Tier refused - Reapplication

[party925]

Hi

My Tier 2 visa (General) was refused on 25/08/2015. My last visa expired on 18/08/2015. I applied before the expiry of my visa. I don't want to go for administrative review as it will most likely to be unsuccessful.

Can I immediately reapply for Tier 2 Visa. My sponsor is willing to give me COS. I contacted UKVI and there were contradictory responses such as I have no right to re-apply as my application will be invalid. Some said I can re-apply. One of them said I have to wait 14 days to are-apply.

This forum is great and any advice is appreciated.

Thanks

[party925]

Can I apply in person as my passport and biometric card is with UKVI

[party925]

If I applied for an extension of my Tier 2 immigration permission after my last period of
immigration permission had already expired (but within 28 days), can I still request an administrative review if
the application is refused?

If not what are other options?

[geriatrix]

Before I get down to answering the queries, please state:

When was the refusal letter delivered? Was it through recorded delivery?

[party925]

Thanks for asking.
Yes. Special Delivery (Signed)

[party925]

Got refusal letter on 26 Aug (Special Delivery) mentioning that I can take administrative review within 14 days. It also stat that if I want I can apply in ant other CAPACITY (which I can't). It is not mentioned in the letter that I can or cannot re-apply for Tier 2.

[geriatrix]

If you do not apply for administrative review or reapply on or before 09-Sep, then you will become an overstayer on 10-Sep-2015 (section 3c leave will end on 09-Sep-2015).

If you apply by 09-Sep (same SOC code as your previous application) such an application will be considered an in-time application and, if refused, will have the right of administrative review.

If you apply between 10-Sep and 08-Oct, the application will be an out-of-time application and, if refused, you will not be given a right of administrative review.

If you apply after 08-Oct-15, the out-of-time application will be considered (and approved if all requirements are met) but your continuous residency in UK for the purpose of settlement will be broken and, if refused, there will be no right of administrative review.

[party925]

Thanks for the prompt reply. It was helpful. I need some clarification please. Sorry for being thick. Remember I applied for Tier 2 General (change of employment) visa.

Why is it by 09 Sep. Isn't it counted as 14 days (its not 14 working days) when I receive the letter of refusal?

I would be needing a new COS to reapply (because there is a mistake in the previous one as the sponsor have not mentioned the dates of advertisement. And once the COS is used, it cannot be re-used)?

For instance, my current sponsor give me a COS on Monday (1 Sep). Then can I re-apply on ANY DAY until 9 Sep. Once new COS is generated, the previous COS will be cancelled. It means after getting the new COS I will loose the right of administrative review??? The only option will then be to go for re-application.

In case of reapplication, do I need to inform UKVI that I am withdrawing the right of administrative review?

What if I will go for administration review (it is unlikely to be successful though)? It may take 28 days and Tier 2 can be applied online only. I don't think I can reapply in-time after administrative review because when I put my bio-metric expiry that, it prompted me that I can apply by 15 Sep (28 days after expiry)

What if I take a COS from different sponsor?

You said If I apply by 09-Sep such an application will be considered an in-time application and, if refused, will have the right of administrative review. So again I will be given 14 days to apply of administrative review. In case, administrative review, goes against me (you never know) then can I re-apply (third application) with in-time application.

Sorry again, but it is confusing.

[party925]

Please ignore the following question:
Why is it by 09 Sep. Isn't it counted as 14 days (its not 14 working days) when I receive the letter of refusal?

14 days is 09 Sep

[geriatrix]

Why is it by 09 Sep. Isn't it counted as 14 days (its not 14 working days) when I receive the letter of refusal?

Fourteen calendar days from receipt of refusal on 26-Aug.: 09-Sep-15.

I would be needing a new COS to reapply (because there is a mistake in the previous one as the sponsor have not mentioned the dates of advertisement. And once the COS is used, it cannot be re-used)?

Yes, once a CoS has been used the employer will need to provide you a new one.

For instance, my current sponsor give me a COS on Monday (1 Sep). Then can I re-apply on ANY DAY until 9 Sep. Once new COS is generated, the previous COS will be cancelled. It means after getting the new COS I will loose the right of administrative review??? The only option will then be to go for re-application.

Do not confuse CoS with an immigration application. The right of administrative review (or absence of it) depends on when an immigration application is submitted - nothing to do with CoS.

In case of reapplication, do I need to inform UKVI that I am withdrawing the right of administrative review?

No. If you apply for administrative review and then make a new application while the review is pending, the review will be deemed as withdrawn one day before the date of application and such application will be considered an out-of-time application (so no right of administrative review if refused).
If you do not apply for administrative review but decide to apply again (before or after 9-Sep) then also there is no need to inform UKVI for anything.

What if I will go for administration review (it is unlikely to be successful though)? It may take 28 days and Tier 2 can be applied online only. I don't think I can reapply in-time after administrative review because when I put my bio-metric expiry that, it prompted me that I can apply by 15 Sep (28 days after expiry)

Don't understand the query / question!

What if I take a COS from different sponsor?

Where you get the CoS from is irrelevant. The timelines within which you should apply (as explained in my first response) are important.

You said If I apply by 09-Sep such an application will be considered an in-time application and, if refused, will have the right of administrative review. So again I will be given 14 days to apply of administrative review. In case, administrative review, goes against me (you never know) then can I re-apply (third application) with in-time application.

Yes.

The Administrative Review guidance is available here.

[party925]

Most queries are resolved. Thanks very much. Your responses are clear, precise and accurate (I have now read the administrative review guidelines).

My understanding after your reply is - To keep in-time, it is best to reapply rather than to go for administrative review (if it is likely to be unsuccessful).

I re-write the query you did not understood. In my case, Tier 2 application can only be made online (I can't use paper application as it is only for premium service (in person). I don't have passport or biometric card so I will not be accepted if I opt for in-person application). I cannot apply online after 28 days of expiry of my visa as the online system do not allow anyone to do so. So how will I apply for Tier 2 visa on third occasion (I don't want to - just thinking of the worst scenario).

Thanks again

[geriatrix]

My understanding after your reply is - To keep in-time, it is best to reapply rather than to go for administrative review (if it is likely to be unsuccessful).

The best option is to re-apply before 10-Sep.

Tier 2 application can only be made online (I can't use paper application as it is only for premium service (in person). I don't have passport or biometric card so I will not be accepted if I opt for in-person application). I cannot apply online after 28 days of expiry of my visa as the online system do not allow anyone to do so. So how will I apply for Tier 2 visa on third occasion (I don't want to - just thinking of the worst scenario).

I am not conversant with the online application procedure so can't help with any comment on that.

As far as applying in person, you can still do so without the passport in your possession and tell them that your passport and old BRP is in their custody. They should decide on the application on the day, and arrange for your passport to be delivered to you from whichever HO location it is at.

[party925]

Thank you very much.

[party925]

Another twist. I've read so many times in this forum that:

'One cannot make a new application whilst still having section 3C leave'.

and

Page 77 of the Administrative policy guidance (last updated 17 August 2015)

"Administrative review also ceases to be pending if all the following apply:
• the applicant has not yet applied for administrative review of an eligible decision
• the time limit to apply for administrative review of the eligible decision has not yet
expired
• the applicant’s leave was extended under section 3C because the valid application
which led to the eligible decision was made in time
• the applicant makes an application for entry clearance, leave to enter or leave to
remain"

"If their leave was extended under section 3C, the day on which the administrative review
stops being pending is the last day of their section 3C leave. The new application is
therefore made out of time on the first day after the applicant’s leave expired and does not
further extend 3C leave".

So in my case I will be a over-stayer even if I re-apply before 10th Sep? So I will be given no right of administrative review???? confusing

[geriatrix]

'One cannot make a new application whilst still having section 3C leave'.

Where and in what context? Provide a link.

'Page 77 of the Administrative policy guidance (last updated 17 August 2015)

"Administrative review also ceases to be pending if all the following apply:
• the applicant has not yet applied for administrative review of an eligible decision
• the time limit to apply for administrative review of the eligible decision has not yet
expired
• the applicant’s leave was extended under section 3C because the valid application
which led to the eligible decision was made in time
• the applicant makes an application for entry clearance, leave to enter or leave to
remain"

"If their leave was extended under section 3C, the day on which the administrative review
stops being pending is the last day of their section 3C leave. The new application is
therefore made out of time on the first day after the applicant’s leave expired and does not
further extend 3C leave".

So in my case I will be a over-stayer even if I re-apply before 10th Sep? So I will be given no right of administrative review???? confusing

For something (administrative review) to be pending, you have to apply for it first! So, first decide whether you wish to apply for administrative review or make an immigration application before 10-Sep. Don't quote text that applies to administrative review and then assume that it applies to immigration application.

I think you need to decide whether you wish to make a Tuer 2 application before 10-Sep or you wish to apply for administrative review. Else, people will end up explaining the same thing to you over and over again.

[party925]

Thanks once again and sorry for the confusion. I am preoccupied with so many things.

I have decided that I will not go for the administrative review.

Without doubt, I will re-apply for Tier 2 visa before 10th Sep. My query is that if I re-apply for Tier 2 visa before 10th Sep, will my 3C leave will continue or will it cease on the day of application?

[geriatrix]

If an applicant does not make a request for administrative review following an eligible refusal decision, their 3C leave ends on the last day on which they could have made an in time administrative review application.

Until then you remain legal and any immigration application you make while having legal status in UK will be considered an in-time application (with a right of administrative review, if refused) and your legal stay will continue because the new in-time application will then kick in section 3c again.

[party925]

Thanks.

[party925]

While completing the Tier 2 application online, I was asked to write the expiry date of my BRP. My BRP expired on 18/08/2014. I am on 3C leave until 09/09/2015. It was mentioned in my refusal letter that:

'The BRP you submitted with your application has been retained and destroyed as it is no longer valid"

Queries:
1) Should I write the date 18/08/2014 or 09/09/2015.
2) Is there a paper application for postal application for extension of Tier 2 visa? I have not found any.

Thanks

[geriatrix]

There is only one expiry date of the BRP - the one mentioned on it!
A PDF form as used to be earlier? No. But reading this may help.

If you wish to apply in person at a PSC, follow the link provided in this topic and look for "Application to extend stay in the UK: form Tier 2".

[party925]

Thanks. Read it.

There is no more PDF form for Tier 2 extension. As you have written, there is an "online form filling process" and online system does not allow to apply after 28 days of the expiry of biometric card. So there is no way one can apply after 28 days of expiry of visa (3C or no 3C - it does not matter as far as re-application is concerned)

[raj84939]

when you applied your Tier 2 application..what date and where (Location)

[party925]

The details are on the first post (1st page)

[raj84939]

did you apply on 18th August 2015 and is this for Croydon location..did you go for premium service?

[party925]

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