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Travelling to UK when Admin review is underway

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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deeevi
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Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Travelling to UK when Admin review is underway

Post by deeevi » Fri Feb 23, 2018 6:56 pm

Hi there,

1) I got my Tier 4 refusal due to an error by the caseworker. I am planning to apply for an Administrative Review. But as it can take upto 28 days and since I have a valid Tier 2 PBS dependent visa, can I travel to UK when the Administrative Review is undertaken? Otherwise my Job is at risk and they promised to support me with part time job when I study.

2) I am applying for MBA which is Level 7? Will I have work rights? and will my dependents get work rights?

Thank you for the response. Much appreciate!!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Travelling to UK when Admin review is underway

Post by vinny » Sat Feb 24, 2018 1:16 am

When does your Tier 2 PBS dependant visa expire?
Will the Main Tier 2 Holder be eligible for ILR? If so, then which route and when?

Did you know that PBS dependant partner visa holders may study, subject to 319D(b)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

deeevi
Newly Registered
Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Re: Travelling to UK when Admin review is underway

Post by deeevi » Sat Feb 24, 2018 7:03 pm

Hi there,

My ICT Tier2 expires by July 2018.

We are not eligible for ILR in ICT.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Travelling to UK when Admin review is underway

Post by vinny » Sat Feb 24, 2018 10:47 pm

deeevi wrote:
Fri Feb 23, 2018 6:56 pm
2) I am applying for MBA which is Level 7? Will I have work rights? and will my dependents get work rights?
See also Working and Dependants.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

deeevi
Newly Registered
Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Re: Travelling to UK when Admin review is underway

Post by deeevi » Sat Feb 24, 2018 11:00 pm

Thank you for the response.

How about travelling to UK when admin review is undertaken?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Travelling to UK when Admin review is underway

Post by vinny » Sat Feb 24, 2018 11:16 pm

I can't see anything in the rules nor guidance about travelling to the UK affecting the AR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

deeevi
Newly Registered
Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Re: Travelling to UK when Admin review is underway

Post by deeevi » Sun Feb 25, 2018 8:44 am

Thank you for the response.

I found this information last night. See the page https://www.gov.uk/ask-for-a-visa-administrative-review please.

As I will be applying for AR outside of UK (from India), should I not travel to UK? with the above rule.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Travelling to UK when Admin review is underway

Post by vinny » Mon Feb 26, 2018 2:31 am

Can you be more specific about which rule is a problem?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

deeevi
Newly Registered
Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Re: Travelling to UK when Admin review is underway

Post by deeevi » Mon Feb 26, 2018 7:33 am

Hi there,

Since I applied my visa from India, when I ask for a AR , I will still have to apply for it in India as it was refused there. So I will fall under the rule "If you're outside the UK"?

If So as per that rule:

You can only ask for an administrative review if all of the following apply:

1. "you’re outside the UK"
2. you applied outside the UK
3. your application was refused on or after 6 April 2015
4. you don’t have a right of appeal against the refusal
5. you didn’t make an application as a visitor or a short term student

So #1 will be broken if I travel to UK during the AR process?

deeevi
Newly Registered
Posts: 6
Joined: Fri Feb 23, 2018 6:46 pm
India

Re: Travelling to UK when Admin review is underway

Post by deeevi » Tue Feb 27, 2018 8:28 pm

Hi there,

Please advise onthe above post

Thanks in advance

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