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Wednesday, 17 June 2009

Appealing a Refusal of Indefinite Leave to Remain in UK

If an application for indefinite leave to remain in the UK is refused by the UK Border Agency a written notice will be sent to the unsuccessful applicant. This written notice will:

* Explain the UK Border Agency’s decision; and,
* Inform the applicant whether or not they have the right to appeal.

If the applicant does have a right of appeal, the written notice will give information about the appeal process that the unsuccessful applicant may follow. If there is a right of appeal the applicant will also be sent the form which they should use if they decide to appeal the decision.

Not all unsuccessful immigration applicants will have the automatic right to appeal the decision.

The Asylum and Immigration Tribunal
Appeals against decisions by the UK Border Agency on immigration applications are made to the Asylum and Immigration Tribunal. The Tribunal also hears appeals against decisions made by overseas consular staff on visa applications made abroad. The Asylum and Immigration Tribunal is appointed by the Lord Chancellor and is independent of any government bodies. Appeals may be heard by one or more judges, who may sometimes hear an appeal together with non-legally qualified members of the Tribunal.

The Asylum and Immigration Tribunal conducts hearings at a number of centres throughout the UK. Appellants may be legally represented and the UK Border Agency will be represented by a lawyer. In some cases, after an appeal, either side may be entitled to request a reconsideration of the Tribunal’s decision.

If an unsuccessful applicant decides to get legal advice about whether to appeal a decision by the UK Border Agency they should ensure that the lawyer they consult is regulated by the Office of the Immigration Services Commissioner (OISC). The OISC website has a list of all regulated lawyers, who will be able to provide appropriate advice about the appeals process. All lawyers regulated by the OISC will display their logo.

Appealing a Decision by the UK Border Agency
All appeals must be made within the time limits set out for appeals. If an appeal is sent to the Asylum and Immigration Tribunal after the time limit has expired the Tribunal may refuse to consider it.

Appellants may appeal on any of the grounds available to them. If applicable, applicants may always appeal on the basis of racial discrimination or a breach of their human rights. Other grounds for appeal may be that the UK Border Agency made a decision that contravenes the immigration rules or the law. If a decision involved the discretion of an immigration official an appeal may be brought on the grounds that they exercised that discretion incorrectly.

An unsuccessful applicant with a claim to refugee status may have the right to appeal if the UK Border Agency decides to deport them.

Applications Where There May be No Right of Appeal
Unsuccessful applicants will have no right of appeal if:

* Despite the UK Border Agency’s decision they still have the right to remain in the UK; or,
* The application for indefinite leave to remain was made after the applicant’s permission to be in the UK had already expired.

Applications with Limited Rights of Appeal
Some unsuccessful applications will only have limited rights of appeal. There are a number of reasons why an applicant might not have full rights of appeal. Applicants may have limited rights of appeal if, for example:

* They did not satisfy any of the criteria for an application for indefinite leave to remain; or,
* They do not possess all of the necessary immigration documents to support their application.

Extracted from Aboutimmigration.co.uk
*Information is extracted from other web site for self reference only. We are not responsible for any material posted. You can file a complaint here.

Monday, 15 June 2009

General Tier 1 approved In Record Time (success story Tier1-0008)

This story is based on one of the applicant of Tier 1 (General)

'Hi Friends,

I am very happy to share the news that my Tier 1 (general) visa is approved by HO in less than 15 days. This really came as a big surprise as I was not expecting anyting before 4-5 weeks.

I thank all the people sharing their views, experiences and exaplainations on this forum. All this info helped me a lot in completing my application.

Some of my application details are as follows:

Date application was posted: 26/05/2009
Application received by HO: 27/05/2009
Fees debited: 28/05/2009
Ackd letter received: 30/05/2009
Documents received: 11/06/2009
Visa approved on 09/06/2009

I was holding IGS valid untill 28/05/2009. The points claimed and documents I provided are listed for information of new applicants.

Attributes section : 80 points
Qualification: PhD 50 points
Previous earnings: April 2008 - March 2009 period (20 points). I showed earnings only from one source.
Age: 5 points
UK experience: 5 points
English requirement : 10 points (degree taught in English: UK qualification)
Maintenance funds : 10 points

Documents submimtted:
1) Original degree certificate
2) Original pay-slips (12 months) + p60 for the tax year
3) Bank statements (12 months for earning) + latest 3 months for maintainance funds (I had only one current account having the required funds for me and my wife (dependent); I have maintained a minimum of £ 1350 in this account from 25/02/2009 to 26/05/2009). I got last months statement printed + stamped from HSBC just before posting the application.
4) Supporting documents: A letter from my present employer stating my emplyment start date and present gross annual salary.'

This story extracted from UKResident.com
*Information is extracted from other web site for self reference only. We are not responsible for any material posted. You can file a complaint here.

Sunday, 14 June 2009

Naturalization can been refused because of the following offence

Unspent convictions in respect of the following offences should not normally be disregarded, irrespective of the severity of the sentence imposed:

• offences involving dishonesty (e.g. theft, fraud)
• offences involving violence
• offences involving unlawful sexual activity
• drink-driving offences and driving whilst uninsured or disqualified or whilst using a mobile phone.

Extracted from UKResident.com
*Information is extracted from other web site for self reference only. We are not responsible for any material posted. You can file a complaint here.

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