Tier 2 - Administrative Review - Decision.

Hi all,

I am emailing on behalf of a client who has applied for Tier 2 visa (they are from the USA). They were working in the UK for 1 year and towards the end of their first Tier 2 Working Visa they applied for a transfer of employment sponsorship on a Tier 2 Visa which expired in November 2018. However, THE DAY BEFORE THE VISA EXPIRED the company said they’ve changed their mind and cancelled the sponsorship certificate and visa application mid application and the client had to fly home as per visa rules back to the USA. The client came back to the UK and applied for another employment to get sponsored. They got a job above the salary threshold, the employment advertised according to the rules and applied for a certificate of sponsorship for my client and they got approved straight away. We then phoned the Home Office multiple times (paying £1.50 for the enquiry per time by credit card!) asking if the 12 month colling opff period is applicable for my client. All 3 times they said no, due to the circumstances it is not applicable otherwise they wouldn’t have got the certificate of sponsorship. My client flew back to the USA, applied for the Tier 2 visa on a premium service, and 48 hours later got DECLINED. Reason being, the 12 month cooling off period.

Within 14 days of the visa being declined we applied for an Administrative Review (it said in the refusal letter we can apply for one, but it had no instructions how or who to contact). So we contacted the home office who advised we should email it. We included the reasons of the previous company messing up the transfer of sponsorship and cancelling it last minute, the phone calls to the home office confirming 3 times the 12 month cooling off period was not applicable to them and finally the fact the certificate of sponsorship was approved when applied for.
This was on Feb 5th 2019 we applied for this. We got an automatic email saying we have 28 days to get a response. Over 28 days has passed and on 1st March we sent a chase email to see what is going on. We got a response on 3rd March saying they are making some more enquiries but will 100% have a decision by 18th March 2019. Today 4th March we got a decision letter, but it was for the visa dated back in 2017! Why would they attach the incorrect cases letter from years ago?

Has anyone had this before? This is becoming a bit of a nightmare and we have had nothing but miscommunication, wrong information and this has been going on since December now. Please help?

Unless the applicant was offered a salary in excess of £159k, he would subject to the 12 months cooling off period if he left the UK to apply from his home country.

This would not apply if a) he returned and was not admitted as a visitor and b) applied within the UK once he got an unrestricted Cos.

As HO did not make an error, AR will likely fail.

The call centre is outsourced and well known for giving incorrect information.

CR001 wrote: ↑

Mon Mar 04, 2019 5:21 pm

Unless the applicant was offered a salary in excess of £159k, he would subject to the 12 months cooling off period if he left the UK to apply from his home country.

This would not apply if a) he returned and was not admitted as a visitor and b) applied within the UK once he got an unrestricted Cos.

As HO did not make an error, AR will likely fail.

The call centre is outsourced and well known for giving incorrect information.

Hi thanks for getting back to me. Would this still apply if there's evidence that a company (during her valid Tier 2 visa still in the UK) applied for a certificate of sponsorship (she was transferring employment) and then due to funds (the company was having financial issues) withdrew the job 1 day before her visa was due to expire and she had no choice but to leave so she did not get deported? As the application was made in the right time frame but it was at fault of the company she left and had put herself in the 12 month cooling off period bracket?

The 12 month period does still apply unfortunately.

Hi all,

I am a US citizen who applied for a Tier 2 sponsorship visa outside of the UK. My visa was declined early January 2019. I decided 2 weeks later (I had 28 days to do so) to apply for an administrative review. I was told it would take 28 days to process and get a decision. This then got extended to the 18th March 2019 and I was told a final decision would be on that day.

I got an email this morning s(19th March 2019) saying my administrative review has been completed and returned to the decision making centre in Sheffield, UK to be dispatched to me. They are unable to provide me any further details of the review and it has been requested the decision making centre contact me ASAP.

What does this mean? I am unsure if this means I got my visa rejection overturned or when I will get the outcome as it's not been made clear to me at all? If someone can please help me that would be great.

I am a US citizen who applied for a Tier 2 sponsorship visa outside of the UK. My visa was declined early January 2019. I decided 2 weeks later (I had 28 days to do so) to apply for an administrative review. I was told it would take 28 days to process and get a decision. This then got extended to the 18th March 2019 and I was told a final decision would be on that day.

It is usually within 14 days of refusal that AR has to be filed not 28 days.

I got an email this morning s(19th March 2019) saying my administrative review has been completed and returned to the decision making centre in Sheffield, UK to be dispatched to me. They are unable to provide me any further details of the review and it has been requested the decision making centre contact me ASAP.

What does this mean? I am unsure if this means I got my visa rejection overturned or when I will get the outcome as it's not been made clear to me at all? If someone can please help me that would be great.

AR will likely fail as the 12 month cooling off period does apply and as that appears to be the reason for refusal, HO made no error in refusing either.

CR001 wrote: ↑

Tue Mar 19, 2019 4:00 pm

I am a US citizen who applied for a Tier 2 sponsorship visa outside of the UK. My visa was declined early January 2019. I decided 2 weeks later (I had 28 days to do so) to apply for an administrative review. I was told it would take 28 days to process and get a decision. This then got extended to the 18th March 2019 and I was told a final decision would be on that day.

It is usually within 14 days of refusal that AR has to be filed not 28 days.

My refusal document clearly stated I had 28 days to file my AR, not 14. I also called them to confirm and they said that was fine.

AR will likely fail as the 12 month cooling off period does apply and as that appears to be the reason for refusal, HO made no error in refusing either.

That wasn't what I was asking, I was asking more how long should it be until I hear the official decision from HO?

It can take a couple of weeks, sometimes up to 3 months after AR.

After some resistance, fighting my case and even getting my local MP involved to help, my visa got approved! It's nice to know this forum is clearly misleading people and giving the wrong advice. I won't be using this again!

We do of course offer advice per the immigration rules, which clearly states :

https://www.gov.uk/guidance/immigration ... sed-system

245HB. Requirements for entry clearance
To qualify for entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 84A of Appendix A.
(c) If applying as a Tier 2 (Minister of religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A.
(d) If applying as a Tier 2 (sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
(e) The applicant must have a minimum of 10 points under paragraphs 1 to 18 of Appendix B.
(f) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.

So unless there were any particular details you failed to state for 'yourself or your client', the advice that was given follows the same above.