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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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i came uk 2009 by tire 4 visa then this year April i applied

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i came uk 2009 by tire 4 visa then this year April i applied for tire 2 skill worker and i got refuse and i didn't appile against this result . was thinking to re-apply on student visa but in this time i received a latter and its says , my tire 2 application is successful and it came with a biomatic card (expire 2016) . then 1 month later, i try to get a job then the employer when they check my visa status they find out my BPR card is not valid. then i posted it to ok,,, still i didnt receive any ans from them ,,,





they i did contact with ukba croydon office and they transfer me to Sheffield and i told them every thing and ask them what i do now .,,,,





then ans me ,,,



Dear Mr Chowdhury,



This email is in response to your query regarding what steps you should take following the refusal of your Tier 2 application.

Following consultation with my superior I have to inform you that we are not in a position to advise you on what steps you should be taking next.

We can only suggest you to seek advice from an immigration advisor or a solicitor and they will advise you on the right course of action to take.



Thank you.
Mohamed Ruslan

TMT 16

Home Office

Vulcan House Iron

Sheffield

and ukba still got my passport,,,,

please tell me what shoud i do now ,, my tire 4 visa has been expire April 2013


and when i receive 1st refusal latter from ukba ... they said (another dicision has been made to remove you from uk) after this i receive visa successfull latter ,,,,and now i am trying to apply again ,, is that ok>>>>
Hi,

You applied for a Tier 2 sponsored skilled worker visa. You received a letter stating that you were refused.

You were planning to make a further student visa application, but before you were able to you received a separate letter from the UKBA stating that your original Tier 2 application was successful and enclosing your BPR card with new leave to remain under Tier 2 until 2016.

Is this correct?

Tom
Customer: replied 3 years ago.

yes , then i did contact with ukba and they said that bpr card is not valid ,, so i sended to them again,


 


then i did contact with ukba croydon office and they transfer me to Sheffield and i told them every thing and ask them what i do now .,,,,


 


and they send me this email


 


This email is in response to your query regarding what steps you should take following the refusal of your Tier 2 application.

Following consultation with my superior I have to inform you that we are not in a position to advise you on what steps you should be taking next.

We can only suggest you to seek advice from an immigration advisor or a solicitor and they will advise you on the right course of action to take....


 


 


 


 

Right.

When does or did your previous Tier 4 visa expire please?

Tom
Customer: replied 3 years ago.

yes tire 4 ,,2 month ago ,,and invalid tire 2 , 2016

Okay.

Do you still have the second letter stating that you were sucessful and enclosing your BPR card?

Did you keep a photocopy of the BPR card showing that leave under Tier 2 was granted until 2016?

Tom
Customer: replied 3 years ago.

yes i got

Hi,

Drafting your answer now. 5 mins.

Tom
Hi

Thanks for your patience.

If what you have described has actually happened then it really is a very big mistake by the UKBA.

The UKBA are correct in that they are not there to advise you, so you will probably need to speak to a solicitor in the normal way to see if there is anything you can do.

My view is that they are effectively saying that the first rejection letter was the correct letter and correct decision and that the second letter was incorrect and the BPR should not have been sent.

Although they sent you the BPR card with it updated with leave to remain this appears to be incorrect since your Tier 2 employer advised that it was not valid from their records. Unfortunately, although it is an astonishing mistake it does not really change your immigration status.

However, I would say that you would now be able to use this as an argument for which you should be permitted to apply out-of-time for another visa. You would effectively be arguing that because of their mistake you thought you had further leave to remain and were not required to make another application. Therefore, you should argue that you should be allowed to make a further application now.


What I don’t think you will be able to do is hold them to the further leave to remain that was stamped in the incorrect BPR card.

You may consider instructing a solicitor to argue your case for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Customer: replied 3 years ago.
i am thinking to apply for tire 4 visa
Hi

Well, I would certainly instruct a solicitor to correspond on your position before spending any money on it first.

Please rate my answer.



Tom
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