Tier 2 rejected. Help please?

[swgirl]

From what my lawyer and caseworker said, I can reapply. It stated that on my rejection letter too.

[swgirl]

I believe that the 28 day starts from date of refusal. However, if I decide to appeal then I get covered under Section 3C after the 28 days but if I withdraw and decide to reapply, the decision is at the caseworker's discretion because once I withdraw, I am not covered by Section 3C any more.

[manci]

if you appeal in-time but then withdraw the appeal more than 28 days after the refusal date you will not have the option of re-applying nor will the caseworker have any discretion - you must then leave the UK voluntarily (your passport will be returned at the airport) or a deportation process will start.

[zee-chawla]

My previous leave was expired on 06/11/2012 and my visa refusal letter was dated 21/12/2012. I reapplied on 11/01/2013 as a fresh application and I got my Visa on 19/03/2013. they kept my passport and I made a fresh application by myself and I wrote a separate letter stating my previous application was refuse and passport is still with home office under the same application. they accepted my application and visa was granted.

[ncisgreat]

My previous leave was expired on 06/11/2012 and my visa refusal letter was dated 21/12/2012. I reapplied on 11/01/2013 as a fresh application and I got my Visa on 19/03/2013. they kept my passport and I made a fresh application by myself and I wrote a separate letter stating my previous application was refuse and passport is still with home office under the same application. they accepted my application and visa was granted.

Will it effect on your ILR?
Did u ask the lawyer...

[ncisgreat]

From what my lawyer and caseworker said, I can reapply. It stated that on my rejection letter too.

But in my rejection letter it is clearly written i can make new application if only current visa has not expired. That is why i went for appeal but now i think i did wrong decision

[ncisgreat]

I believe that the 28 day starts from date of refusal. However, if I decide to appeal then I get covered under Section 3C after the 28 days but if I withdraw and decide to reapply, the decision is at the caseworker's discretion because once I withdraw, I am not covered by Section 3C any more.

http://www.davidsonmorris.com/dmblog/20 ... d-herring/

http://www.newlandchase.com/nc_blog/art ... es_read_on

According to first article 28 grace period not for reapplying but for leaving the country without being overstayer
Second article mentions 28 days overstay counted from the date of application submitted not the date of decision made

[ncisgreat]

From what my lawyer and caseworker said, I can reapply. It stated that on my rejection letter too.

How did you contact caseworker

[swgirl]

Well, Davidson Morris are one of the lawyers I consulted and they said I can reapply as it was stated on my rejection letter too.

firstname.lastname@ukba.gsi.gov.uk

My caseworker's name was on my rejection letter.

[vinny]

Second article mentions 28 days overstay counted from the date of application submitted not the date of decision made

That appears to be incorrect, if the applicant made an in-time valid application.

If an applicant made a valid in-time application and leave had expired during consideration, then leave is "treated as continuing" under Section 3C. Therefore, the applicant cannot overstay until Section 3C lapses or until an appeal is finally determined.

[zee-chawla]

My previous leave was expired on 06/11/2012 and my visa refusal letter was dated 21/12/2012. I reapplied on 11/01/2013 as a fresh application and I got my Visa on 19/03/2013. they kept my passport and I made a fresh application by myself and I wrote a separate letter stating my previous application was refuse and passport is still with home office under the same application. they accepted my application and visa was granted.

Will it effect on your ILR?
Did u ask the lawyer...

As I applied within 28 days of my decision it is still counted as controlled stay. But I couldn't work until my next application was decided.
I did consult 2 solicitors and they both confirmed and asked me go to route of reapplying. And my application was extending Tier 2.

[swgirl]

Quick question -- am I not allowed to work once I have reapplied? Just to confirm. I don't think my employers know that so will have to tell them.

[vinny]

Unfortunately, no.

Once Section 3C lapses, they may accept a fresh application. Unfortunately, you are also overstayer.

[swgirl]

Thanks for that Vinny. I'm not sure how and if the Home Office will find out if I continue during this period but I am not taking any risks!

[zee-chawla]

Quick question -- am I not allowed to work once I have reapplied? Just to confirm. I don't think my employers know that so will have to tell them.

Vinny is right you cannot work. But you can work if you appealed. I went to 2 solicitors and ask them they both said I should take the new application route because it is quicker. my rejection was on basis of appropriate salary. My leave was expired and they kept my passport with them so I couldn't make a PEO application, application had to go through the post and I could not work for two and half month and it was frustrating because you don't know when the decision will be taken. but if you take appeal route you can carry on working and you can possibly win the case but solicitors don't recommend this because apparently it is very lengthy process. because your leave is extended until your decision was made so you have 28 days to make a fresh application from the date of decision notice is served. They will consider your application because of the extenuating circumstances where you couldn't make an application earlier.

Hope this helps and good luck.

[swgirl]

Thanks Zee-Chawla, that really does make me feel better as my visa has been rejected on the same basis.
I am applying via a postal priority service and it should not take more than 10 days -- I don't mind not working during these days but I wonder what my employer will say as we are very small and I do a lot of the work. I hope they don't insist I work because that would put me and them in a lot of trouble if the UKBA find out.

[ncisgreat]

Second article mentions 28 days overstay counted from the date of application submitted not the date of decision made

That appears to be incorrect, if the applicant made an in-time valid application.

If an applicant made a valid in-time application and leave had expired during consideration, then leave is "treated as continuing" under Section 3C. Therefore, the applicant cannot overstay until Section 3C lapses or until an appeal is finally determined.

I have gone for appeal.. If my appeal is disallowed i should have right to apply as my leave is under section 3c and so i have never been overstayer

[vinny]

Thanks Zee-Chawla, that really does make me feel better as my visa has been rejected on the same basis.
I am applying via a postal priority service and it should not take more than 10 days -- I don't mind not working during these days but I wonder what my employer will say as we are very small and I do a lot of the work. I hope they don't insist I work because that would put me and them in a lot of trouble if the UKBA find out.

But I couldn't work until my next application was decided.

zee-chawla is correct.

[zee-chawla]

Thanks Zee-Chawla, that really does make me feel better as my visa has been rejected on the same basis.
I am applying via a postal priority service and it should not take more than 10 days -- I don't mind not working during these days but I wonder what my employer will say as we are very small and I do a lot of the work. I hope they don't insist I work because that would put me and them in a lot of trouble if the UKBA find out.

Good Luck, I hope this works out for you.

[elaya555]

Thanks Zee-Chawla, that really does make me feel better as my visa has been rejected on the same basis.
I am applying via a postal priority service and it should not take more than 10 days -- I don't mind not working during these days but I wonder what my employer will say as we are very small and I do a lot of the work. I hope they don't insist I work because that would put me and them in a lot of trouble if the UKBA find out.

Good Luck, I hope this works out for you.

Hello all,

Visa - PSW to Tier 2 General
Application made on 12 feb
Visa expired - 14 feb
Refusal letter received -23 march
appeal against - 08/04/13

I have now gotten rejected on the below grounds:

1) My employer made a mistake and said I work 40 hours a week as opposed to 37.5 which is what I actually work. I am the only migrant employee at work and this is our first application and it was an honest mistake.
Not sure what to do right now, my PSW expired already and I have lodged an appeal yesterday otherwise I would be overstayed.

But now I would like to know whether I can able to re-apply If I get a new cos from the employer and will it consider by UKBA (out of time).

Also my refusal letter says that If i dont have right to appeal then only i can able to make fresh application & also they mentioned "In all such case should have valid visa" but how you guys are re-applied?

What do you suggest is the best course of action?.Any advice would be greatly appreciated. THanks in advance

[swgirl]

I have reapplied today! Fingers crossed. All the paperwork looks in order but I'm still worried.

Elaya -- so sorry to hear about this. Mine was rejected on similar grounds. I know but I just ended up reapplying. I didn't know what else to do.

[manci]

Visa - PSW to Tier 2 General
Application made on 12 feb
Visa expired - 14 feb
Refusal letter received -23 march
appeal against - 08/04/13

I have now gotten rejected on the below grounds:

1) My employer made a mistake and said I work 40 hours a week as opposed to 37.5 which is what I actually work. I am the only migrant employee at work and this is our first application and it was an honest mistake.
Not sure what to do right now, my PSW expired already and I have lodged an appeal yesterday otherwise I would be overstayed.

But now I would like to know whether I can able to re-apply If I get a new cos from the employer and will it consider by UKBA (out of time).

Also my refusal letter says that If i dont have right to appeal then only i can able to make fresh application & also they mentioned "In all such case should have valid visa" but how you guys are re-applied?

What do you suggest is the best course of action?.Any advice would be greatly appreciated. THanks in advance

There are 3 things you can do:
1.
Get a letter from your employer addressed to UKBA admitting their mistake about your working hours and saying that they would be happy to assign a new CoS to you with the correct hours. Send it asap with a covering note by fax or email personally to the caseworker ( firstname.lastname@ukba.gsi.gov.uk )
and ask if they could possibly reconsider the refusal. Also mention that you have already appealed.
2.
appeal, which you have done already. You can continue working while the appeal is in progress. Before the appeal hearing get a new CoS from your employer, it will strengthen your case.
3
reapply within 28 days of the date of refusal using the priority postal service if you can. If you decide to re-apply you would have to withdraw the appeal first. The downside of re-applying is that a) you won't get a right of appeal if your re-application is refused and b) you will not be allowed to work from the date you withdraw your appeal.

Since you have a little time before the 28 day re-application deadline do 1. above ASAP. A favourable outcome is uncertain but it is worth a try, it has been know to work for some.

[elaya555]

I have reapplied today! Fingers crossed. All the paperwork looks in order but I'm still worried.

Elaya -- so sorry to hear about this. Mine was rejected on similar grounds. I know but I just ended up reapplying. I didn't know what else to do.

@swgirl.. All the best.. Dont worry you will get.. by the way how did you apply? with new cos? under new rules after 6th april? Priority service or standard service?

Thanks and I am also trying to re-apply but we dont have COS at the moment ...

[elaya555]

Visa - PSW to Tier 2 General
Application made on 12 feb
Visa expired - 14 feb
Refusal letter received -23 march
appeal against - 08/04/13

I have now gotten rejected on the below grounds:

1) My employer made a mistake and said I work 40 hours a week as opposed to 37.5 which is what I actually work. I am the only migrant employee at work and this is our first application and it was an honest mistake.
Not sure what to do right now, my PSW expired already and I have lodged an appeal yesterday otherwise I would be overstayed.

But now I would like to know whether I can able to re-apply If I get a new cos from the employer and will it consider by UKBA (out of time).

Also my refusal letter says that If i dont have right to appeal then only i can able to make fresh application & also they mentioned "In all such case should have valid visa" but how you guys are re-applied?

What do you suggest is the best course of action?.Any advice would be greatly appreciated. THanks in advance

There are 3 things you can do:
1.
Get a letter from your employer addressed to UKBA admitting their mistake about your working hours and saying that they would be happy to assign a new CoS to you with the correct hours. Send it asap with a covering note by fax or email personally to the caseworker ( firstname.lastname@ukba.gsi.gov.uk )
and ask if they could possibly reconsider the refusal. Also mention that you have already appealed.
2.
appeal, which you have done already. You can continue working while the appeal is in progress. Before the appeal hearing get a new CoS from your employer, it will strengthen your case.
3
reapply within 28 days of the date of refusal using the priority postal service if you can. If you decide to re-apply you would have to withdraw the appeal first. The downside of re-applying is that a) you won't get a right of appeal if your re-application is refused and b) you will not be allowed to work from the date you withdraw your appeal.

Since you have a little time before the 28 day re-application deadline do 1. above ASAP. A favourable outcome is uncertain but it is worth a try, it has been know to work for some.

@Manci.. Thanks for your Reply. Much appreciated for your work in this forum.

There are 3 things you can do:
1.
Get a letter from your employer addressed to UKBA admitting their mistake about your working hours and saying that they would be happy to assign a new CoS to you with the correct hours. Send it asap with a covering note by fax or email personally to the caseworker ( firstname.lastname@ukba.gsi.gov.uk )
and ask if they could possibly reconsider the refusal. Also mention that you have already appealed.

We have already requested them but still haven't get any response...My manager called them but they are saying that "we received the email & its being dealt" ....

2.
appeal, which you have done already. You can continue working while the appeal is in progress. Before the appeal hearing get a new CoS from your employer, it will strengthen your case.

We requested new COS on 28th march but still no response. My manager called them but they are saying that we received & its being dealt ...

3
reapply within 28 days of the date of refusal using the priority postal service if you can. If you decide to re-apply you would have to withdraw the appeal first. The downside of re-applying is that a) you won't get a right of appeal if your re-application is refused and b) you will not be allowed to work from the date you withdraw your appeal.

We are waiting for the COS.. once we get then wil try to re-apply .. let see

[swgirl]

Hi Elaya,

Are you sure you emailed the caseworker directly? I got a response the very next day apologising for the inconvenience :/

We asked for a CoS on the 3rd and sent an urgent request for it. You can e-mail:

You can contact them on:
scoc@ukba.gsi.gov.uk
sponsorlicensing.support@ukba.gsi.gov.uk
sponsorprogress@homeoffice.gsi.gov.uk

You can also call the employer's helpline on 0300 123 4699.

(All this done thanks to Manci )

Make sure they say that it is a very critical time for you. We had a response saying the CoS was allocated within 10 minutes of the urgent request being sent and then we couldn't process it because of the new allocations going live, so I got mine on Sunday.

I sent my application in today with the CoS and without my passport by postal priority. They say it takes 10 working days.

Good luck to you and fingers crossed!