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Implication of putting in a new application after Administrative Review

Only for UK Tier 1 (Entrepreneur) points system

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

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OYEKOYA
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Joined: Sat Mar 14, 2020 9:33 am
Nigeria

Implication of putting in a new application after Administrative Review

Post by OYEKOYA » Sat Mar 14, 2020 9:52 am

Hi All,

I'm about to put in an administrative review on my Tier 1 Entrepreneur Visa extension refusal and would like to know the implication of putting in a new application after receiving the outcome of the administrative review (if unsuccessful).

Also, I will like to know the legal time frame to put in the application.

Thanks

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Implication of putting in a new application after Administrative Review

Post by marcnath » Sat Mar 14, 2020 10:36 am

OYEKOYA wrote:
Sat Mar 14, 2020 9:52 am
Hi All,

I'm about to put in an administrative review on my Tier 1 Entrepreneur Visa extension refusal and would like to know the implication of putting in a new application after receiving the outcome of the administrative review (if unsuccessful).

Also, I will like to know the legal time frame to put in the application.

Thanks
You will need to submit the new application within 14 days of the AR decision. So, if you anticipate that, you should start preparing documents, etc. in advance.

Implications are that you will be considered an overstayer from the date of refusal. It may have implications on your bank account, driving licence, etc. depending on how fast those organisations are informed and act on that information.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

OYEKOYA
Newly Registered
Posts: 3
Joined: Sat Mar 14, 2020 9:33 am
Nigeria

Re: Implication of putting in a new application after Administrative Review

Post by OYEKOYA » Sat Mar 14, 2020 1:57 pm

Thanks marcnath.

If I have a Tier 2 CoS, can I still apply to Switch after the AR review or i have to leave and reapply from outside the UK or can I apply for Tier 2 within the UK after the AR Review?

In addition, my partner who is a dependent on my visa is also working towards obtaining a Tier 2 CoS. While I understand she can't switch from a dependent to Tier 2, when is the best time for her to leave for her application? Before submitting the AR review or after receiving the outcome of the AR Review and will any overstay affect her application.

Thanks

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Implication of putting in a new application after Administrative Review

Post by marcnath » Sat Mar 14, 2020 3:56 pm

OYEKOYA wrote:
Sat Mar 14, 2020 1:57 pm
Thanks marcnath.

If I have a Tier 2 CoS, can I still apply to Switch after the AR review or i have to leave and reapply from outside the UK or can I apply for Tier 2 within the UK after the AR Review?

In addition, my partner who is a dependent on my visa is also working towards obtaining a Tier 2 CoS. While I understand she can't switch from a dependent to Tier 2, when is the best time for her to leave for her application? Before submitting the AR review or after receiving the outcome of the AR Review and will any overstay affect her application.

Thanks
The gov.uk website says
"You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.

You should apply before your current visa expires
."

So, no, I don't think you can apply within UK any more (since your current visa has expired)

A short overstay is unlikely to impact the new application
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

OYEKOYA
Newly Registered
Posts: 3
Joined: Sat Mar 14, 2020 9:33 am
Nigeria

Re: Implication of putting in a new application after Administrative Review

Post by OYEKOYA » Sat Mar 14, 2020 4:32 pm

Thank you very much

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