TIER-2 Application after Tier-1 (ILR )Admin Review refusal

[Romeo007]

Hi Guys,


Need an urgent advice whether I can apply for Tier 2 General application after my refusal of my admin review refusal through Tier - 1 General under 322-5

Initial Tier 1 G Application - May 2016
Refusal letter received - 13th October
AR Refusal - 02 December ( I missed the signed for delivery, redelivered on 2nd of Dec)

1. In the AR refusal letter, it says I have 14 days to tell the HO whether I have any new means to stay in UK
2. If I can apply Tier -2 with the same company I was working, will it be refused again under general grounds?
3. Do we have to work more than 6 months in order to get the company, sponsor?

Thanks in advance.

[CR001]

What was the date of the AR refusal?

Presumably your ILR was refused for tax amendments/deception???

1. Well you are now an overstayer if your Tier 1 G has expired.

2. Is your employer an HO approved sponsor? They will be required to do RLMT for at least 28 days before they can issue you with a CoS to enable you to apply for a Tier 2 General visa.

3. No, there is no such requirement.

[Romeo007]

Thanks for the reply.

1. AR refused on 2nd of December
2. Yes its due to tax amendment 322-5
3. Employer is a A rated HO sponsor
4. Technically I was working for them until 2nd of December nearly 5 months, still they need a RLMT? someone told if you are already working then no need a RLMT..
5. On AR refusal letter with in 14 days I should tell HO whether I have any new application or reasons to stay...will Tier-2 general will counted as a valid reason for not getting deported.
6. Can Tier 2 be rejected again under general grounds for refusal due to my previous 322-5?

[CR001]

4. Technically I was working for them until 2nd of December nearly 5 months, still they need a RLMT? someone told if you are already working then no need a RLMT..

'Someone' told you the incorrect information. If you are not in a job on the shortage occupation list, RLMT is mandatory.

5. On AR refusal letter with in 14 days I should tell HO whether I have any new application or reasons to stay...will Tier-2 general will counted as a valid reason for not getting deported.

Only if you have submitted an application you qualify for within 14 days.

6. Can Tier 2 be rejected again under general grounds for refusal due to my previous 322-5?

Don't think so. For Tier 2, you are required to meet the points. However, if you have deception imposed on your ILR refusal, any application you make will likely be heavily scrutinised.

[Romeo007]

Thanks, points noted.

According to the Tier-2 General grounds for refusal the below guide lines are given

What the rules require
If a person or third party lies or makes a false statement in relation to their application, either
orally or in writing you must consider refusing entry or leave to remain. When you have
evidence that a person has done this, either as part of their current or previous application,
the Immigration Rules state you must refuse the application unless the particular paragraph
of the rules allow you to use discretion.

but according to my understanding 322(5) is an assumption from the case worker that tax amendment is made to deceive the HO without any evidence. Maybe caseworker has to use his/her discretion at this point..