Tier 2 extension refused and re applied

[sahidpatel22]

Hi All

Hope you all having a good time.

I am a bit confused on my visa application. If anyone can help me please really appreciated.

Basically my visa expired on 30/06/2017.

Situation 1 : 1st Application for an extension on 07/06/17 (in time application) which was rejected due to salary shortage, decision came on 01/08/17 and recived only decision letter by post on 16/08/17 (no other documents). And applied for administrative review on 17/08/17 (just to buy a time to make fresh application).

Situation 2 : While my administrative review was in process i reapplied with new COS with correct wages on 07/09/2017. Is this application is in time or invalid ?

Situation 3 : my employer received a letter saying I may not be allowed to work due to visa application has been made after visa expires. so they did employer Check and it came nagative on 13/10/17. Now I am not working.

Now the question is do I need to ask for P45 from my employer if yes then from which date. Or Do I need to put my wages on hold on my employers payroll. In both situations I am not working but just a bit confused about issuing P45 or not .

AND ALSO ITS BEEN 8 WEEKS I HAVE NOT HEARD ANYTHING REGARDING MY APPLICATION IS IT STILL PENDING BCZ OF P45 ?


Please guide me with best knowledge and experience.

Thank you

[CR001]

You should have waited for the admin review to conclude as you had section 3C protection. The moment you submitted a new application with AR still in progress, AR will have been withdrawn automatically and your Section 3C ending. Your new application is therefore out of time as you submitted it more than 14 days after your last visa expired and refusal received.

You cannot work but do not need to ask for a P45. Just wait for your application outcome.

[sahidpatel22]

You should have waited for the admin review to conclude as you had section 3C protection. The moment you submitted a new application with AR still in progress, AR will have been withdrawn automatically and your Section 3C ending. Your new application is therefore out of time as you submitted it more than 14 days after your last visa expired and refusal received.

You cannot work but do not need to ask for a P45. Just wait for your application outcome.

Immigration Rules part 1: leave to enter or stay in the UK
General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39D).

Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.


Can you please explain above 39E2(iv)

[sahidpatel22]

got my visa granted

[mastenfr]

got my visa granted

Congratulations !! Out of curiosity, could you explain why your first application was rejected (salary shortage??) in more detail if you don't mind? It would prove to be a valuable learning experience for others.

[sahidpatel22]

You should have waited for the admin review to conclude as you had section 3C protection. The moment you submitted a new application with AR still in progress, AR will have been withdrawn automatically and your Section 3C ending. Your new application is therefore out of time as you submitted it more than 14 days after your last visa expired and refusal received.

You cannot work but do not need to ask for a P45. Just wait for your application outcome.

Hi just wanted to ask regarding this topic as you said I dont need to ask for a P45 and i didnt ask for it.

But i wasn't working for 3 weeks (from 13/10/17 when my employer revived letter from HO saying i may not allowed work to 07/11/17 received a decision letter ).

can i ask for a holiday pay for them 3 weeks ??

[CR001]

Not an immigration matter. You will need to speak to your employer.

[A871SAR]

Hello,

I would like to seek your advise as I am exactly in the same situation which were in. I received my refusal letter this morning based on salary criteria which didn’t match the working hours.

My questions:

1)When you filed 2nd time did you pay for Health Surcharge fee? Or did you put the old HS reference.
2)If I File with in 14 days can I go for same day service?
3)I have 2 dependents on my application do I have to pay for them as well for reapplying application fee as well as HS fee?

Can you please suggest me ASAP.

Many thanks.

[sahidpatel22]

Hello,

I would like to seek your advise as I am exactly in the same situation which were in. I received my refusal letter this morning based on salary criteria which didn’t match the working hours.

My questions:

1)When you filed 2nd time did you pay for Health Surcharge fee? Or did you put the old HS reference.
2)If I File with in 14 days can I go for same day service?
3)I have 2 dependents on my application do I have to pay for them as well for reapplying application fee as well as HS fee?

Can you please suggest me ASAP.

Many thanks.

Hello,

Sorry to hear that, hope the following information helps, do not heisted to ask if you need further info.

Answers:

1. Yes you have to pay Health Surcharge again for All of you and your dependent. old surcharge will be refunded when you make a fresh application.

2. Yes i would prefer same day as i didn't go for same day received my BRP and Visa after 8 weeks but its hectic and stressful to wait 8 weeks (please note - if your visa expired you cant work during your second application process)

3. Yes, Making a fresh application means you need to do absolutely everything that you did on your first application in term of fees and health surcharge and new COS.

Thanks

[A871SAR]

Jazakallah Khair,

Like you said I could apply for same day service However,can I make my dependent app thru post?

Howlong will it take to Generate a new CoS?

Also if I apply within the 14 days time you saying I still can’t work?

[A871SAR]

Hello,

I’m still waiting for an answer to my last question can anyone please shed some light on it please.

Many Thanks.

[CR001]

Hello,

I’m still waiting for an answer to my last question can anyone please shed some light on it please.

Many Thanks.

Quite rude to 'bump' your question in a topic that is not even yours.

Please continue your questions in your own topic.