Advice on refused/reviewed Tier 2 Visa - mild panic onset!!!

[ElvishLoremaster2016]

I am helping a friend who is very much in need and trying to find some answers before she is to leave the country - if that is in fact the case. We have two days!

She has worked for 3 years for the same company filling an occupation shortage under section K. The admin in the company send an application to renew in good time, but put the wrong code on the CoS. Mistake only realised on refusal. Review was requested due to mistake, but turned down due to initial mistake. Not questioning the home office policies, but odd that this cannot be rectified under the circumstances. This should have been a simple procedure. Obviously, a new application can be made with the correct certificate (already applied for - due in 3-4 weeks), and this will no doubt be successful. But I am trying to establish the best route, and avoid her having to leave to do so.

I understand that doing so, she cannot work during the interim. From other posts, I can also see that any further contesting of the first application will be withdrawn as a result of a new application. My questions, if someone would be so very kind;

• Should we contest the first application further under the grounds of an administrative mistake? Or would it be futile, and thus write it off in favour of a new application?

• If a new application, being a Canadian national as can stay upto 6 months as a tourist - can she not make an in-country application rather than leave?

My sincere thanks in advance.

[ElvishLoremaster2016]

I have found additional information which steers me to believe that a replacement CoS will require a new application - if someone could corroborate that?

But would still appreciate advice on whether this 2nd application can be done from within UK even though the current visa has expired?

Thanks again to all of whom can assist.

[Casa]

Frontier Mole is best placed to advise on this, but they're not currently online.

[noajthan]

Switching to another category from a visit visa is usually a no-no.

[Casa]

I agree with noajthan. She isn't in the UK as a genuine visitor but even if she was, switching to another category wouldn't be an option.

[ElvishLoremaster2016]

Thanks everyone... but...

Can she not stay whilst the second application is made/decided? This is an extension after all... but the consideration is that her current visa has expired. Must she really return to Canada for 2 months, only to then come back again once the mistake has been rectified??

I can't find this info!

[noajthan]

You asked about applying on basis of being a visitor. I'm fairly sure that won't fly.

[ElvishLoremaster2016]

ok - I understand what you are saying... and she *could* now become a non-working tourist for 6 months.

Admittedly, the first refusal should not have been questioned, and a second application made instead. This would have all been done in time before the current visa expired.

But this is not the case.

...so is it really now that, as a result of the companies admin making this mistake, that she must leave the UK make a second application? She has a few days... can we not make this new application for the tier 2 extension without having to leave? The CoS is pending, but everything is above board and will for sure go through with no question.

She also has a child who will be affected by upheaval of a temporary change of school/curriculum. Also our concern.

[noajthan]

Suggest wait on respected guru FrontierMole to dig into such matters.
Stand by.

[ElvishLoremaster2016]

Ok - will do!

Again - my sincere thanks for your help. It is really appreciated.

[ElvishLoremaster2016]

Last word (to show that I have done my homework!), I feel the answer lies in the "section 3C" somewhere. Provided we can get the correct certificate number on time, another application should be submitted under these rules, no?

This will also not affect her potential LTR as and when...

I am writing thoughts here as I hope it will help in the future to others, but if the appropriate gurus could corroborate my findings I would be so so grateful.

[Djsuccess]

pardon me if i didn't read your story correctly
Applications are dealt with according to the information supplied. you have already admitted that putting in a new application would have resolved the issue without wasting time. that's in the past now
Does the company have another CoS to assign? if yes, the best thing to do is to apply immediately. you have 2 days and the application can be made on the day the current visa expires so that it doesn't count as over stay.
people are usually allowed to work if their application in being processed.

The continuity count towards ILR might be affected if the current visa expires before the new one is made.

Not entirely sure about this. I hope the gurus in the house can help.

As much as I know, if you can submit another application within the next 2 days they you are fine.

[Frontier Mole]

Sorry about the slow reply... The shock of weekend sunshine

Solutions

Do not apply for a visitor visa, you can't do it in the UK in any event. It would be a trip out of the UK to return. If you use this route you actually make things worse because the future extension of the tier 2 would cease as they would have to apply from outside the UK with a restricted COS etc etc. Which will be in a year time because of the cooling off period. So under no circumstances leave the UK at this time.

Best option... Sit tight they have 28 days grace period after visa refusal date or visa expiry date whatever is the latter before they become an overstayer. They can't work but that will give her employer the time to get another COS so she can apply again. New application with fees etc etc... They can't escape that. I am assuming her Sponsor does not have any COS on hand?

The employer could try to speed up the COS allocation by speaking to UKVI. Do not hold out much hope in it doing the job.... But sometimes it can help

If you want to waste money seek to appeal the refusal, it is a futile action, won't achieve anything and won't help her situation either going forward.

[Casa]

@Frontier Mole. Thank you. We'd sent out a search party!

[ElvishLoremaster2016]

Djsuccess - you are absolutely right. But I was not consulted until this late hour. It was left in the "capable" hands of the company. The CoS is due tomorrow, and it has been decided to do a fast track application to show that we are doing everything possible to stay above board.

Frontier - this is really useful info regarding the tier 2 extension, and a very good thing that this such advice was sought beforehand. My friend was all ready to pack up and get out the country! As said above the CoS is due imminently. You are right about appealing the current decision - it would just be seen as trying to buy time - not a good idea in my experience.

Hopefully, application will be in tomorrow and all involved can breathe a big sigh of relief.

Thank you all SO much for your advice. On behalf of us both. As soon as I have some news, I will post.

[ElvishLoremaster2016]

Very happy to report to you all that following the fast track route - and 7 hours waiting at Croydon - that the visa was granted and all is well.

I sincerely hope that this may help others in similar situations in the future.

Again, my thanks to all for the information - very much appreciated.