Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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bazbazbaz
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by bazbazbaz » Mon Mar 14, 2016 9:23 pm
Hi,
I've been in the UK for almost 2 years under Tier 2.
I applied to renew my visa last month (to stay under Tier 2 general).
I just got a letter that my Tier 2 application for leave to remain was refused. This is because I used the wrong Certificate of Sponsorship reference (I used my old CoS instead of the new one which ).
This is my error - but is this something it is possible for me to apply for administrative review on?
Thanks
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CR001
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by CR001 » Mon Mar 14, 2016 9:27 pm
If it is your error and you did not have a new CoS, unlikely admin review will be successful as HO has not really made a mistake in refusing have they.
Char (CR001 not Casa)
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bazbazbaz
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by bazbazbaz » Mon Mar 14, 2016 9:53 pm
My employer didn't give me the new number when I applied. What's the best thing to do?
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CR001
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by CR001 » Mon Mar 14, 2016 9:56 pm
Did you not ask your employer or communicate with them before you submitted your extension application? They should have known you needed a CoS for an extension.
Get the CoS and reapply. You will have to pay the visa fees and IHS surcharge again.
Do you still have a valid visa now?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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bazbazbaz
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by bazbazbaz » Mon Mar 14, 2016 10:00 pm
Yeah my visa is valid until 1 May.
No my employer didn't give the new CoS to me.
But they said they applied for it and got it.
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bazbazbaz
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by bazbazbaz » Tue Mar 15, 2016 9:24 am
Tier 2 General renewal rejected. Have been in UK for 2 years. Applied for visa renewal in January using my old certificate of sponsorship (I thought this was what I needed), not knowing that my employer had not created a certificate of sponsorship for me.
I have 14 days to apply for an administrative review. Can you help me understand the steps my employer needs to take? How quickly can my employer get a new CoS? Help?
Thanks
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ravisb_2014
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by ravisb_2014 » Tue Mar 15, 2016 9:47 am
I hope you are extending your Tier 2G Visa with same employer and same SOC code. You need a unrestricted CoS from your current employer.
First make sure, your employer already has unassigned Unrestricted CoS. If they don't have, then they need to request it from Home Office through SMS system. Once they have one, they can assign the CoS to you and you can apply for extension. Hope that helps.
Your admin review will be rejected as well as you can't use your old CoS.
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CR001
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by CR001 » Tue Mar 15, 2016 9:52 am
I have merged your two topics. Please keep your questions about the same application in this topic. See
Multiple Topics / Posts (click)Char (CR001 not Casa)
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bazbazbaz
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by bazbazbaz » Tue Mar 15, 2016 10:54 am
Ok. So probably what has to happen is my employer needs to request a new unrestricted CoS, then assign that to me when they get that, then I have to apply for leave again - because an appeal will probably fail?
How long does it typically take for a request for an unrestricted CoS to be approved?
Why would I have to pay for the health surcharge again if I already paid for it?
Thank you.
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CR001
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by CR001 » Tue Mar 15, 2016 11:09 am
bazbazbaz wrote:Ok. So probably what has to happen is my employer needs to request a new unrestricted CoS, then assign that to me when they get that, then I have to apply for leave again - because an appeal will probably fail? Yes, to all your questions
Why would I have to pay for the health surcharge again if I already paid for it? IHS has to be paid with each application you make. You will likely have received or will receive a refund of the IHS fee paid for your application that has been refused.
Thank you.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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bazbazbaz
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by bazbazbaz » Tue Mar 15, 2016 11:26 am
if I appeal and that fails, will I be able to apply again for a new extension visa?
I'm just wondering the timeline because leave expires 1 May so I need to sort out if I apply for standard service, or expedited service, or to try the appeal route first.
Any thoughts? Is it helpful to see a lawyer? Feel really lost, don't know how to tackle this.
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ravisb_2014
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by ravisb_2014 » Tue Mar 15, 2016 12:26 pm
If you already know your appeal will fail as it was your mistake, not HO. Why do you want to apply for admin review. Get uCoS from employer and apply asap.. But it's totally up to you what you want to do.
