2000-£3000 to my family monthly all of which I have proof of via UK bank statements. The plan is to make enough money to establish my property business here in the uk. my three kids were born here (aged 7,5 and 8months) I have never been in trouble with the law and I have a clean record.
I now wish to ask for expedition of my case but unsure of how to proceed. We are in dire need of cash and I have to travel to Nigeria with immediate effect. We have no other source of income. I do not want to withdraw the application. We are settled here and I have provided all that is needed to get a Tier 1 extension.
Please advise
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.

Just to confirm, was your wife in the uk as your dependent?
Who informed her that she has no status?
How long did the home office state that they will revert back to you with a reply?

Kind regards
Customer: replied 1 year ago.

Hi,


Yes my wife and two children have tier 1 dependant visas. and the baby was born in oct 2012 and we are yet to get him a passport.


The hr department in her office have said since her visa has expired and they have no proof that we have applied for an extension they cant keep her.


I was also specifically told by the officer at the cardiff peo that once their visa expires, my wife must stop work.


I was advised that I would hear from them in 2 weeks at the most. And the another officer said 6 months. Then I pointed out to them that I did ot have 6 months to sit and not earn and that this was an extension application and I have provided all they requested. I was not given a letter or a ref, nothing at all.


Thanks

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

1. In respect of either your visa or your wife's visa expiring this is incorrect, the home office state the following :

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

Please see following link and scroll down to the bottom of the page :

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/extending-stay/

Your permission to remain in the uk will automatically be extended by virtue of paragraph 3c as you submitted your application prior to your current leave to remain expiring therefore there was no need for your wife to leave her employment.

2. In respect of trying to expedite the application, because you have submitted documentation from outside of the uk this causes the home office a lot of issues, simply because they need to make checks with foreign banks etc the reply takes longer than it would if you submitted documents for banks inside the UK.

The home office should have provided you with a reference number allowing you to write to them incase of an emergency. This is a classic mistake on behalf of the home office.

What is happening write now is that the home office have written or telephoned Nigeria (a high risk country in the eyes of the home office ) and asked them to verify your documents. They now have to wait for a reply from Nigeria before making a decision on your application. This could take weeks or months depending on when the checks are returned to the uk.

The fact is that if you ask for the case to be expedited you would need your reference number to identify your case, which was not given, in addition if you are for the return of your documents especially the passport the home office will only do this if you withdraw your application or in family bereavement situations. In any event you do not have a reference number, a mistake of the home office, and are unable to correspond with them.

You may use the following link to try and ask the home office to expedite your matter and also for the return of your passport, but make it clear why you want to the passport returned and that you do not want your passports returned at the expense of withdrawing your application :

http://www.ukba.homeoffice.gov.uk/aboutus/contact/return-of-documents/

I am sorry but due to the home office mishandling your case your options are limited to doing the above or just waiting.

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 question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hi,
Thank you for your response. My wife and kids have not yet submitted their application. They were hoping to do a postal application as soon as I get my response(we were of the opinion i would get a response on the same day) so as we speak my dependants are still in possession of their passport.So what can be done. We do not want to risk £6000 and then be refused on the basis that the main applicant has not been approved.


Will I be making a vaid case for the expedition? given our situation.


Many thanks

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

I always advice my clients to have a back up plan and in your case what you did was take a very big risk without knowing the consequences. What would happen now is that unless your dependents submit am application within 28 days Amy application they make from inside the uk will automatically be refused.

Therefore your application must never decided within 28 days otherwise your dependents would have to return to Nigeria and then reapply from there. They are currently overstayers and therefore committing a criminal offence by being in the country they should submit an application as soon as possible and then if you get your visa submit a copy of it thereafter.

The reasons you have stated would not be sufficient to expedite your matter. This is because you have put yourself in this situation, your family are free to leave the uk or submit a new application, but your. Leave to remain has been extended and therefore the home office would not unfortunately expedite your matter on the basis you have mentioned. You can try the reasons you have mentioned using the link I have already given but it is very unlikely.

I am sorry if the advice given is not what you wanted to hear.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi


Many thanks for your response. Can you please confirm if we are able to get a visitor visa(6 months) from within the uk.This is to give us enough time to tidy up our finances.sell our property etc in the event that we decide to return to Nigeria, the whole family.


 


Kind regards

Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.


Hi


Thank yo for your response. Do you offer phone consultations?

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