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Tier 2 refused due to mistake, advice needed

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

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rcooper12
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Tier 2 refused due to mistake, advice needed

Post by rcooper12 » Wed Feb 24, 2016 1:29 pm

Hi,

My Tier 2 visa was refused for insufficient pay and I plan on having my employer issue a new CoS and reapply very soon. I was wondering if I am allowed to continue working while my new application is being considered. I applied to switch from my Tier 4 to a Tier 2 before it expired, so I wanted to know if I reapply within the given timeframe, if I can continue working. Thank you very much.

iworker
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Re: Tier 2 refused due to mistake, advice needed

Post by iworker » Wed Feb 24, 2016 3:29 pm

you can not if your tier 4 has expired.

rcooper12
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Re: Tier 2 refused due to mistake, advice needed

Post by rcooper12 » Mon Feb 29, 2016 11:28 am

Hi,

Thank you for your reply. I got an administrative review because they attributed the wrong SOC code to my application, but I now realise that the CoS code has 40 hours instead of 39 hours, so I expect my application will be refused again regardless of their mistake. I will make a new application but I wanted to know how that would work while I am awaiting the answer to my administrative review. Additionally, the home office still has my passport, so I don't know if that will affect my application. How should I best proceed? Thank you very much.

manci
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Re: Tier 2 refused due to mistake, advice needed

Post by manci » Mon Feb 29, 2016 2:15 pm

from immigration Rule 34X:
An application for administrative review which has not been determined will be treated as withdrawn if the applicant makes an application for entry clearance, leave to enter or leave to remain.

If your T4 leave already expired you can only make a new in-country T2 application (with a new CoS) within 28 days of the refusal. You are not allowed to work

If your T4 leave has not expired yet you can work under the terms of the T4 visa.

rcooper12
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Re: Tier 2 refused due to mistake, advice needed

Post by rcooper12 » Mon Feb 29, 2016 4:07 pm

Hi,

Thank you for your response. I have a few more questions to ask before I proceed:

1. Can I use the International Health Surcharge from my refused application on my new application?
2. Can I use the premium service in London if my passport is still at the office in Sheffield?

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CR001
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Re: Tier 2 refused due to mistake, advice needed

Post by CR001 » Mon Feb 29, 2016 5:13 pm

1. You have to pay the surcharge with each application you make. You should get a refund of the IHS you have already paid for the refused application.

2. You could, but they won't decide your application on the day because your documents are not available. You should not use the in person option if you do not have a valid visa.
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.

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Casa
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Re: Tier 2 refused due to mistake, advice needed

Post by Casa » Sat Jul 23, 2016 8:41 am

GMO wrote:Hi!

If the Visa get refused and have to re-apply with new COS then can my employer immediately issue me a COS?
(FYI they are allocated to assign another 2 new UCOS)

Or

They have to apply again to UKVI through SMS and the refusal letter to allocate a new COS urgently.

Please HELP.

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Please don't tag your questions onto other members threads. Continue in your own thread http://www.immigrationboards.com/uk-tie ... 13077.html
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