Post
by AJo-04 » Thu Sep 24, 2020 10:13 am
We had applied for a Tier 2 Visa which has been rejected due to the following reasons:
On 09th October 2019, you were included as a dependent partner on a Leave to Remain application under Family / Private Life 10 Year route. This application was refused on 27th November 2019 with an Administrative Review. You have declared this refusal on your current application. You submitted an Administrative Review on 12th December 2019. On 11th June 2020 our decision was maintained. You voluntarily departed the UK on 21st July 2020. You overstayed for 39 days.
You are subject to a 12 month re-entry ban from the date you last left the UK, i.e. on 21st July 2020 Your re-entry ban will expire on 21st July 2021.
Your application is therefore refused under paragraphs 320(7B) (a) and 245HB (a).
A bit of a background on our situation:
Prior to this our T5 Entrepreneur visa had expired on 09-Oct-19 after which we applied for a LTR PL application based on advice from our barrister as the business had to be sold due to exceptional circumstances and was not eligible to apply via the ILR route. This was rejected (which the case worker has outlined above) following which we appealed the decision. The decision was maintained in court and then we have further appealed on the 22-Jun-20 to the Upper Tribunal (which the case worker has NOT mentioned above).
Meanwhile my wife's employer agreed to sponsor her on a T2 visa and we were asked to make an application from our home country(India) as the previous visa expired in Oct-19. Based on the reasons stated in the rejection, my wife's employer’s lawyer deemed this as a totally unacceptable reason to reject the visa as we were unable to travel due to the pandemic and travel restrictions. He has submitted an admin review on 09-Sep-20 giving UKBA details of our Appeal to the Upper Tribunal and that we were unable to travel due to the Covid-19 restrictions/lockdown.
Can anyone please share some thoughts on our situation? Id like to think we have done the right thing via admin review submission as everything rests on this decision. (i.e. My wife's work, my business and my children's schooling etc).
Thank you for your time.