Non acceptance of Tier 2 (General) fresh application

[Surjit82]

Hi everyone,
My first application was refused on the ground that the salary does not match job code. I had the option to appeal against the decision. Instead I reapplied with corrected Certificate of Sponsor during the appeal period. Unfortunately UKBA has returned my fresh (2nd) application on the ground that I cannot make a fresh application before expiry of the appeal period (Section 3C/3D). Now they are saying that I do not have leave to remain anymore.

Can anybody advice how I can apply for appeal or reapply?

Thanks,

S

[manci]

insufficient information.
Please copy the wording of the refusal

[Surjit82]

insufficient information.
Please copy the wording of the refusal

"The period to appeal to your previous refusal decision had not ended on the date you submitted this application. We are therefore unable accept this attempted application. As indicated by the T2 SW - General Migrant - LTR Form, Section 3C/3D of the Immigration Act 1971 (As amended) prevents an applicant from making a fresh application whilst an appeal is outstanding or whilst an appeal could be brought. We are therefore returning your attempted application."

[manci]

you had appeal rights for 10 working days after the refusal of your application. During this period you cannot submit a valid application for leave to remain. However, once this period passed you can re-apply within 28 days of the refusal.

Hopefully the 28 days have not passed yet and you can resubmit the application. Your CoS hasn't been "used" so you don't need a new CoS. Up to the end of the 28 days you are an overstayer, i.e. you don't have leave to remain, however, overstaying up to 28 days is disregarded.

Make sure that this time the salary matches the SOC code and the job is NQF level 6 (unless a shortage occupation). If your re-application is refused for whatever reason you will not get appeal rights.

[Surjit82]

you had appeal rights for 10 working days after the refusal of your application. During this period you cannot submit a valid application for leave to remain. However, once this period passed you can re-apply within 28 days of the refusal.

Hopefully the 28 days have not passed yet and you can resubmit the application. Your CoS hasn't been "used" so you don't need a new CoS. Up to the end of the 28 days you are an overstayer, i.e. you don't have leave to remain, however, overstaying up to 28 days is disregarded.

Make sure that this time the salary matches the SOC code and the job is NQF level 6 (unless a shortage occupation). If your re-application is refused for whatever reason you will not get appeal rights.

Hi Manci,

The fact is my refusal letter was dated 03/10/2013 and I got it on 07/10/2013. Now it is more than 28 calender days since the receipt of the refusal letter. I got my second attempted application returned on 22/11/2013. The only way out to me is to file an appeal with an application for extension of appeal period. Can you advice a better way? Thanks.

[manci]

The first refusal of your application was correct because you didn't have the required attributes.

The non-acceptance by the HO of your second application was also correct because it is not allowed to apply during the appeal period.

You did'nt say when your re-application was submitted but it seems that it took the HO a month or more to return it to you as unacceptable and this was the reason why you haven't had an opportunity to submit it again before the 28 days period was over.

It is a tricky situation.

Read p5 of this document:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

There are execptional circumstances when applications submitted outside the 28 day grace period can be considered. One of them is delay by the HO returning documents.

So, one possibility would be to re-submit the application asap with a covering letter explaining that you would have re-applied within the 28 day period had the HO not delayed returning your application and documents.

Perhaps others can also comment.

[Surjit82]

Hi Guys,

I made a fresh application with all correct parameters while my appeal is still pending with a hearing date in May 2014. I made an on line application fresh application on 3rd January 2014. I have not received any communication from UKBA so far about the fresh application. I have not got a letter for biometrics also. I called up UKBA today and they told me that there is nothing on the system about my fresh application. I am really worried as there is no certainty about the outcome and time frame. I am sure I can make a fresh application while an appeal is outstanding. The relevant provision of law is under:
http://www.ukba.homeoffice.gov.uk/polic ... /#header20
[APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the Tribunals Service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the Tribunals Service and this appeal will stop. ]

Can anyone tell me why I am not getting any response (like letter for biometrics) from UKBA even after 1 month of making the on line application?

Does it take a lot of time for such application?

Is there anything wrong with my application or understanding of law? Anybody has got any personal experience? Please share it.

Thanks,

S