Tier refused - Reapplication

[party925]

My Tier 2 visa expired on 19/8/2015. I am not doing job as the contract was even earlier than that. My visa was refused and got the refusal letter on 26/8/2015.

I am asking my new sponsor to write the starting date as 15 September 2015. They are insisting on writing the start that of 1 October 2015 on the COS. Will that affect my visa application?

[vinny]

'One cannot make a new application whilst still having section 3C leave'.

Where and in what context? Provide a link.

See also Can you make a new application while awaiting outcome of another application or appeal?

I think that you may make a new application only when section 3C lapses, i.e. when you overstay and the period of overstay is less than 28 days.

[party925]

I am not waiting for appeal or administrative review. This has already been discussed. My question is:

My Tier 2 visa expired on 19/8/2015. I am not doing job as the contract was even earlier than that. My visa was refused and got the refusal letter on 26/8/2015.

I am asking my new sponsor to write the starting date as 15 September 2015 (I am insisting to avoid a long gap in employment/visa). They are insisting on writing the start that of 1 October 2015 on the COS. Will that affect my visa application?

[party925]

Got a new COS for change of employment. I am applying within the country

There is a question in COS:
Does the migrant need to leave and re-enter the UK during the period of approval? Y

It should be no. They have wrote Y. Should I apply online today and ask the sponsor to make the changes tomorrow. Is it allowed. Will it effect my visa application.

Guide please

[party925]

Hello

Is it possible to add Sponsor's note on CoS (obviously by the sponsor) after the submitting the application online. Even documents have been sent.

Thanks

[sanp7]

Yes. The sponsor note can be added anytime till the COS is active. Until the decision is made.

[party925]

Thanks for the reply

So I can ask my sponsor to add Sponsor's notes until the Cos is live even after submitting the application.

When it is is 'used' - Is it after receiving the documents or after biomterics?

[sanp7]

Yes. You can ask the sponsor to add a note.

I think the status will be changed to 'Used' after a decision is made by the home office. irrespective of the decision being positive or negative.

[AmbreenJumma]

Hello,
after reading your post, I wanna ask you for help. I am also in similar problem. As you have mentioned that we cannot make online application if the visa has expired for more than 28 days. And tier 2 visa cannot be made via post. So how can we make a new application?

My tier 4 visa expired on 6th may 2015.
I applied for FLRO on 4th may 2015 because my employers were delaying issuing a CoS. finally when they issued me a CoS, I variated my application from FLRO to tier 2, which was accepted. I was allowed to make tier 2 application. I made a postal application and send it to Sheffield address on 2 July 2015 ( this is the date when I was allowed to make tier 2 application by ukvi). home office took more than 8 weeks to work on my application and on 1st September 2015, they refused my application because my CoS was inaccurate. It was my employers error.

My employers has issued me a new CoS. As per the refusal letter, I can make a new application within 14 days or go for a administrative review. I have decided to make a new application with new CoS. my employers has provided me with a letter in which they have accepted their error as well.

The problem is, I cannot make online application. As soon as I write that my visa expired on 6 May 2015, the web page indicates, I cannot make an application because my visa has expired for more than 28 days. I called UKVI and their representative advised me to post the application. I filled out the paper form and posted it to Tier 2 Durham address on 8 September 2015. But today I received my application back from Durham, stating that they no longer accepts tier 2 application via post. They did not even read the cover letter which stated the reason why I am making postal application, they just ignored the fact that I made postal application as per one of the ukvi representative telephonic conversation.

I am so lost. What should I do? My 14 days period will be over on 14 September 2015. I cannot make online application, cannot do it by post, no premium service and no priority service. Where should I go?

Please help

[manci]

@AmbreenJumma
Read sushdmehta's posts on 30 August and 2 September:
http://www.immigrationboards.com/uk-tie ... e#p1236841

Under section 3C you have valid leave until the end of the 14 day period given for the AR, so IMHO that is the date you should give for the expiry of your visa and apply before that date. I'm not sure how the question is asked in the online application but on the paper form (no longer in use) under E1 the box to be ticked in your case would have been: I have leave to enter / remain for a limited period

[AmbreenJumma]

Thanks for your response.
In paper form, there was the option which you mentioned and I ticked it. But home office is not accepting paper form.
Online form asks you the date of your visa expired.. And on my BRP card, it's 6 may 2015. How can I write 14 September 2015 ( the end of 14 day period). Won't they consider it a false answer.

I called ukvi yesterday, the lady on phone asked me send my application to Sheffield address to the case worker who has refused my visa. She also asked me explain the case worker about my situation and the fact that you cannot make online application as the visa has expired on 6 May 2015 in my cover letter. And I have done that. I have now posted my application to case worker.

I am so tensed. The case worker will get post on 14 September 2015, that's the end of 14 day. What if he also sends me back my application.

Please help.

[manci]

Online form asks you the date of your visa expired.

please post the sequence of the relevant questions in the online application

[party925]

What was the specific problem in the COS?
Are you sure new COS is OK?
Do you have your passport? Then you can go in person.

[manci]

@AmbreenJumma
Your paper application may or may not be accepted by Sheffield. The advice the immigration enquiry bureau gives is known to be unreliable sometimes. They have already given you incorrect advice once. The paper application form is only for the premium service. If Sheffield nevertheless accept it the date of application will be the date you posted it irrespective of when they receive it (you hopefully have a Post Office receipt).

If the 14 day period for AR expires tomorrow, and to be on the safe side, make an online application today. The expiry date of your leave is the end of the 14 day period allowed for making an AR request. You haven't posted the sequence of questions on the online form but if there is any doubt about how you answered them send an explanatory letter with the supporting documents.

If your second attempt to make an application on the paper form is also rejected as invalid, and you haven't made an in-time online application, you'll have to leave the UK within 28 days and apply from your home country with a new restricted CoS.

[party925]

I need to clarify few points manci:

- For Tier 2, online application (no more paper application form) is acceptable for the premium in-person service.
- There will be a cooling off period of 12 months if she has to apply from home.

[manci]

I need to clarify few points manci:

- For Tier 2, online application (no more paper application form) is acceptable for the premium in-person service.
indeed - see my post above

- There will be a cooling off period of 12 months if she has to apply from home.
no cooling off for AmbreenJumma as s/he has never had T2 leave

[AmbreenJumma]

Thank u for your replies

I have filled out online application form and saved it but not yet completed, and I have stated my visa end date as 14 September 2015. The next question in the form is.. Do you have the BRP for your current leave... I replied NO in the answer...

The next series of questions are all general questions. After filling out all questions, it has asked me to make a payment. I have not done it so far because I am confused.

I have filled out everything, but the form does not even ask me whether I have been refused a visa before? The form does not even provides me with any column for additional information. What should I do in this case?

What do you advise? Should I make an online application and do payment? Or should I wait for a response from Sheffield. My last tier 2 application which was refused, was also a paper form which was submitted to Sheffield on 2nd July 2015. Last time, Sheffield considered my paper application.
Should I cam. Sheffield department tomorrow and enquire? Or should I make online application?
One more thing, all my original documents are with home office at Sheffield. So I will only be able to provide with photocopies with my new online application

Kind regards,
Ambreen

[AmbreenJumma]

The questions in online application form are as follows
1) what type of resident permit or visa do you have? Tier 4
2) what is ur resident permit/ visa start date? 10/12/2014
3) what is ur resident permit/ visa end date?

On my BRP card it is 6/5/2015, what I write this date, I am not allowed to make application. so as per your guidance, I am writing 14 September 2015.. That's the end of my 14 day after refusal

4) do u have the biometric resident permit?

Options are:
A) yes, I have a biometric resident permit
B) no, I had a biometric resident permit for my most recent leave, but I do not have it now
C) no I did not have a biometric resident permit for my most recent leave

Please advise what should I do?

Regards
Ambreen

[manci]

Try by all means to contact Sheffield today but in the absence of a positive response it is important that you submit the online application while you have leave. Without payment you won't be able to do so (and even if you could it wouldn't be valid) but UKVI should make a refund if they accepted payment twice.

If you know the name of the caseworker his/her email address would be:
firstname.lastname@homeoffice.gsi.gov.uk
Sheffield phone No: 0114 207 3110 (but you may not be able to get through to the caseworker on this number)

As to your item 4) I'm not sure if the answer should be A or B. See what further questions are asked if you put B but if you are not allowed to proceed with the application this way then put A.

You need to send a letter explaining your situation in detail and also that your original documents incl. passport are with UKVI. If you explain everything you cannot be accused of deception even if the answers on the online form are not entirely what UKVI think you should have put. In fact say that you weren't sure what answers to give to some of the questions considering your particular situation.

[AmbreenJumma]

Thank u so much for your reply.
The name on the refusal letter for case worker is written as K.Davies. I don't even know the full name, nor I know if the case worker is male or female. I will try to call Sheffield today..

My 14 days will end today. If I am unable to make online application today? Won't I be given 28 days to leave the country? Can't I make application in those 28 days ?

Kind regards
Ambreen

[manci]

My 14 days will end today. If I am unable to make online application today?

Won't I be given 28 days to leave the country?
yes, you can overstay for up to 28 days (see earlier post above) but you are not allowed to work in this period. As your passport is with UKVI I believe arrangements will be made to return it at the airport when you depart.

Can't I make application in those 28 days ?
no, not for T2 leave, that's why you should apply while you still have leave.

Kind regards
Ambreen

[party925]

Another clarification Manci

One can apply for Tier 2 leave within 28 days of expiry of visa.

[manci]

@AmbreenJumma
Party 925 is correct, you can make an out-of-time application within 28 days of the refusal but if this is also refused you will not get the right to AR and you cannot work while the out-of-time application is pending. That is why you should try to make an in-time application if you can while you have leave.

[party925]

@AmbreenJumma

What have you written in the Passport section of the on-line application?

[AmbreenJumma]

The passport section question is : do u have your passport, or copy of information on the photo Page?

Since I have the copy of information, so I have given all my passport details.

The option was to reply NO. I have previously applied for application in my name and my passport has not been returned.

I personally think, I should edit my answer and select the option.