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What happens if T2G switch is refused after curtailment ends

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

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

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rubyracer2
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What happens if T2G switch is refused after curtailment ends

Post by rubyracer2 » Fri Feb 17, 2017 12:14 am

So the timeline would be something like this

Loss of Employment => Curtailment Letter => Fresh leave application => Curtailment deadline ends => Leave application denied

In this scenario, does a T2G holder have to leave the country immediately? Or is he given a chance to make another application?

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Re: What happens if T2G switch is refused after curtailment

Post by vinny » Fri Feb 17, 2017 5:48 am

After Section 3C lapses, the applicant would be subject to 245HD(p).
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rubyracer2
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Re: What happens if T2G switch is refused after curtailment

Post by rubyracer2 » Fri Feb 17, 2017 1:32 pm

vinny wrote:After Section 3C lapses, the applicant would be subject to 245HD(p).
Hi vinny thanks for your reply.

If I read those links correctly, Section 3C leave will be extended post refusal till an Appeal or AR is pending. In this period , there is an option to make a fresh application.

Is this correct?

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CR001
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Re: What happens if T2G switch is refused after curtailment

Post by CR001 » Fri Feb 17, 2017 1:42 pm

If you appeal, you will have to withdraw your appeal before you can make a new application.
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Re: What happens if T2G switch is refused after curtailment

Post by vinny » Fri Feb 17, 2017 1:44 pm

Fresh application while an Administrative Review is pending wrote:When an administrative review is pending against refusal of an application, if a person submits a fresh application the administrative review will no longer be pending. This is because the Immigration Rules (Appendix AR 2.10) states that the administrative review will cease to be pending the day prior to the day on which the fresh valid application is submitted.
If a protection or human rights claim is made while an Administrative Review is pending the claim will have the affect of bringing the Administrative Review to an end.
Where an administrative review is no longer pending, section 3C leave comes to an end. Accordingly, where a fresh application is made after an administrative review has been refused it can be accepted because section 3C leave will have come to an end. Where the application is invalid the administrative review and the section 3C leave will not come to an end until such time as the application is accepted as being valid: see the invalid applications section for more information.
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.

rubyracer2
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Re: What happens if T2G switch is refused after curtailment

Post by rubyracer2 » Fri Feb 17, 2017 5:24 pm

Thanks Vinny and CR001, appreciate it

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