Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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joy123
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by joy123 » Wed Jan 11, 2012 7:34 pm
Hi Guys,
Could anyone please help me with the following.
My company applied for an Extension to my Tier 2 visa on 4th October 2011 with my previous visa expiring on the 19th October 2011.
On the 21st December, UKBA refused my visa as the CoS used on the application was wrong. They gave me right to appeal or to make a new application.
I re-applied for the extension the very next day i.e. 22nd December 2011 with the correct CoS and the application is currently being considered by the UKBA.
The question i have is that
1) Is the new application now classified as an out-of-time application?
2) Can i continue to work while the outcome of new application is being considered?
3) Would i have to re-do the biometrics again? (i did them in november 2011)
It was an admin error by HR and they corrected it on the new application and i am quite confident that it will get through.
I have looked around for information but am struggling to find the precise answers.
Any help will be much appreciated.
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vinny
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by vinny » Wed Jan 11, 2012 9:38 pm
1. Yes.
2. No.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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joy123
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by joy123 » Wed Jan 11, 2012 10:04 pm
vinny wrote:1. Yes.
2. No.
Thanks for your reply Vinny. Could you please explain why is that the case (i.e. can't take up employment) and what could be it its implications on my future ILR application. I have 2.5 years more to go. Also do u know, if i would need to do the biometrics again?
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arsenal49
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by arsenal49 » Wed Jan 11, 2012 11:48 pm
you are an overstayer since the date you were notified of your rejection.... you CANT work when u r an overstayer.
regarding ILR...its upto the discretion of caseworker. caseworker's guidance seem to suggest they will be flexible if an applicant has overstayed just once during last so-many years.
its a whole new cycle. so yes you need to do biometrics again
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joy123
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by joy123 » Fri Jan 13, 2012 5:05 pm
thanks a lot guys for ur replies. Just another quick question. I am very sure that with the Documents supplied, i should receive the visa as it is exactly what it should be. However, does making a second application (out of time) give them enough reason to just refuse it. Are the time lines for this similar to what they are with a normal Tier 2 application?
P.S i have already received the acknowledgement letter yesterday. Does that mean that the application is valid and will be considered?
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arsenal49
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by arsenal49 » Fri Jan 13, 2012 5:14 pm
out-of-time applications are considered in exactly the same manner as your in-time applications.
have they taken out the money as well?
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joy123
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by joy123 » Fri Jan 13, 2012 5:15 pm
arsenal49 wrote:out-of-time applications are considered in exactly the same manner as your in-time applications.
have they taken out the money as well?
Yes the money went out on the 5th January and they posted the letter on the 9th January and received yesterday 12th January.
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joy123
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by joy123 » Fri Jan 13, 2012 5:31 pm
joy123 wrote:arsenal49 wrote:out-of-time applications are considered in exactly the same manner as your in-time applications.
have they taken out the money as well?
I am just really worried that just because the application was made after the previous visa expired. I have mentioned in the covering letter that the SoC in the CoS was incorrect and it has been corrected in the new application.
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vinny
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by vinny » Sat Jan 14, 2012 12:19 am
245HD(b) permits an out of time
application for
leave to remain.
There's
no right of appeal against a refusal. But that may be
less significant now.
However, lawful
continuous period may be broken.
See also
Another Secret Policy.
Last edited by
vinny on Mon Feb 13, 2012 9:22 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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doc44
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by doc44 » Sun Jan 29, 2012 8:09 pm
Hi Vinny,
Thanks for your advice.
One question re: 28 days stay allowed after visa expiry. 245 HD (b) clarifies
the general grounds of refusal for the applicants applying for entry clearance and leave to enter the UK. I was looking at general grounds of refusal.
Can i apply for tier 2 under the same conditions within 28 days of overstaying in the UK? Thanks.
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khans
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by khans » Mon Jan 30, 2012 8:53 pm
joy123 wrote:Hi Guys,
Could anyone please help me with the following.
My company applied for an Extension to my Tier 2 visa on 4th October 2011 with my previous visa expiring on the 19th October 2011.
On the 21st December, UKBA refused my visa as the CoS used on the application was wrong. They gave me right to appeal or to make a new application.
I re-applied for the extension the very next day i.e. 22nd December 2011 with the correct CoS and the application is currently being considered by the UKBA.
The question i have is that
1) Is the new application now classified as an out-of-time application?
2) Can i continue to work while the outcome of new application is being considered?
3) Would i have to re-do the biometrics again? (i did them in november 2011)
It was an admin error by HR and they corrected it on the new application and i am quite confident that it will get through.
I have looked around for information but am struggling to find the precise answers.
Any help will be much appreciated.
Hi Mate,
Any response on your out of time application. I am in an exactly similar situation. Do you reckon I should go for appeal or make an out of time application except that it was my first Tier-2 application after switching from post study work. My application got refused on 25th of January 2012.
Please reply ASAP.
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joy123
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by joy123 » Tue Jan 31, 2012 8:53 pm
khans wrote:joy123 wrote:Hi Guys,
Could anyone please help me with the following.
My company applied for an Extension to my Tier 2 visa on 4th October 2011 with my previous visa expiring on the 19th October 2011.
On the 21st December, UKBA refused my visa as the CoS used on the application was wrong. They gave me right to appeal or to make a new application.
I re-applied for the extension the very next day i.e. 22nd December 2011 with the correct CoS and the application is currently being considered by the UKBA.
The question i have is that
1) Is the new application now classified as an out-of-time application?
2) Can i continue to work while the outcome of new application is being considered?
3) Would i have to re-do the biometrics again? (i did them in november 2011)
It was an admin error by HR and they corrected it on the new application and i am quite confident that it will get through.
I have looked around for information but am struggling to find the precise answers.
Any help will be much appreciated.
Hi Mate,
Any response on your out of time application. I am in an exactly similar situation. Do you reckon I should go for appeal or make an out of time application except that it was my first Tier-2 application after switching from post study work. My application got refused on 25th of January 2012.
Please reply ASAP.
I have received the acknowledgement letter and have completed my biometrics today. So will now have to wait anxiously for the result.
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khans
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by khans » Tue Jan 31, 2012 9:14 pm
joy123 wrote:khans wrote:joy123 wrote:Hi Guys,
Could anyone please help me with the following.
My company applied for an Extension to my Tier 2 visa on 4th October 2011 with my previous visa expiring on the 19th October 2011.
On the 21st December, UKBA refused my visa as the CoS used on the application was wrong. They gave me right to appeal or to make a new application.
I re-applied for the extension the very next day i.e. 22nd December 2011 with the correct CoS and the application is currently being considered by the UKBA.
The question i have is that
1) Is the new application now classified as an out-of-time application?
2) Can i continue to work while the outcome of new application is being considered?
3) Would i have to re-do the biometrics again? (i did them in november 2011)
It was an admin error by HR and they corrected it on the new application and i am quite confident that it will get through.
I have looked around for information but am struggling to find the precise answers.
Any help will be much appreciated.
Hi Mate,
Any response on your out of time application. I am in an exactly similar situation. Do you reckon I should go for appeal or make an out of time application except that it was my first Tier-2 application after switching from post study work. My application got refused on 25th of January 2012.
Please reply ASAP.
I have received the acknowledgement letter and have completed my biometrics today. So will now have to wait anxiously for the result.
You will get it mate. As far as I know from my lawyer it is considered just like a normal application apart from the fact that all this time you will considered as an overstayer (which may affect your ILR appliation in future) and you will not get the right of appeal in case the decision is not in your favour, but that doesn't matter to you at the moment any way. I am going with the appeal option because I want to avoid the overstayer thing. In case the appeal is refused I can still make an out of one application after that. I confirmed this with my lawyer today.
What about your employer ? Are you still going to be working for them during this time ? Or were you asked not to work for this time ?
Please keep me updated with any progress as I may have to make an out of time application if the appeal doesn't go through.
Lots of positive energy ! Keep up the hopes.
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doc44
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by doc44 » Wed Feb 08, 2012 4:35 pm
Hi Vinny,
an urgent question if you could advise me.
I am waiting for sponsorship license. But has not arrived yet. My visa is expiring in 4 days. I am thinking of applying an extension via FLR (o) and then will vary the grounds of my application as soon as license will arrive.
My question is ' Is it possible to back date the start date on the COS?' If not then how it will effect my current application and future ILR application.
If my license arrives on 20th feb. but my visa is expiring on 14th then can i backdate the start date on COS as 15th of feb other than 21st of feb.
Please reply urgently. Thanks.
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joy123
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by joy123 » Wed Feb 08, 2012 5:24 pm
Hi Guys,
Just a quick update. I have now received my BRP this morning. After all the malarky over the past month i thank god that its now all sorted.
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doc44
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by doc44 » Wed Feb 08, 2012 5:33 pm
joy123 wrote:Hi Guys,
Just a quick update. I have now received my BRP this morning. After all the malarky over the past month i thank god that its now all sorted.
Hi Joy,
Many congrats. Can I ask you some thing re: ur new COS generated once ur visa was refused.
was the start date on new COS backdated to 20th October 2011 or was 22nd december 2011.
Secondly the visa you have got now is valid from 20th october 2011 or 22nd december 2011. Is there any gap between ur previous visa and this new one. Thanks.
I am going through the similar situation at the moment and am confused and worried. Thanks.
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joy123
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by joy123 » Wed Feb 08, 2012 5:42 pm
doc44 wrote:joy123 wrote:Hi Guys,
Just a quick update. I have now received my BRP this morning. After all the malarky over the past month i thank god that its now all sorted.
Hi Joy,
Many congrats. Can I ask you some thing re: ur new COS generated once ur visa was refused.
was the start date on new COS backdated to 20th October 2011 or was 22nd december 2011.
Secondly the visa you have got now is valid from 20th october 2011 or 22nd december 2011. Is there any gap between ur previous visa and this new one. Thanks.
I am going through the similar situation at the moment and am confused and worried. Thanks.
I am not sure if the CoS can be backdated. Mine was issued on the very same day we received refusal letter from UKBA. and my Visa has been issued from the start date on the CoS, i.e. 23rd December 2011.
There is an obvious gap but UKBA has all records and any of future applications, they should have a clear idea of what happened. The gap from 20th October to 21 December is treated as a lawful one as i had already applied for the visa and was awaiting result. 22nd December is the only odd day out as i needed a day to prepare and send an application. But from what i have been told, UKBA should give discretion to that. Rest time will tell.
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doc44
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by doc44 » Mon Feb 13, 2012 8:09 pm
Hi Vinny,
I have an urgent query if you could help.
My visa expire on 11th feb 2012 and I applied for temp extension using FLR (O) before the expiry of my leave. Now my companys Tier 2 License has arrived today 13th feb 2012.
I know that I could vary the already made application before it is decided. Should I wait for an acknowledgement letter from UKBA for my FLR (O) application before varying the application in Tier 2 general extension category?
Should I contact with UKBA team handling my current application?
Lastly, at what address I should post variation request Tier 2 form, address mentioned on the form or to some other address?. Looking forward.
Regards.
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vinny
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by vinny » Mon Feb 13, 2012 9:19 pm
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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rubzye
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by rubzye » Sun Feb 19, 2012 11:32 am
hey joy123.. congratulations that you finally got your BRP... i am still waiting for a reply for my application... i did my Biometric test on the 7th Feb and still have not heard from them... *fingers crossed* hopefully i will get it as well soon.. but really glad that you got it!!
![Very Happy :D](./images/smilies/icon_biggrin.gif)
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lalwani.a
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by lalwani.a » Thu Mar 21, 2013 4:41 pm
Hi Guys, how they gave you visa at second attempt without appealing and even after visa expiry. Was it just a luck factor or is that something in law. Even I got the refusal letter due to inappropriate salary and wrong SOC code in CoS. I got the refusal letter today with option of appeal (also mentioned something line one-time warning don't know what is it?) Because my visa is expired and I can't appeal becuase it was our mistake only option I think is of leaving country and apply from outside with additional RLMT.
Could you share if there is anything I don't know and you lucky guys are aware of any procedure which allow me to make fresh application. Any help will be much appreciated.
Thanks/ Ashok
rubzye wrote:hey joy123.. congratulations that you finally got your BRP... i am still waiting for a reply for my application... i did my Biometric test on the 7th Feb and still have not heard from them... *fingers crossed* hopefully i will get it as well soon.. but really glad that you got it!!
![Very Happy :D](./images/smilies/icon_biggrin.gif)