3C Leave/AR after 2nd refusal...

[GondalUK]

Respected members/gurus,

I need an urgent advice regarding my critical situation. Please give me suggestion about any possible solution:

1- I have been on Tier 2 VISA since 2015 which was curtailed because of resign

2- I found new sponsor on time, who assigned COS and I applied for VISA

3- Received a letter from UKVI about exceptionaly complex issues raised, I doubt it might be related to a recent Audit done by the UKVI for the company (but not sure).

4- Now employer has cancelled/withdrawn COS/Sponsorship after waiting with no decision on VISA so far

5- My application is still pending but COS was cancelled/withdraws yesterday (30 Aug) and now they can refuse anytime base on cancelled COS

Questions:

1- Will I be allowed to apply for new Tier 2 VISA after refusal?

2- How much time I will be given after refusal to file new VISA?

3- Will they return my passport or they will hold it in current situation?

Please anybody who got any idea, please provide suggestion.

Thanks

[cyclina1]

Respected members/gurus,

I need an urgent advice regarding my critical situation. Please give me suggestion about any possible solution:

1- I have been on Tier 2 VISA since 2015 which was curtailed because of resign

2- I found new sponsor on time, who assigned COS and I applied for VISA

3- Received a letter from UKVI about exceptionaly complex issues raised, I doubt it might be related to a recent Audit done by the UKVI for the company (but not sure).

4- Now employer has cancelled/withdrawn COS/Sponsorship after waiting with no decision on VISA so far

5- My application is still pending but COS was cancelled/withdraws yesterday (30 Aug) and now they can refuse anytime base on cancelled COS

Questions:

1- Will I be allowed to apply for new Tier 2 VISA after refusal? Yes. but likely you don't have enough time to do the application in the UK.

2- How much time I will be given after refusal to file new VISA? Ideally no time, because your 3C leave ends once your visa is refused.

3- Will they return my passport or they will hold it in current situation? They will hold your passport, because you have no right to reside if your visa is refused.

Please anybody who got any idea, please provide suggestion.

Thanks

[GondalUK]

Hi Cyclina,

Thanks for your response.

>> 1- Will I be allowed to apply for new Tier 2 VISA after refusal?
>> Yes. but likely you don't have enough time to do the application in the UK.

>> 2- How much time I will be given after refusal to file new VISA?
>> Ideally no time, because your 3C leave ends once your visa is refused.

I understand, so it means that I shouldn't keep any hope even if I found any new sponsor?

[GondalUK]

Also, I have one other question.

As there is no or very less hope. Shall I withdraw my and dependents applications and go back to country voluntarily? Can I get refund of my IHS and VISA fees in this way? I had applied VISA for myself and 4 dependents.

In this way there will no refusals in my history and I might be able to apply from home country easily. Any suggestions please?

[UKLL]

Also, I have one other question.

As there is no or very less hope. Shall I withdraw my and dependents applications and go back to country voluntarily? Can I get refund of my IHS and VISA fees in this way? I had applied VISA for myself and 4 dependents.
IHS yes but you won't get visa application fees back unfortunately

In this way there will no refusals in my history and I might be able to apply from home country easily. Any suggestions please?
Refusal record won't affect anything to be honest, my last one was refused in Jan and new one was approved in June

[GondalUK]

So shall I keep looking to find new sponsor in the hope that VISA refusal might take some time, as it's already under exceptionally complex issue queue. I might be able to find some sponsor in that time.

Any advice please?

[GondalUK]

Respected members,

The VISA refusal decision for my VISA application and my 4 dependents is received today 7th Dec 2018 (Decided on 4th Dec 2018). The reason of refusal is the same (what I was expecting) that the sponsor had withdrawn the sponsorship. But in that period while I was waiting I found another sponsor who is willing to sponsor my Tier 2 VISA.

In order to prepare new application I want to get idea how much time I have now for new application. Following are my questions:

1- I am given an option for administrative review and I have 14 days after today according to letter(after the date the decision is received). As this is not any mistake and VISA was refused due to sponsorship withdrawn, can I still use administrative review option just to gain some time? Or it will go against me and make my case further complex?

2- The new sponsor need some time for getting COS, does the same period of 14 days (the date after decision received) applies for fresh Tier 2 application as well?
For example: The refusal decision is received today (7th Dec 2018), is it safe to apply on 21st Dec 2018? Extact on 14th day after the date the refusal decision is received?

Please help by providing any advice.

[CR001]

1- I am given an option for administrative review and I have 14 days after today according to letter(after the date the decision is received). As this is not any mistake and VISA was refused due to sponsorship withdrawn, can I still use administrative review option just to gain some time? Or it will go against me and make my case further complex?

You can apply for AR, which will be refused, but doing it just to buy time.

2- The new sponsor need some time for getting COS, does the same period of 14 days (the date after decision received) applies for fresh Tier 2 application as well?
For example: The refusal decision is received today (7th Dec 2018), is it safe to apply on 21st Dec 2018? Extact on 14th day after the date the refusal decision is received?

Your section 3C protection remains in place while AR is in process. The minute you make a new tier 2 visa application, your AR is automatically withdrawn and your section 3C ends and you will be an overstayer.

Has your new sponsor done the full and proper RLMT?? A UCoS doesn't take time, what exactly does the sponsor need to do that will take time to get a CoS?

[GondalUK]

Dear CR001,

Thanks for your reply and advice.

>> You can apply for AR, which will be refused, but doing it just to buy time.

Will it place any negative impact on my fresh application as it's clear that I would only apply for AR to buy time?


>> Has your new sponsor done the full and proper RLMT?? A UCoS doesn't take time, what exactly does the sponsor need to do that will take time to get a CoS?

Yes, they have done proper RLMT and was going to request for UCOS next week. Now because of refusal decision I am worried that I have limited time left. If new COS is not allocated on time, I might not be able to make fresh application on time and looking for any backup options that I might try in worst situation.

What is the last safe date when I can apply fresh application? For example: The refusal decision is received today (7th Dec 2018), refusal decison made on (4th Dec 2018), is it safe to apply on 21st Dec 2018? Extact on 14th day after the date the refusal decision is received?

Please let me know.

[CR001]

AR - No negative impact.

You only have 14 days to EITHER apply for AR which will be refused OR submit a new application.

[GondalUK]

Dear CR001,

Thanks for your advice, it was a relief to know that I could use AR to buy some time without negative impact.

Sorry for repeat question, do you have idea about 14 days, if these 14 days are given starting from decision date or from the date letter is received?

[GondalUK]

Respected members,

I am now planning to apply for administrative review this Friday (on 11th day after refusal) to buy some time so my employer can get UCOS in that time. Can anybody guide regarding following two things:


1- I have checked Administrative Review Guidance available at following link, and according to that Administrative Review application can be rejected as invalid. If I apply for AR, will they consider my AR application invalid as there was no error from case worker rather my VISA was refused because of sponsorship withdrawn by employer?

https://assets.publishing.service.gov.u ... e_v8_0.pdf


2- I have 4 dependents whose VISA was refused also but they applied as separate application using standard postal where as I applied using postal priority. Shall I apply AR together for myself and all dependents or separately?

Anybody who got some idea, please guide.

Thanks

[CR001]

1. Yes AR will be refused. AR is only for HO has made an error. At will also automatically be withdrawn the second you make a new application and your section 3c you get under AR will cease.

2. You should all apply to maintain legal status.

[GondalUK]

Thanks for your reply CR001,

1- I Understand it will be refused but my question is if they will consider AR or reject it as invalid? If they reject AR as invalid then it is not helpful as my 3C leave will not extended even if I apply for AR. Following is from AR guidance from UKVI where they say if AR is rejected as invalid then "leave ends on the last day on which an in time valid administrative review application could have been made":

"Rejected applications
An invalid application does not extend leave under section 3C. If an applicant whose leave is extended under section 3C makes an in time administrative review application which is rejected as invalid, their leave ends on the last day on which an in time valid administrative review application could have been made."

Above is taken from following AR guide (Page 66):
https://assets.publishing.service.gov.u ... e_v8_0.pdf

Any idea or advice?

1. Yes AR will be refused. AR is only for HO has made an error. At will also automatically be withdrawn the second you make a new application and your section 3c you get under AR will cease.

2. You should all apply to maintain legal status.

[GondalUK]

Anybody got some idea? Any advice or suggestion regarding my last question would really help.

[pere0026]

Please excuse me for the bad news but from what U're saying U have no chance to stay legally in UK without leaving it and reapplying and there's why:
- if U'll apply for AR this will be refused and U'll become overstayer so won't be able to apply for a visa
- if U'll apply for AR and in the meantime (before AR refusal) U'll apply for a visa U automatically becoming overstayer and visa will be refused as well
So from all the points I assuming that the best choice is to leave before U'll become overstayer and reapply.

[GondalUK]

Dear pere0026,

Thanks for your reply and advice.

It's my understanding that I can send fresh VISA application while AR is under consideration and that application will be considered as valid because 14 days overstay is allowed to make any fresh VISA applications.

Also even if AR is refused I will be given 14 days after refusal to apply fresh application or to leave country.

I have found a new employer and they said that COS will be ready by end of next week or earlier. That's the reason I want to apply AR and then next week I will send fresh application with new COS.

----------------------------

But my question is, if they don't accept my AR application and reject it as invalid then I might be in trouble and looking for any advice from members who got any idea. Or any advice about the best way to proceed.

Thanks

Please excuse me for the bad news but from what U're saying U have no chance to stay legally in UK without leaving it and reapplying and there's why:
- if U'll apply for AR this will be refused and U'll become overstayer so won't be able to apply for a visa
- if U'll apply for AR and in the meantime (before AR refusal) U'll apply for a visa U automatically becoming overstayer and visa will be refused as well
So from all the points I assuming that the best choice is to leave before U'll become overstayer and reapply.

[GondalUK]

I am really confused about situation, any advice from experienced members will be helpful:

1- My Tier 2 extension was refused because of sponsorship withdrawn. Decision date 4th Dec, decision letter received on 7th Dec.

2- My new sponsor confirmed that they will be able to assign COS next week by Wednesday, 19th Dec. I will be able to apply same day or Thursday, 20th Dec. So it will be within 14 days time limit to send fresh application which ends on 21st Dec (by keeping in mind 14 days time limit after decision received).

3- My solicitor is advising to apply for administrative review before applying VISA Monday (17th Dec) or Tuesday(18th Dec). Which is one day before I will be able to send fresh application after COS is assigned.

Question 1: Shall I apply for AR 1st and than next day send fresh application? Or I am safe to send fresh application on Wednesday 19th December without going for AR?

Question 2: As my VISA was refused because of sponsorship withdrawn, I am not sure what to write in AR as that was not an error from caseworker? Even if I give some reason it might be rejected as invalid even before they consider AR and refuse? Will it affect my fresh Tier 2 application in any way?

[GondalUK]

Respected members,

Following are recent event in my immigration history:

- Tier 2 VISA curtailed to 31st July 2018
- 1st In-time application made for Tier 2 (change of employment) on 20th July 2018
- 1st Tier 2 visa application refused on 4th December 2018 (Decision received on 7th Dec 2018 visa UPS)
- Administrative Review submitted on 17th Dec 2018
- Then sponsor received COS on 19th Dec and 2nd fresh Tier 2 VISA application made on 20th December 2018
- AR and Fresh application was both made within 14 days of decision received

Can anybody please guide regarding following questions?

1- In current situation, if my visa is refused again, will I get Administrative Review option?
2- Is my last 3C extended by my current fresh VISA application? Am I protected by 3C now?
3- As I applied for AR and then made fresh application after 3 days, will it affect or cause problems for my new visa application?

If any body got some idea, please let me know.

[GondalUK]

Any advice please regarding my last question?

[GondalUK]

I thought to share my experience with other members who might be in same situation like me. My VISA is finally approved after one year of nightmare.

- My last VISA was refused on 4th Dec 2018 after waiting 5 months (Along with 4 Dependents)
- Fresh application was made on 20th Dec 2018 and VISA approved today on 28th Dec 2018 (within 4 working days, notified by email)

Now I have an answer to a question which I was not sure and tried to ask several times on this forum. My question was regarding 14 days (for AR and fresh application) after VISA refusal, if 14 days counts from the refusal date or from the date refusal decision letter received.

I made VISA application on 16th day after refusal date (13th day after decision letter received) and I was safe and VISA application approved without any problem. But as a safe side, I had submitted AR 3 days before VISA application as I was not sure and not wanted to take any risk.

Thanks for all who helped by giving valuable suggestions.

[GondalUK]

Hi All,

My passports (Latest and expired) was retained by UKVI after my 1st VISA application refusal.

Now My second VISA application is approved and I already have received my supporting documents and BRP but Passports are not received along with my supporting documents.

Do I need to contact UKVI for return of passports? Any body who got some idea please let me know.

[GondalUK]

Updating status as it might be helpful for someone in similar situation, my passport is received today (11 Jan 2018).