ILR Refused based on IR Paragraph 245HF
Posted: Fri Feb 16, 2018 11:13 pm
Hi,
Hope everyone is doing well.
We've just applied for ILR and got refused on grounds that according to the immigration rules 245HF (b), that we applied to early and the visa was granted on on an later date. Please situation below:
"We will grant leave:
i. for 3 years plus 14 days from the
start date given on your Certificate of
Sponsorship; or
ii. to the end date given on your Certificate
of Sponsorship plus 14 days; or
iii. the period of time you need to take
your total leave granted in Tier 2 to 6
years (counted from the date you were
first granted entry clearance or leave to
remain).
whichever is the shorter period."
- If you tally up the first visa, the start date of my visa will be on issue date of my COS which will match above that we are granted 3 years and 14 days.
- If we tally up all the visas of Tier 2, I've been given 6 years and 14 days, which is in accordance with the old policy guidance
Note: I'm on the old Tier 2 short term visa.
I've then emailed my case worker back on 2013 that to confirm when did my Tier 2 visa started, which the case worker clearly stated that the start date of my visa is when the first COS was granted (21/02/2013). This email was provided during the application including copies of the two COS given.
The new Tier 2 Policy Guidance states the below:
"259. Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved."
And this guidance is only valid as per page one which states:
"This guidance is to be used for all Tier 2 applications supported by a Certificate of Sponsorship assigned on or after 11 January 2018"
Since I was on the Tier 2 short term visa and does not fall for the categories stated on the new Tier 2 PG. And I was informed by the case worker that my visa started on the date of the COS. Would I be able to ask for an admin review to reverse the decision on the basis that I was granted visa on the basis of the old tier 2 policy guidance, that the start date of my visa is 21/02/2013?
Please advise on next action or if we could ask help on how to reverse their decision on the matter.
Should you have any question or concerns, please let me know.
Many Thanks,
T2Migrant2013
Hope everyone is doing well.
We've just applied for ILR and got refused on grounds that according to the immigration rules 245HF (b), that we applied to early and the visa was granted on on an later date. Please situation below:
- Arrive in the UK August 2010
- Granted Tier 1 PSW on December 2011
- 1st Tier 2 - COS issued 21st February 2013, applied by post on the 08/03/2013, visa approved dated 25/04/2013, BRP issued 29/04/2013, valid until 08/03/2016
- 2nd Tier 2 - COS issued 7th February 2016, applied by post on the 27/01/2016, visa approved dated 23/02/2016, BRP issued 23/02/2016, valid until 07/03/2019
"We will grant leave:
i. for 3 years plus 14 days from the
start date given on your Certificate of
Sponsorship; or
ii. to the end date given on your Certificate
of Sponsorship plus 14 days; or
iii. the period of time you need to take
your total leave granted in Tier 2 to 6
years (counted from the date you were
first granted entry clearance or leave to
remain).
whichever is the shorter period."
- If you tally up the first visa, the start date of my visa will be on issue date of my COS which will match above that we are granted 3 years and 14 days.
- If we tally up all the visas of Tier 2, I've been given 6 years and 14 days, which is in accordance with the old policy guidance
Note: I'm on the old Tier 2 short term visa.
I've then emailed my case worker back on 2013 that to confirm when did my Tier 2 visa started, which the case worker clearly stated that the start date of my visa is when the first COS was granted (21/02/2013). This email was provided during the application including copies of the two COS given.
The new Tier 2 Policy Guidance states the below:
"259. Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved."
And this guidance is only valid as per page one which states:
"This guidance is to be used for all Tier 2 applications supported by a Certificate of Sponsorship assigned on or after 11 January 2018"
Since I was on the Tier 2 short term visa and does not fall for the categories stated on the new Tier 2 PG. And I was informed by the case worker that my visa started on the date of the COS. Would I be able to ask for an admin review to reverse the decision on the basis that I was granted visa on the basis of the old tier 2 policy guidance, that the start date of my visa is 21/02/2013?
Please advise on next action or if we could ask help on how to reverse their decision on the matter.
Should you have any question or concerns, please let me know.
Many Thanks,
T2Migrant2013