some questions on visa application

[kms807]

Dear experts,

I have some questions on visa application.

Briefly, I and my family had a visa from 2010-May to 2013-Jan-31 and lived in UK. Because we had a chance to visit my home country last Nov in 2012. and needed to apply for a visa extension for 2 months (I have a new COS), we submitted our visa applications and it has been refused. The reason is based on 245HB(g) in Immigration Rules such as " The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time."

Because I do not understand why it happens and how to deal this problem, I have several questions on this matter.

First, I still do not clearly understand why it applies to us. Does "entry clearance" also mean "going out of UK"? Is it my mistake that I submitted my visa application outside UK?

Second, If my visa application is refused, does it mean that my previous visa is not valid?

Third, when I accept all the situations of refusal, I wish to wrap up all of things in UK (probably alone). Am I eligible to apply for a visiting visa to pack up my stuffs in UK? If possible, which kind of visiting visa would be good for me?

Thank you for any comment in advance.

Cheers,

Jay

[manci]

1.
Please explain your present situation. Do you have a job in the UK as a Tier 2 migrant, leave to remain until 31 Jan 2013 and just went to your home country visiting? Is your current leave as a Tier 2 General or Tier 2 ICT migrant?
2
What is on the 2010 stamp in your passport?
3.
It is not clear what your intentions are.
You say that you have a new CoS. What period is this CoS for and do you intend to return to the UK to work?
You say that you needed to apply for a 2 month visa extension. Why?
4
You were refused the visa application because of the 12 month cooling off period which means that you cannot apply for entry clearance if you had leave on Tier 2 in the past 12 months. If you have a new CoS you should have applied for the extension of your leave from within the UK.
4.
Did the refusal decision mention anything about your current leave? Have they stamped your passport and, if so, what is on the stamp?

[Jeeves]

Dear experts,

I have some questions on visa application ... needed to apply for a visa extension for 2 months (I have a new COS) ... Is it my mistake that I submitted my visa application outside UK?

You can't apply for an extension from outside the UK, hence the refusal.

Has your old visa expired? If not I don't see why it would be invalid as long as you're still working in the same job.

[kms807]

[quote="manci"]1.
Please explain your present situation. Do you have a job in the UK as a Tier 2 migrant, leave to remain until 31 Jan 2013 and just went to your home country visiting? Is your current leave as a Tier 2 General or Tier 2 ICT migrant?
2
What is on the 2010 stamp in your passport?
3.
It is not clear what your intentions are.
You say that you have a new CoS. What period is this CoS for and do you intend to return to the UK to work?
You say that you needed to apply for a 2 month visa extension. Why?
4
You were refused the visa application because of the 12 month cooling off period which means that you cannot apply for entry clearance if you had leave on Tier 2 in the past 12 months. If you have a new CoS you should have applied for the extension of your leave from within the UK.
4.
Did the refusal decision mention anything about your current leave? Have they stamped your passport and, if so, what is on the stamp?[/quote]

Hi Manci
Thank you for your kind reply and it is very helpful. I came back to UK a couple of days ago. But, I am still puzzled about what I need to do.

Let me explain my situation. I have a Tier-2 (G) visa from 01-May-2010 to 30-Jan-2013. My sponsor gave me an offer letter to extend the current job for 3 months (until 30-Apr-2013). So, I plan to apply for extension visa of Leave to Remain in the UK now.

1. I do not think I can apply for my visa with Premium Service because the visa expire date is 30-Jan-2013. If I apply for visa extension in the UK with a normal manner, am I still eligible to stay in the UK before I get my visa back? Is the deadline for application 30-Jan-2013?

2. Because I am still looking for a job in the UK, I am still worried about new 245HB(g) rule (I still do not understand well the rule...). I applied the current visa in 2010 and have never applied any "entry clearance" or "leave to remain" after until applying the refusal visa application. If I have a new offer with a different sponsor before 30-Apr-2013, can I apply for the new job in the UK, from outside the UK?

Many thanks.

[kms807]

[quote="Jeeves"][quote="kms807"]Dear experts,

I have some questions on visa application ... needed to apply for a visa extension for 2 months (I have a new COS) ... Is it my mistake that I submitted my visa application outside UK?

[/quote]

You can't apply for an extension from outside the UK, hence the refusal.

Has your old visa expired? If not I don't see why it would be invalid as long as you're still working in the same job.[/quote]

Hi Jeeves,
Thank you for your advice. My old visa expires 30-Jan-2013. Now, I came back to the UK. As you can see, there are still unsolved matters for me... I hope that these explanations help to understand my current situation clearly. Many thanks.

[manci]

You are back in the UK now and presumably working for your present sponsor. If both your sponsor and you want to extend your employment till 30 April 2013 the sponsor has to assign a new CoS to you. An offer letter is not enough and the previous CoS has already been used for the application that was refused.

The work end date in the new CoS will be 30 April 2013 and if your application is successful your new leave to remain will be to 14 May 2013. (14 days after the work end date) You should apply using the form:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf
(but check if that is still the correct application form at the time when you actually apply)

If you apply from the UK before your present leave expires (30 Jan) your existing leave automatically continues until UKBA make a decision on your application, so you can continue working after 30 Jan.

If you find a new job and new sponsor they will have to assign a CoS to you and then you can apply for a further leave to remain

[kms807]

[quote="manci"]You are back in the UK now and presumably working for your present sponsor. If both your sponsor and you want to extend your employment till 30 April 2013 the sponsor has to assign a new CoS to you. An offer letter is not enough and the previous CoS has already been used for the application that was refused.

The work end date in the new CoS will be 30 April 2013 and if your application is successful your new leave to remain will be to 14 May 2013. (14 days after the work end date) You should apply using the form:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf
(but check if that is still the correct application form at the time when you actually apply)

If you apply from the UK before your present leave expires (30 Jan) your existing leave automatically continues until UKBA make a decision on your application, so you can continue working after 30 Jan.

If you find a new job and new sponsor they will have to assign a CoS to you and then you can apply for a further leave to remain[/quote]

Thanks, Manci.
Yes! I got an new offer letter with new CoS. It seems that I can apply for leave to remain twice (with changing a sponsor). Because I heard that Tier-2 (G) can go upto 5 years and my Tier-2 visa from May-2010, the final two questions are
Is the maximum of my visa extension until Apr-2015?
What shall I do if my future contact period can be beyond Apr-2015?

I appreciate your kindness and help!

[manci]

since your initial T2G leave was granted before 6 Aprill 2011 there is no limit on the number of T2G extensions you can have and each extension will be for 3 years or the period of engagement if that is shorter.

[kms807]

Hi,

I am finally in the stage of biometric registration for the extension (thank you for the kind advices!).

Then, I have another question on the COOLING-OFF regulation. If the starting date of a future job is after the expire date of my visa, is the cooling-off regulation applied to my case? For example, based on Manci's advice, my expire date will be 14th May 2013. If I get a new job and the starting date is beyond 14th of May, is there any way to have this job opportunity?

Many thanks,

Jay

[manci]

Ideally you should get a new CoS and apply for leave to remain before your visa expires (likely to be 14 May). However, you can overstay by up to 28 days and still apply but if that application is refused you will not get a right to appeal.

The cooling-off rule only applies to entry clearance applications (which are made from outside the UK), as you found out yourself earlier when you tried to apply for an extension from abroad.

[kms807]

[quote="manci"]Ideally you should get a new CoS and apply for leave to remain before your visa expires (likely to be 14 May). However, you can overstay by up to 28 days and still apply but if that application is refused you will not get a right to appeal.

The cooling-off rule only applies to entry clearance applications (which are made from outside the UK), as you found out yourself earlier when you tried to apply for an extension from abroad.[/quote]

Dear Manci/experts,

Finally, finally, I am at the last stage of my visa problems... I fortunately got a new job offer from the same employer and recently received a residence permit card until 14-May-2013. Thus, I should apply for a visa once more before the expire date. Is there any big change for Tier-2 General (extension) from the new form? Could you kindly let me know where is the forms for me and my dependents?

Many thanks again.

Jay

[Michaeljohn]

I am at the last stage of my visa problems... I fortunately



__________________________________________________
wow gold|Diablo 3 Gold kaufen|Guild wars 2 gold|