Out of Time Tier 2 Application

joy123 · Post 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.

Post by **vinny** » Wed Jan 11, 2012 9:38 pm

1. Yes.
2. No.

joy123 · Post 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?

arsenal49 · Post 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

joy123 · Post 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?

arsenal49 · Post 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?

joy123 · Post 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.

joy123 · Post 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.

Post 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.

doc44 · Post by **doc44** » Sun Jan 29, 2012 8:09 pm

vinny wrote: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.

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.

khans · Post 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.

joy123 · Post 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.

khans · Post 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.

doc44 · Post by **doc44** » Wed Feb 08, 2012 4:35 pm

vinny wrote: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.

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.

joy123 · Post 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.

doc44 · Post 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.

joy123 · Post 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.

doc44 · Post by **doc44** » Mon Feb 13, 2012 8:09 pm

vinny wrote: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.

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.

Post by **vinny** » Mon Feb 13, 2012 9:19 pm

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