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Tie2 ICT Visa application while settlement visa refusal appeal

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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NL2UK
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Tie2 ICT Visa application while settlement visa refusal appeal

Post by NL2UK » Tue May 01, 2018 9:57 pm

Team,

My settlement visa got refused today. While I apply for the appeal, can you please let me know if I can parallely apply for Tier2 ICT visa via my employer?

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Djsuccess
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Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by Djsuccess » Tue May 01, 2018 11:38 pm

NL2UK wrote:
Tue May 01, 2018 9:57 pm
Team,

My settlement visa got refused today. While I apply for the appeal, can you please let me know if I can parallely apply for Tier2 ICT visa via my employer?
What was the reason for the refusal? It will be helpful if you provide more information so you can get the right help.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by CR001 » Wed May 02, 2018 9:34 am

Djsuccess wrote:
Tue May 01, 2018 11:38 pm
What was the reason for the refusal? It will be helpful if you provide more information so you can get the right help.
See post from Family Immigration sub forum with reasons for settlement visa refusal.

immigration-for-family-members/spouse-s ... l#p1629284
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

NL2UK
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Posts: 37
Joined: Wed Feb 07, 2018 7:42 pm
India

Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by NL2UK » Wed May 02, 2018 3:08 pm

Djsuccess, CR001,

Thank you for your responses so far. Can you please help me with query? Can I appeal and in the meantime also start ICT Visa application via my employer?

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Djsuccess
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Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by Djsuccess » Thu May 03, 2018 7:11 am

NL2UK wrote:
Wed May 02, 2018 3:08 pm
Djsuccess, CR001,

Thank you for your responses so far. Can you please help me with query? Can I appeal and in the meantime also start ICT Visa application via my employer?
You can only have one application at a time. If you appeal the refusal of your spousal visa and then apply for ICT, your appeal might be cancelled. You should only apply for ICT if you have decided not to appeal the refusal from the other application or if your appeal is also rejected.
If your relationship is indeed genuine, I would imagine that you should make an attempt to clear the doubt UKVI has about you instead of jumping to ICT immediately. UKVI might not accept additional documents during the appeal (if they do, then you will the opportunity to provide more evidence to show that your relationship is genuine). It might be a better idea to submit another application with all the evidence/ proofs of a genuine and subsisting relationship. In my opinion, not appealing or making another spouse visa application could mean that you accepted that your relationship is not genuine.

However, if you are still in doubt, then maybe you want to go via the ICT. But again, it might raise a suspicion if you apply for ICT immediately after spousal visa rejection.

These are my personal opinions. You can wait for more responses from others
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

NL2UK
Newbie
Posts: 37
Joined: Wed Feb 07, 2018 7:42 pm
India

Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by NL2UK » Thu May 03, 2018 8:17 am

Dear Djsuccess,

Thank you for the clear explanation. We had been married for last 5 years and relationship is genuine.

The only reason why we wanted to proceed with ICT is urgent requirement of VISA to start a job opportunity I have now from my company. We were hopeful that settlement visa will arrive before April end and I would be travelling to UK to join my husband and also to start job.

Now, after explaining the VISA situation - My company has kindly agreed to sponsor ICT.

We are thinking a scenario -- Once ICT Visa is available (Which we believe should take 15 days once you submit documents)- we can still apply for the appeal for the settlement Visa refusal. We can also justify need of ICT visa in the cover letter which we will send via appeal request.

Can you help me to understand if this approach can help?

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CR001
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Re: Tie2 ICT Visa application while settlement visa refusal appeal

Post by CR001 » Thu May 03, 2018 9:49 am

You can appeal from abroad and submit a new application at the same time.

However, an appeal is unlikely to be successful if you are granted an ICT visa (if it is approved).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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