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Tier 2 (General) Leave to Remain Denied

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ashahmali
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Posts: 9
Joined: Sun Dec 06, 2015 11:45 pm

Tier 2 (General) Leave to Remain Denied

Post by ashahmali » Mon Dec 07, 2015 12:12 am

Hi I recently got denied a tier 2 visa on the basis that we misreported the number of working hours to be 42.5 instead of 37.5 less unpaid lunch hours, however my sponsor made a call to the home office and was told that I cannot apply for administrative review on that basis because it involves the inclusion of new evidence, he was advised to issue a new COS which means a fresh application that cost me £857 + £20 biometric.

I have now been assigned a new CoS but the length was taken down from the previous 5 years starting October, 2015 to 3 Years starting January 2016.

The application seem straight forward but I thought to myself that if I got legal or an expert's advice perhaps we would have been aware of that mistake, My question here is;

Would this length changes affect my future application?
would it better to have a solicitor make the application on my behalf?
is that even possible?

eefa05
Newly Registered
Posts: 16
Joined: Sun Sep 20, 2015 10:46 pm

Re: Tier 2 (General) Leave to Remain Denied

Post by eefa05 » Mon Dec 07, 2015 1:27 am

I was denied my first tier 2 visa application as well, so I understand the financial loss.
When my employer received the new cos, the length of employment was longer so I do not see a problem with the length of time being different as you are creating a fresh application with a new cos. Mine was issued with no problems. I also had to change the start dates of employment as well since time had passed, which is logical. Remember with 3 years it is only the up to 3 years, so a lower price than 857.
You can always higher a solicitor to help you with the process but you have to be the one to submit the application, sign it etc.
My honest advice is to read the guidance provided on tier 2 visas on the website. The first time mine was denied, I read everything including the guidance for sponsors. all the appendices, how to set up a sms etc. to understand the whole process. It was actually a good thing since the HR department at my work was going to do it wrong again until I actually sent them emails quoting page numbers and everything from the documents.

ashahmali
Newly Registered
Posts: 9
Joined: Sun Dec 06, 2015 11:45 pm

Re: Tier 2 (General) Leave to Remain Denied

Post by ashahmali » Mon Dec 07, 2015 9:21 am

Thanks buddy..

ashahmali
Newly Registered
Posts: 9
Joined: Sun Dec 06, 2015 11:45 pm

Re: Tier 2 (General) Leave to Remain Denied

Post by ashahmali » Fri Jan 08, 2016 11:09 am

Leave to remain has now been granted, even though the period was reduced from 5 to 3 years (Everything else stayed the same) but used premium service.

hope this helps someone.

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