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Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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SagarKale
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Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Post by SagarKale » Sat Nov 09, 2019 8:38 am

Hi,

I had applied for a Tier 2 switch before my Visa expired. There was a mistake in working hours and length of the Visa applied for in CoS hence my application got refused. But during this process, my initial Tier 4 Visa was expired.

Can I still apply for a new Visa with the amended CoS? And if I can what should I enter my as my Visa end date?

Kind regards,
Sagar

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Zerubbabel
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Re: Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Post by Zerubbabel » Sat Nov 09, 2019 6:02 pm

Hello

To summarize:

- You have a Tier 4 visa that expired now

- You applied for a Tier 2 before the expiration of the Tier 4 but the Tier 2 application ended up with a refusal


If you are in the UK now, you have no valid leave/visa. Is that correct?

SagarKale
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Re: Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Post by SagarKale » Sat Nov 09, 2019 6:37 pm

Hi,

Yes, I don't have a Visa because my Visa expired on 30th October. But I am not an overstayer because I am in application decision cool off period which is 14 days. I need to apply again with the amended CoS.

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CR001
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Re: Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Post by CR001 » Sat Nov 09, 2019 6:57 pm

But I am not an overstayer because I am in application decision cool off period which is 14 days.
You are an overstayer with no legal status in the UK. You are misunderstanding the 14 day period, which is only to submit a new application within that time. The 14 days does not give you section 3C protection and you will remain an overstayer until such time as a visa is approved.
I need to apply again with the amended Cos.
You can't amend the previous CoS. Your sponsor has to request a new CoS.
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.

SagarKale
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Re: Reapplying for Tier 4 switch to Tier 2 after refusal and Tier 4 Visa now expired

Post by SagarKale » Sat Nov 09, 2019 7:19 pm

Hi,

Thanks for the information. But this does not answer my original question.. will I be able to apply again within this 14 days period as a switch?

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