Jun 062009
 

As I explained in a previous post, one of the items I had to supply for my tier 1 application was proof of earnings; the Border Agency requires two separate documents that prove one’s income.

Because their ‘guidance notes’ are so Byzantine, before I made the application I rang the Immigration Enquiry Bureau to ask for clarification. The conversation went something like this:

Bella: I have here a letter from my employer and a P60 as proof of income. Do those count as two separate documents?

Chappy: Yes, yes they do.

Imagine my surprise, therefore, when on Thursday I received a letter from the Border Agency refusing my application on the grounds that a letter from my employer and a P60 are not considered two separate documents – both being prepared, as they were, by my employer.

After recovering from the Britney marathon, I rang the Immigration Enquiry Bureau on Friday morning. The conversation went something like this:

Bella: I have here a letter from my employer and a P60 as proof of income. Do those count as two separate documents?

Lady: (after putting me on hold to seek clarification) Yes, yes they do.

Bella:. Yes, that's what I was told when I rang this number before making my application. Why, then, do I have a refusal letter here informing me that, in fact, they are not considered separate documents?

Lady: (after putting me on hold again) I must apologise for giving you incorrect information, but as you will see in the guidance notes…

Bella: The guidance notes say nothing of the sort. That’s why I rang for clarification in the first place. You people have given me incorrect information twice now, and according to this letter of refusal, I have no right of appeal or review. You must see that the Border Agency itself is partly culpable for my mistake: what recourse do I have?

Lady: All I can suggest is that you write to the case worker who considered your application and explain the situation.

So I have written to my caseworker, and to my MP, in the hope that they will reconsider the original application if I provide a second document (bank statements) to prove that income, and if they consult their own recordings of telephone enquiries.

Because I cannot make another application. For one thing, I do not have another £820 to spare. (TGS, thank you for your very kind offer.)

For another, the application also requires that one has maintained a minimum bank balance of £800 for three months prior to applying. This was easy to prove when I made the original application; but in paying their exorbitant fee, my balance dropped to £780 – twenty quid below their minimum requirement, meaning that I would need to wait a further three months to achieve that minimum balance and re-apply. Unfortunately, that would mean waiting until September to make a second application, and my current leave expires 31 August.

And for another, for the tier 1 application, one can claim points for age. At the moment, I am 27 and so can claim the maximum number of points. In July, I will turn 28 – and thus lose half of the points I was able to claim for age on my original application.

The upshot is that, unless the Border Agency abandon their bureaucratic impulses and allow a reconsideration, or my MP takes pity on me and does something to assist me, I will no longer qualify to remain in the UK as a tier 1 migrant.

One other possible option is the tier 2 category – a work permit sponsored by my employer. This prospect raises another problem: that of proving that I am a better candidate for the job than any UK or EU national. Considering the specialised job I do, in theory this would be easy to prove. However, in order to prove it, the school would need to show that they had advertised the position with the JobCentre for some minimum length of time. Which, naturally, they did not do, because teachers do not look for jobs at the JobCentre. So the school may not be able to prove my superiority to native Britons and Europeans. The tier 2 permit also, apparently, requires the applicant to get an ID card. I’m not real pleased with the idea of doing that, as one can imagine.

Thus, there is very little I can do at the moment (although my employer and I are investigating the tier 2 possibility), and whether I can remain in the UK beyond the end of August is for the most part out of my hands and up in the air.

I am very irritated that, based on their own incorrect advice, the Border Agency has refused me permission to live and work here, especially since I can clearly support myself and will contribute to Britain’s economic well-being. I suppose those factors are simply not as important to the Government as indulging the bigotries, misconceptions, and protectionist instincts of a small number of the populace.

Some people over at the Devil’s Kitchen have suggested that marriage might be the answer and, having looked into it on a whim, it would seem that taking such a step would indeed take care of the immediate problem. Unfortunately, in reading the Border Agency website and this poor man’s horror story, I see that it would only suffice for two years, whereas the tier 1 application, had it been granted, would have lasted for three. Also, if I’m going to marry anyone, I want it to be for the, y’know, romantic and practical reasons – not because I need a visa. The very idea offends my ego.

Sorry, the comment form is closed at this time.