We have received brilliant news this week that our client’s appeal against the UKBA’s decision to refuse her Tier 1 (General) application was allowed by an Immigration Judge.
The application was refused on the grounds that our client had not provided two pieces of evidence to demonstrate her previous earnings which is a requirement for Tier 1 (General) applications, namely both her bank statements and pay slips to cover the earning period claimed. In addition, our client has produced a transcript for her degree rather than the original degree certificate.
Of course, our client had obtained a degree although this was hanging on her mother’s wall in a different country at the time she made her application(!). She was also able to demonstrate that she had earned the salary as claimed but had simply not submitted her bank statements with the application. We were instructed with respect to the appeal and having prepared a strong case, with documents proving that our client met the Immigration Rules at the time of her application (Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719), the Immigration Judge allowed her appeal on the day.
Appealing the decision was important for our client to remain in the UK lawfully; had she decided not to appeal against the decision and submit a fresh application, she would not have been able to work in the UK lawfully. If you have had an application refused by the UKBA, you should carefully consider appealing against the decision and ensure you lodge your notice to appeal in time!
Hello,
I am indeed thrilled that the appeal was successful!!! Congrates..
I have equally applied for a switch from a post- study into tier 1 general category which was refused on the grounds of income because I was claimng income from UK and ouside UK- Nigeria. It was declined and the uplift ratio not applied. I was told I cannot appeal because of the number of months I have on my visa. Do you think there is still time for me to appeal the case as my visa is running out end of November?
Pleasse do help…
Recently i apply ed for tier 1 general on the 5th of April 2011.under post study work which is expired on the 17 April 2011.now my application is still in process. the home office make a dought of my application due to my previous college London college of professional studies.as i gene y studied and get PGD diploma from there and get psw.now the home office send me a letter for attending interview. and also write down if you did not attend this interview we refused your application under paragraph 322 immigration ruls hc395.if they refused myy application could they give right of appeal.