Tier 2 - Biometric Enrollment Letter - Please Help

[bwoodlt]

I applied for Tier 2 General application 2 days before visa expiry. Just one week after I received a Biometric Enrollment letter.. After reading lots of comments on this forum, I decided to buy some time with the hope they'll send me 2 reminders before rendering my application invalid. It turned out UKBA only sent me one reminder for Biometric Enrollment before rejecting my application as invalid. Knowing that my current visa expired July, what are my chances? In the rejection letter sent, it says I could make a FRESH application.

Could someone please advise on how to proceed with this?

Thanks for your help everyone

[manci]

quote exactly what is in the rejection letter.
Do you have a CoS?

[bwoodlt]

quote exactly what is in the rejection letter.
Do you have a CoS?

Thanks for your comment. As requested, please see below:

Thank you for your attempted application for leave to remain in the United Kingdom. For the reason set out below we are returning the application below because it is invalid. Please read this letter carefully to ensure that you understand how to make a valid application.

Reasons why the Application is Invalid

Your application must meet the rquirements of paragraph 34A of the Immigration Rules (HC395), as well as the Immigration and Nationality (Fees) Regulation and The Immigration (Biometric Registrations). The relevant requirements are listed below and a cross in a box below shows that you have not met the requirement.[/]

You must attend at a participating Post Office, to provide your biological and biometric information, by the dates specified in any subsequent notification we send you following receipt of your application, or as otherwise agreed by us.

Your application is Invalid because it does not meet one or more of the above requirements and we are therefore returing it to you. We have placed a cross (the bolded part) in the paragraph above to show which requirement you have not met.

We sent you a letter on 15 July and a reminder on 15 August 2013 stating that you must attend a participating Post Office, for you to provide your biometic information as part of your application for leave to remain in the United Kingdom. Our records show ythat you have not attended a participating Post Office within timescales stated in the biometic notification letter and you have not provided a reasonable explanation for this, therefore you application is invalid.

They then stated how I could make a new/fresh application and to ensure appropriate supporting letter is included. They also highlight that if I got refused on my new application that I have no right of appeal.

We re-applied for CoS 3 weeks ago after being refused initially. I strongly believe we should hear back from the Home Office in 2-3 weeks regarding this as my employer are currently pushing for it.

Thanks for looking into this.[/b]

[manci]

As you submitted your application in-time you are only an overstayer from the date that you received the notice of invalidity. Overstaying up to 28 days is ignored, so you can re-apply within this 28 day period.

We re-applied for CoS 3 weeks ago after being refused initially. I strongly believe we should hear back from the Home Office in 2-3 weeks regarding this as my employer are currently pushing for it.

Presumably you mean that your prospective sponsor's licence application has been refused for some reason and they have re-applied.

[bwoodlt]

As you submitted your application in-time you are only an overstayer from the date that you received the notice of invalidity. Overstaying up to 28 days is ignored, so you can re-apply within this 28 day period.

We re-applied for CoS 3 weeks ago after being refused initially. I strongly believe we should hear back from the Home Office in 2-3 weeks regarding this as my employer are currently pushing for it.

Presumably you mean that your prospective sponsor's licence application has been refused for some reason and they have re-applied.

Yes, you're absolutely right regarding the above.

Does that mean I can send off my new application without the CoS and I believe before UKBA send the 1st or 2nd Biometric Enrollment letter, we should have received and if not, we'll write them a cover letter after the 2nd enrollment letter to let them know we are still waiting for CoS.

Does the above make sense? Please correct me if wrong.

Thanks!

[manci]

Note that you no longer have section 3C leave and as an overstayer you are not allowed to work / to be employed.

[bwoodlt]

Note that you no longer have section 3C leave and as an overstayer you are not allowed to work / to be employed.

Does that mean I can't make new applications or ?

Please explain

[manci]

to repeat:
you can re-apply within 28 days of receiving the notice of invalidity but you cannot work at present.

If by any chance you are currently employed by your prospective sponsor and the HO visit them before deciding their licence application the chances are that their licence will not be granted.

[bwoodlt]

to repeat:
you can re-apply within 28 days of receiving the notice of invalidity but you cannot work at present.

If by any chance you are currently employed by your prospective sponsor and the HO visit them before deciding their licence application the chances are that their licence will not be granted.

Many thanks!

[bwoodlt]

@manci

Glory to God!!! I got my Visa today. Still waiting for the BRP card but received my visa approval letter and documents.
Thanks for your help.
God Bless!