TIER2 TO ILR REFUSED PLEASE HELP

[wewillgetit]

Admin Review is for when HO has made an error in refusing an application and you ask for a review of the decision. AR usually takes 28 days.

As a PBS migrant applying for ILR, there are no appeal rights.

Fantastic thanks for updating me.

[wewillgetit]

Another question here, if my employer grantees in writing that my salary will be matched to 35.5k or backdated from March would they consider this for admin review or I should reapply again?

Thank you again for your help

[CR001]

You cannot submit new evidence for Admin Review. For AR, they only review the documents submitted with your application that has been refused.

[CR001]

When does your current visa expire??

[wewillgetit]

When does your current visa expire??

I got another year to go.

[CR001]

In my opinion, your best option would be to get the salary increase and reapply when you have at least 1 months payslip and matching bank statement.

If you want to do AR for them to review the existing evidence the refusal was based, you can do that if you wish to.

[wewillgetit]

In my opinion, your best option would be to get the salary increase and reapply when you have at least 1 months payslip and matching bank statement.

If you want to do AR for them to review the existing evidence the refusal was based, you can do that if you wish to.

I already had a chat with my employer and they are happy to increase it anyway.
I would want to however challenge the admin review first. I know chances are low but you never know.

I have couple of valid points:

1. I have booked my application well in advanced and before the change has been made!
2. Website still shows the old salary Threshold when going through the option to check for ILR
3. It was only few days old and they should consider 21 days period.
4. my difference for the salary threshold was very close and my application was only few days old
5. Application forms are still referring to 35k which might lead other people to take wrong decision based on information published / provided by HO
6. No communication was made in employers SMS system regarding the change of salary threshold.
7. HO didn't publish / update this change in the main application form but only in the Tier 2 guidance.
8. There are inconsistencies in the application forms / online booking process that still shows 35k salary/

Experts please help if you can think of any other valid points.
Thanks

[CR001]

1. The 'change' has been published for the last 2 years. It was 'suddenly' announced. The date of application is the date of your ILR premium service appointment and not the date you booked your appointment.

2. Likely a minor error. The Immigration Rules Part 6a have clearly been updated a couple of years ago and freely available online.

3. 21 days refers to using the older version of the application form, not a 'leeway' period to avoid meeting a specified requirement from 6th April.

4. Irrelevant, you didn't meet the requirement as stated in the immigration rules.

5. See #1

6. It is the applicants responsibility to make sure they meet the requirements. HO do not inform sponsors by SMS system. As said, the changes were already announced a couple of years ago and was widely report in the press.

7. A minor error. Immigration rules override any forms or guidance notes. Did you not read the guidance notes when completing the form??

8. See #2 and #7

[marcnath]

In my opinion, your best option would be to get the salary increase and reapply when you have at least 1 months payslip and matching bank statement.

If you want to do AR for them to review the existing evidence the refusal was based, you can do that if you wish to.

I already had a chat with my employer and they are happy to increase it anyway.
I would want to however challenge the admin review first. I know chances are low but you never know.

I have couple of valid points:

1. I have booked my application well in advanced and before the change has been made!
2. Website still shows the old salary Threshold when going through the option to check for ILR
3. It was only few days old and they should consider 21 days period.
4. my difference for the salary threshold was very close and my application was only few days old
5. Application forms are still referring to 35k which might lead other people to take wrong decision based on information published / provided by HO
6. No communication was made in employers SMS system regarding the change of salary threshold.
7. HO didn't publish / update this change in the main application form but only in the Tier 2 guidance.
8. There are inconsistencies in the application forms / online booking process that still shows 35k salary/

Experts please help if you can think of any other valid points.
Thanks

As you yourself have pointed out, the chances are low. But you should definitely go for AR - it is not very costly and you have nothing to lose but everything to gain.
#2, 5, 7 and 8 are almost similar and possibly the first argument you would go with. But not that others would make a mistake but just that you followed that.
#6 is also another strong point.
The two above combined with your employer's willingness to increase the salary allows for an argument that a salary increase was expected and you did not realise the need to wait for it based on the various old information.
#3 and 4 are definitely the weakest - HO already knows the difference is small and there is no discretion there.
#1 can be the last argument but it is a weak one too.

Good luck with your AR

[wewillgetit]

In my opinion, your best option would be to get the salary increase and reapply when you have at least 1 months payslip and matching bank statement.

If you want to do AR for them to review the existing evidence the refusal was based, you can do that if you wish to.

I already had a chat with my employer and they are happy to increase it anyway.
I would want to however challenge the admin review first. I know chances are low but you never know.

I have couple of valid points:

1. I have booked my application well in advanced and before the change has been made!
2. Website still shows the old salary Threshold when going through the option to check for ILR
3. It was only few days old and they should consider 21 days period.
4. my difference for the salary threshold was very close and my application was only few days old
5. Application forms are still referring to 35k which might lead other people to take wrong decision based on information published / provided by HO
6. No communication was made in employers SMS system regarding the change of salary threshold.
7. HO didn't publish / update this change in the main application form but only in the Tier 2 guidance.
8. There are inconsistencies in the application forms / online booking process that still shows 35k salary/

Experts please help if you can think of any other valid points.
Thanks

As you yourself have pointed out, the chances are low. But you should definitely go for AR - it is not very costly and you have nothing to lose but everything to gain.
#2, 5, 7 and 8 are almost similar and possibly the first argument you would go with. But not that others would make a mistake but just that you followed that.
#6 is also another strong point.
The two above combined with your employer's willingness to increase the salary allows for an argument that a salary increase was expected and you did not realise the need to wait for it based on the various old information.
#3 and 4 are definitely the weakest - HO already knows the difference is small and there is no discretion there.
#1 can be the last argument but it is a weak one too.

Good luck with your AR

Thank you

[wewillgetit]

could some one advise how I can I send my screenshots and evidences for admin review there isn't any options available online when going through the AR!

Thanks

[marcnath]

could some one advise how I can I send my screenshots and evidences for admin review there isn't any options available online when going through the AR!

Thanks

I don't think you can - new evidence is not accepted in an AR. Type in URLs, clause/paragraph numbers of the relevant sections directly.

[wewillgetit]

I'm not sending new documents it is all about my evidences before my submission date!

[wewillgetit]

Hi All,

I didn't get any legal rep, on the form declaration it was mentioned that HO will let the sponsor know with the result does that mean I shouldn't be expecting a letter and my sponsor will find out the decision?

Some of my documents were hold in HO when I have given the decision.

it has been already 28 days and no updates yet.

Thanks

[wewillgetit]

Could someone advise how long does it take for AR?
on the form it was saying 28 days!

[wewillgetit]

Could someone advise how long does it take for AR?
on the form it was saying 28 days!

Does Weekend count towards 28 days?

[marcnath]

Could someone advise how long does it take for AR?
on the form it was saying 28 days!

Does Weekend count towards 28 days?

I assume the letter only says expected in 28 days or something like that. That is the general expectation, not a hard deadline.

[wewillgetit]

Could someone advise how long does it take for AR?
on the form it was saying 28 days!

Does Weekend count towards 28 days?

I assume the letter only says expected in 28 days or something like that. That is the general expectation, not a hard deadline.

Thank you for the update

Hopefully I can hear from them soon

[wewillgetit]

Hello and thank you for your help on this post.

I had a letter from HO mentioning that my AR was succeeded.

They mentioned that they found the error for the case worker decision they have withdrawn the decision.
they have sent it back to original case working team to reconsider. they will make a decision and let me know the outcome.
it also mentions that if it gets rejected again I am eligible for a fresh AR.

They apologies for the error made earlier in considering my application.

How long I need to wait again?

Thank you

[wewillgetit]

could some one advise how I can I send my screenshots and evidences for admin review there isn't any options available online when going through the AR!

Thanks

I don't think you can - new evidence is not accepted in an AR. Type in URLs, clause/paragraph numbers of the relevant sections directly.

Hello,

Is there any timelines after successful AR? How long I should expect to get the new decision?
Does it make any difference if I had my appointment booked with premium service?

Thank you

[marcnath]

Hello and thank you for your help on this post.

I had a letter from HO mentioning that my AR was succeeded.

They mentioned that they found the error for the case worker decision they have withdrawn the decision.
they have sent it back to original case working team to reconsider. they will make a decision and let me know the outcome.
it also mentions that if it gets rejected again I am eligible for a fresh AR.

They apologies for the error made earlier in considering my application.

How long I need to wait again?

Thank you

Did they actually say, AR succeeded ?

The text seems to indicate that they withdrew the decision rather than that they overturned it - which is what an AR success should say.

Looks like your application goes back into processing and a new decision will be made. If it is refused, then yes, you will have the AR opportunity.

Difficult to say how long it will take.

[wewillgetit]

Hello and thank you for your help on this post.

I had a letter from HO mentioning that my AR was succeeded.

They mentioned that they found the error for the case worker decision they have withdrawn the decision.
they have sent it back to original case working team to reconsider. they will make a decision and let me know the outcome.
it also mentions that if it gets rejected again I am eligible for a fresh AR.

They apologies for the error made earlier in considering my application.

How long I need to wait again?

Thank you

Did they actually say, AR succeeded ?

The text seems to indicate that they withdrew the decision rather than that they overturned it - which is what an AR success should say.

Looks like your application goes back into processing and a new decision will be made. If it is refused, then yes, you will have the AR opportunity.

Difficult to say how long it will take.

Hi marcnath and thank you for your reply.

Basically on the top the letter with it shows that your application for administrative review has succeeded

then it says they have withdrawn the decision and application has been sent back for reconsideration to correct the error and make a new decision.
It also mentions that there are unable to correct the error on AR team as they cannot obtain the evidence because it is outside of their remit.

I hope that I will get the good news soon!

The only thing is I'm not sure how long that might take! but I'm guessing it shouldn't be taking long as I have applied for same day decision at first place.

[wewillgetit]

Hello and thank you for your help on this post.

I had a letter from HO mentioning that my AR was succeeded.

They mentioned that they found the error for the case worker decision they have withdrawn the decision.
they have sent it back to original case working team to reconsider. they will make a decision and let me know the outcome.
it also mentions that if it gets rejected again I am eligible for a fresh AR.

They apologies for the error made earlier in considering my application.

How long I need to wait again?

Thank you

Did they actually say, AR succeeded ?

The text seems to indicate that they withdrew the decision rather than that they overturned it - which is what an AR success should say.

Looks like your application goes back into processing and a new decision will be made. If it is refused, then yes, you will have the AR opportunity.

Difficult to say how long it will take.

Would it make any difference on how long it takes if I had premium service booked ?

thanks

[marcnath]

Hello and thank you for your help on this post.

I had a letter from HO mentioning that my AR was succeeded.

They mentioned that they found the error for the case worker decision they have withdrawn the decision.
they have sent it back to original case working team to reconsider. they will make a decision and let me know the outcome.
it also mentions that if it gets rejected again I am eligible for a fresh AR.

They apologies for the error made earlier in considering my application.

How long I need to wait again?

Thank you

Did they actually say, AR succeeded ?

The text seems to indicate that they withdrew the decision rather than that they overturned it - which is what an AR success should say.

Looks like your application goes back into processing and a new decision will be made. If it is refused, then yes, you will have the AR opportunity.

Difficult to say how long it will take.

Would it make any difference on how long it takes if I had premium service booked ?

thanks

I doubt it

[wewillgetit]

Hello,

Can someone reply on the following?

I had my letter(month ago) for AR that decision was withdrawn and my case has been sent back to case working team to make new decision. Since then I didn't get any updates from HO.

Question is can they make new decision with out BRP and Passport ?
Letter doesn't ask me to send my document and all it says is ' they will make new decision and let me know the outcome'

Do I need to send them my Passport and BRP or just wait for them ?

The reason I ask for this is I can see that HO responded to someone else saying once they get the passport they will make new decision.

https://www.whatdotheyknow.com/request/ ... through=1

Please advise?

Thank you