Tier 2 Visa - Rejected - Admin review submitted

[AJo-04]

We had applied for a Tier 2 Visa which has been rejected due to the following reasons:

 On 09th October 2019, you were included as a dependent partner on a Leave to Remain application under Family / Private Life 10 Year route. This application was refused on 27th November 2019 with an Administrative Review. You have declared this refusal on your current application. You submitted an Administrative Review on 12th December 2019. On 11th June 2020 our decision was maintained. You voluntarily departed the UK on 21st July 2020. You overstayed for 39 days.
 You are subject to a 12 month re-entry ban from the date you last left the UK, i.e. on 21st July 2020 Your re-entry ban will expire on 21st July 2021.
 Your application is therefore refused under paragraphs 320(7B) (a) and 245HB (a).

A bit of a background on our situation:
Prior to this our T5 Entrepreneur visa had expired on 09-Oct-19 after which we applied for a LTR PL application based on advice from our barrister as the business had to be sold due to exceptional circumstances and was not eligible to apply via the ILR route. This was rejected (which the case worker has outlined above) following which we appealed the decision. The decision was maintained in court and then we have further appealed on the 22-Jun-20 to the Upper Tribunal (which the case worker has NOT mentioned above).

Meanwhile my wife's employer agreed to sponsor her on a T2 visa and we were asked to make an application from our home country(India) as the previous visa expired in Oct-19. Based on the reasons stated in the rejection, my wife's employer’s lawyer deemed this as a totally unacceptable reason to reject the visa as we were unable to travel due to the pandemic and travel restrictions. He has submitted an admin review on 09-Sep-20 giving UKBA details of our Appeal to the Upper Tribunal and that we were unable to travel due to the Covid-19 restrictions/lockdown.

Can anyone please share some thoughts on our situation? Id like to think we have done the right thing via admin review submission as everything rests on this decision. (i.e. My wife's work, my business and my children's schooling etc).

Thank you for your time.

[Zerubbabel]

I am just trying to understand your situation.

- Your wife applied for Tier 2 visa from within the UK
- You applied as her Tier 2 dependent

Previously to your application for Tier 2, you had applied for ILR and that ILR was refused with a pending Upper Tribunal appeal.

Is that correct?

From reading your post, I struggle to put thing in the correct order.

Was also your wife refused or only yourself as a dependent?

[AJo-04]

Hi,

Thank you for your reply.

We were on a T1 entrepreneur visa which expired in Oct19 and our ILR application was rejected and was further appealed and rejected in Jun20. We then submitted an appeal to the Upper tribunal and awaiting a decision.

Meanwhile, my wife’s employer agreed to sponsor her and myself and the kids as dependants in Mar20. We contacted HO and were informed that we would have to apply from our home country due to our visa expiring in Oct19. We made plans to travel however due to the lockdown and COVID restrictions were unable to do so until Jul20. We applied from India in Jul and were rejected due to overstaying (39 days).

We have now submitted an admin review providing UKBA details of our appeal to the Upper tribunal which was submitted in time and also that we were unable to travel due to the pandemic and restrictions on travel, etc.

I’d like to know if UKBA are correct in refusing our application on the basis of overstaying and if we stand a good chance of theirs decision being overturned in the admin review. We are extremely worried.

[AJo-04]

Hi,

We received an update today from the admin review team as follows:

You applied for entry clearance to the United Kingdom under Tier 2 of the Points Based System. Your application failed to meet the qualifying criteria and was refused on 24 August 2020 Your request for Administrative Review was received by this office by on 09 September 2020.

Having reviewed your application including the representations made by you in your administrative review, I am satisfied that the decision to refuse you entry clearance needs to be reassessed.


Your application has been sent back to the original case working team for reassessment. They will make a new decision on your application and inform you of the outcome. If your application is refused you will be entitled to apply for a fresh administrative review of the decision.

The decision making centre where your application is being assessed will be in contact with you regarding the new decision.

———————————————-

We are hoping this will now lead to a positive decision.

[Zerubbabel]

That's a good news for you. Hope the outcome is positive this time.

Please update us as this would be very useful to assist other members.

[bp90]

Hi AJo-04,

How did the rest of your process go? How long did it take to hear back from the original caseworking team to reconsider your application?

My partner is in the same process now and we have heard nothing.