How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6438
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

i came uk 2009 by tire 4 visa then this year April i applied

Resolved Question:

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>>>>
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
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 1 year 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....


 


 


 


 

Expert:  Thomas replied 1 year ago.
Right.

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

Tom
Customer: replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.
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 1 year ago.

yes i got

Expert:  Thomas replied 1 year ago.
Hi,

Drafting your answer now. 5 mins.

Tom
Expert:  Thomas replied 1 year ago.
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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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 1 year ago.
i am thinking to apply for tire 4 visa
Expert:  Thomas replied 1 year ago.
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
Thomas, Solicitor
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience