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tier 5 religious worker visa extension refused (URGENT)

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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

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Dharmesh pandya
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tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Sun Apr 01, 2018 2:59 pm

Hi all,
I need some advice about my T5 religious worker visa, I applied at croydon premium service to exten my visa for two years and they approved visa at center but when I received my BRP I discovered that my visa was extended for two month only instead of two years, I applied for an administrative review and they didn't change their decision, they gave some reasons which is not understandable for me if anyone can help to make their (immigration) reasons easy to understand

Please mention that my employer made some changes in job dates in COS in relation to expiry of current visa.

And also my indian passport is expiring in feb 2020 where I asked for visa till march 2020 if it can be a reason for refusal

I add the letter of home office reply please help me and guide me what can i do now, as I have very sort time to deal with it

your help will be appreciated

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by CR001 » Sun Apr 01, 2018 5:32 pm

It would be helpful if you stated what the reason for refusal was :idea:

What dates does the old CoS and the new CoS state??
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Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Sun Apr 01, 2018 6:11 pm

Thank you so much for response i am updating reason tonight

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Sun Apr 01, 2018 11:23 pm

Hi,
sorry for the delay, here I add my CoS and the administrative Review answer which is not understandable
please guide me what they are saying and for what reason they gave only tow months visa instead of 2 years
even they said you can extend your tier 5 religous worker visa in uk on (https://www.gov.uk/tier-5-religious/extend-your-visa)

Cos status
Sponsor Licence Number : ***********
Sponsor Name : **************
Currant Cos status : Used
Currant Cos status Date : 26 Feb 2018
Date Assigned : 20 Jan 2018
Expiry Date (use by) : 21 April 2018
Sponsorship withdrawn : N
Sponsor note : Change in the work start date in relation to expiry
of visa Work start Date - 16 March 2018
End Date - 15 March 2018

Work Dates
Start Date : 01 June 2018
End Date : 30 May 2020

Dose the migrant need to
leave and re - enter the uk
the period of approval ? : N

Total weekly hours of work. : 34.00

Gross salary in pound sterling
including any allowances and
guaranteed bonuses : 15000.00

For each : year



please check the administrative review reply below

●ADMINISTRATIVE REVIEW : DECISION MAINTAINED.

Thank you for your application of 4th March 2018 for a review of decision on your application for leave to remain in the United Kingdom as tier 5 (religious worker) migrant.

We have carefully considered the points that you raised in the administrative review application. We have maintained the original decision for the reason given below.


● CLAIMED MISAPPLICATION OF THE RULES OR POLICY.

You claim that the decision on your application was incorrect because it made an error in calculating the correct period of leave either held or to be granted.

However the administrative review of your case has confirmed that the application was considered in accordance with the correct rules, policy and guidance and correctly against those rules policy and guidance you applied for leave to remain as a tier 5 (religious worker) migrant and the application was there for assessed under part 6A of the immigration rules under those rules you were required to demonstrate that you satisfied all the requirements of paragraph 245ZR.

Within your administrative review you have claimed that you applied for an extension of your tier 5 religious worker visa as your sponsor was happy with the work and you were granted leave. However you have stated that when you received your biometric residence permit you discovered you had only been granted until 29th May 2015 instead of the two years that you had applied. additionally you have submitted that your sponsor edit a note to your certificate of sponsorship amending the work start date to 16th March 2018 and the end date to 15th March 2020 and I believe that this has not been taken into account you have also claimed that your immigration health surcharge has been mainly refunded and you are happy to repay the full amount if you are granted the request leave upon review of your application.

However you initially landed in the UK as a tier 5 (Religious worker) migrant on 29th May 2016. the maximum time allowed to reside in UK in this category is 2 years under paragraph 245ZR (b) (2) of the immigration rules which states :

●245ZR. PERIOD AND CONDITION OF GRANT.
(a) If any calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

(b) Subject to paragraphs (c) to (f) below, leave to remain will be granted for:

(i) the length of the period of engagement, as recorded in the Certificate of Sponsorship Checking Service entry, plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement) or

(ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance, leave to enter, or leave to remain as a Tier 5 (Temporary Worker) Migrant and:

(1) 12 months, if he is being sponsored in the Government Authorised exchange sub-category for a Work Experience Programme where the initial grant of leave was granted under the Rules in place from 6 April 2012, the Creative and Sporting subcategory, or the Charity Workers subcategory, or

(2) 2 years, if he is being sponsored in the Government Authorised Exchange sub-category where the initial grant of leave was made under the Rules in place before 6 April 2012 or for a Research Programme, Training Programme or Overseas Government Language Programme, the Religious Workers subcategory, or the International Agreement subcategory other than as a Contractual Service Supplier, or Independent Professional, or

(3) 6 months, if the applicant is being sponsored in the International Agreement subcategory and is a Contractual Service Supplier or Independent Professional,

whichever of (i) or (ii) is the shorter.


●Therefore, the Grant of leave until 29th May 2018 is correct and you cannot be granted any further leave in this category from within UK.

Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Mon Apr 02, 2018 7:57 am

Dharmesh pandya wrote:
Sun Apr 01, 2018 11:23 pm

Sponsor note : Change in the work start date in relation to expiry of visa Work start Date - 16 March 2018 End Date - 15 March 2018

Work Dates
Start Date : 01 June 2018
End Date : 30 May 2020
Please note that I made a typing mistake in sponser note , work End Date is - 15 march 2020 in my CoS

And I also want add that my passport ( Indian) expiry date is Feb 2020 if it can be a reason for refusal.

Please guide me , your answer is much appreciated

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by vinny » Mon Apr 02, 2018 9:10 am

How long have you been in the UK under the Tier 5 (temporary worker) - religious worker subcategory?

They are saying that the maximum total period permitted in the UK under this category is two years.
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.
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Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Mon Apr 02, 2018 9:25 am

Thank you so much for response,
It will be 2 years in 29th may 2018 , as I came in uk in 29th may 2016. But on the gov. website they are saying you can extend T5 Religious worker visa before current visa expire , please check the link below.

https://www.gov.uk/tier-5-religious/extend-your-visa

And That's what I did as my visa was expiring in 15th march 2018 and that is the reason my employer did change the work start and end dates in cos, but gov. Only gave me 2 month visa to complete 2 yrs

I don't understand why they are saying I can not extend it even gov. Website says I can extend it ( link above)

What can I do ? 😢

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by CR001 » Mon Apr 02, 2018 9:39 am

It means you can extend if you have had a visa for LESS than two years, ie. for 1 year for example. The same link you posted also states that you can stay in the UK for a maximum of 24 months on this visa category.
How long you can stay
You’ll be given a visa to live and work in the UK for up to 24 months, or up to 28 days more than the time on your certificate of sponsorship. You may be sponsored for a shorter period.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Mon Apr 02, 2018 9:40 am

vinny wrote:
Mon Apr 02, 2018 9:10 am
tier-5-temporary-worker]religious worker[/url] subcategory?

Subcategory is Hindu priest (poojari)

Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Mon Apr 02, 2018 9:44 am

CR001 wrote:
Mon Apr 02, 2018 9:39 am
It means you can extend if you have had a visa for LESS than two years, ie. for 1 year for example. The same link you posted also states that you can stay in the UK for a maximum of 24 months on this visa category.
How long you can stay
You’ll be given a visa to live and work in the UK for up to 24 months, or up to 28 days more than the time on your certificate of sponsorship. You may be sponsored for a shorter period.
Thank you so much for making it more easier to understand, but can you please guide me that if I can apply again with the fresh application from india for the same company (hindu temple ) as hindu priest in same visa category T5 Religious worker , what's the possibilities If i do so ?

Dharmesh pandya
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Re: tier 5 religious worker visa extension refused (URGENT)

Post by Dharmesh pandya » Mon Apr 02, 2018 11:58 am

Please reply as soon as possible, we are very worried as we have not too much time to stay in uk
Your answers are quite helpful and it is really appreciated

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by The Station Agent » Wed Apr 04, 2018 11:46 am

Just in case no-one else noticed this: your sponsor's note seems to say the work has finished on March 15th 2018. I quote:

"Sponsor note : Change in the work start date in relation to expiry
of visa Work start Date - 16 March 2018
End Date - 15 March 2018"

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Re: tier 5 religious worker visa extension refused (URGENT)

Post by The Station Agent » Fri Apr 06, 2018 2:42 pm

The Station Agent wrote:
Wed Apr 04, 2018 11:46 am
Just in case no-one else noticed this: your sponsor's note seems to say the work has finished on March 15th 2018. I quote:

"Sponsor note : Change in the work start date in relation to expiry
of visa Work start Date - 16 March 2018
End Date - 15 March 2018"
My mistake - the error was noticed and amended to read 2020.

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