Request experts to please comment.

7mountains wrote:Hi,

I would kindly request experts in this forum to share their thoughts. I would like to know if I would be denied entry clearance if I apply for Tier-2 General Visa from India. I am new to this forum. Registered my account a few minutes ago.

Please find below my Immigration History. Your thoughts/ opinions would be highly appreciated.

Immigration History in the UK

1. On 26th September 2011, I was granted Leave to Enter the United Kingdom as a Tier 4 (General) Student until 30th January 2013. On 18th January 2013 I made a combined application for leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant under the Points Based System, and for a Biometric Residence Permit (BRP).

2. On 24th September 2013, I attended an interview relating to my Tier 1 Application. On 30th January 2014 this application was refused by Secretary of State. A decision that I subsequently appealed.

3. Following the appeal, I attended Notice of Hearing at the local court on 30th May 2014. I also attended Case Management Review (CMR) on 19th August 2014, 27th October 2014 and 13th January 2015.

4. On 16th January 2015, I sent an email to Her Majesty Tribunals and Courts requesting to withdraw my Tier 1 Entrepreneur Appeal. The request was processed on the 21st January 2015, however due to postal delays I received the withdrawal confirmation letter only on February 7th 2015.

5. On 9th February 2015, I submitted a combined application for leave to remain in the United Kingdom as a Tier 2 (General) which was sponsored by my employer under the Points Based System and for a Biometric Residence Permit (BRP). Out-of-leave application.

6. On 17th March 2015, my Tier-2 General visa was refused by the Secretary of State with no right of appeal and I was asked to leave the United Kingdom with immediate effect. The Tier-2 General Visa was refused due to a mistake in the salary specified by my employer in the Certificate of Sponsorship.

7. On 17th March 2015, I communicated with the Voluntary departures team on 0300-004-0202 to express my willingness to leave the United Kingdom as soon as possible and requested them to return my passport as it was being held with UKVI. I departed UK on the 4th April voluntarily without any public/ government assistance. This was the date UKVI submitted my passport in London Heathrow.

8. I intend to reapply from India for a Tier -2 General Visa, as my employer has requested for a new Restricted Certificate of Sponsorship and has mentioned the correct salary details in the Certificate of Sponsorship.

I would like to know if my Application would be rejected automatically for overstaying based on general grounds of refusal for entry clearance. The Policy document “General grounds for Refusal – Section 2 of 5: Considering Entry Clearance Version 20.0 , page 27 states that you must refuse their application , unless they overstayed for 90 days or less and left the UK voluntarily. I have not overstayed for more than 90 days. I would like to know when my overstaying period started, if so is it 28 days or 90 days that I would be subject to for refusing entry clearance. Part 9a of immigration rules also state that entry clearance would be refused only if you overstay 90 days or more. Please shed some light.

the passage you quote only applies to those who previously breached UK Immigration Rules. From your immigration history it seems that you haven't and if you have a restricted CoS and provided your application for entry clearance meets all the T2G requirements there shouldn't be any grounds for refusing it.

7mountains wrote:Thanks Manci for taking your valuable time to review my long post and provide your valuable feedback. Really appreciate it. I just have one question. Because my out-of-leave Tier 2 application got refused, will my overstaying period be calculated from 21st January 2015(Tier -1 Appeal withdrawal date) or Tier -2 application refusal date i.e. 17th March 2015.
after you withdrew your appeal you applied for T2G leave within 28 days and this doesn't have any adverse immigration consequences. When the T2G application was refused you left the UK promptly and voluntarily, also within 28 days which didn't breach any rules either.

Your prompt response would be very much appreciated.

Thanks in Advance.