Visa Expires still waiting for Tier 2 sponsor Licence

Post by **manci** » Mon Dec 03, 2012 7:12 pm

Sushdmehta, Geenie

I received the following clarification from HO Migration Policy (Sheffield):

"the requirement for an applicant switching from Tier 4 to Tier 2 to have current valid leave overrides the general rule relating to the 28 day period. A switching application would be refused if they did not have current leave."

However, I still think that the addition of sub-clause (p) introduced an ambiguity into 245HD and if a judge also thinks so he/she is likely to rule in the migrant's favour on appeal.

Post by **manci** » Wed Dec 05, 2012 11:47 am

manci wrote:Sushdmehta, Geenie

I received the following clarification from HO Migration Policy (Sheffield):

"the requirement for an applicant switching from Tier 4 to Tier 2 to have current valid leave overrides the general rule relating to the 28 day period. A switching application would be refused if they did not have current leave."

However, I still think that the addition of sub-clause (p) introduced an ambiguity into 245HD and if a judge also thinks so he/she is likely to rule in the migrant's favour on appeal.

There is further confirmation that 245HD(p) does not apply to migrants switching from T4 to T2G:
http://www.ukba.homeoffice.gov.uk/sitec ... r-1oct2012

Post by **manci** » Thu Mar 14, 2013 6:30 pm

Sushdmehta, Greenie

What I reckoned was an ambiguity/conflict between the present 245HD(b)(ii) and 245HD(p) has been recognised/resolved in the Statement of Changes laid before Parliament today, coming into effect on 6 April:

53. In paragraph 245HD(b)(ii), delete “have current entry clearance, leave to enter or leave to remain which has not expired, as:” and substitute “have, or have last been granted, entry clearance, leave to enter or leave to remain as:”.

So 245HD(p) prevailed!

Post by **vinny** » Sat Mar 16, 2013 8:13 am

kkhan007 wrote:Dear all

My visa has been refused from T4 to T2 G coz I applied my visa 15 days after my T4 leave expires. I gain all the 70 points but my refusal letter said your visa has been refused on "Non Point Reason of refusal" (245HD(b)).

UKBA keep my documents including passport , what is the best suggestion in this situation.

manci wrote:have you been given right to appeal?

what was the date of your application?

kkhan007 · Post by **kkhan007** » Sat Mar 16, 2013 11:56 am

manci wrote:have you been given right to appeal?

what was the date of your application?

[/quote]

There is no appeal right and I submitted my Application on 28-Nov-2012

ataman · Post by **ataman** » Sat Mar 16, 2013 2:07 pm

After reading this topic I am confused if i am able to switch from tier 4 to tier 2 within 28 days of getting refusal. I have a right to appeal I am thinking of appealing just to try my luck because it was my sponsors mistake. My solicitor told me that we have a chance to make ukba re consider my application if judge agrees with that.

Post by **manci** » Sat Mar 16, 2013 2:08 pm

Kkhan007:
could you please post the text of the refusal letter omitting personal data

kkhan007 · Post by **kkhan007** » Sat Mar 16, 2013 2:34 pm

manci wrote:Kkhan007:
could you please post the text of the refusal letter omitting personal data

Non-Points Scoring Reason of Refusal:

Sponsorship 30 point awarded
Appropriate salary 20 points awarded
English Language 10 points awarded
Maintanence funds 10 points awarded

You do not Satisfy the requirements of the immigration rules for this category and it has been decided to refuse your applicaion for leave to remain as a Tier-2(General) Migrant under paragraph 245HD of immigration rules as you do not meet the requirement at paragraph 245HD(b)

Post by **manci** » Sat Mar 16, 2013 5:39 pm

the entire refusal letter please

kkhan007 · Post by **kkhan007** » Sun Mar 17, 2013 6:01 pm

manci wrote:the entire refusal letter please

I scanned refusal letter but i couldn't find any option to attach that letter; it is like 3 a4 size pages.

Is it possible I ask my company to give me restricted CoS to apply from my home country(Pakistan); What will be the salary criteria in that case and how long will it take to get visa from Pakistan??? thanks

kkhan007 · Post by **kkhan007** » Sat May 18, 2013 10:52 am

kkhan007 wrote:
manci wrote:the entire refusal letter please
I scanned refusal letter but i couldn't find any option to attach that letter; it is like 3 a4 size pages.

Is it possible I ask my company to give me restricted CoS to apply from my home country(Pakistan); What will be the salary criteria in that case and how long will it take to get visa from Pakistan??? thanks

Finally get visa even though I didn't have appeal right. Thank guyzz for your help.

bagia87 · Post by **bagia87** » Tue Jan 28, 2014 5:14 pm

HI Kkhan007
My Name is Brij, I need your help regarding the Tier 2 General, I have been refused tier 2 general on the grounds that I do not meet Immigration rule 245HD(b) & (d), they says my continuous leave is broken because I went on PSW visa and did not continue TIer 4 category. could u email me asap on bagia_brijesh@live.co.uk
thanks
brij

Immigrationboards.com: Immigration, work visa and work permit discussion board

Visa Expires still waiting for Tier 2 sponsor Licence

Leave Granted

Re: Visa Expires still waiting for Tier 2 sponsor Licence