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Tier 2 Refused - Administrative review Refused - What to do next?

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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diego01
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Argentina

Tier 2 Refused - Administrative review Refused - What to do next?

Post by diego01 » Tue Aug 04, 2020 2:48 pm

Hello,

I'm new to the forum and I hope someone can give me any advice about my current situation.
We moved to the UK in 2015 under a Tier 2 (employer sponsored) visa. My job was and still is under
the shortage occupation list. The visa was valid for 5 years so. I follow the rules about when to apply for an extension, and I did it just before COVID-19 hit.

To make the story short, we did I mistake and applied using the same CoS number which of course got refused.

After that, my employer apply for a new CoS and we got one "READY TO GO" attached to my previous CoS as an extension. We then apply for the administrative review, which we got refused again because they didn't found any new CoS for me.

The problem was that the CoS has all my information attached but it was not actually assign to me. After some looking around, my employer found that there is an extra step to do, to actually assign the CoS.

We got the new CoS now, with the number an everything. So, we went again for an Administrative Review,
which again was refused but this time not because the CoS is wrong. It was refused because my last administrative review was refused with the same reason that my original application, so they only accept a second review if the reason was different.

At this point I'm pretty desperate about what to do. We moved here 5 years ago (me and my wife). We left everything and we were going to apply for ILR after having the 5 years living the UK.

Anyone have an advice on what to do next.

Not sure if it help in anyway but, I became an Italian citizen a couple of months ago (it's a long process that I started back in 2015 in Argentina). I'm currently waiting for some papers from Italy to actually get my passport done.

Any idea/advice will be appreciate.
Cheers.

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CR001
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Re: Tier 2 Refused - Administrative review Refused - What to do next?

Post by CR001 » Tue Aug 04, 2020 2:55 pm

When did your visa expire?

Why didn't you apply for ILR when you reached 5 years? There was no need to apply for an extension.

If you are Italian and have proof, you can all apply for pre-settled status, which will be a new 5 year route to settled status. There is no application fee for this under Appendix EU.

You should post these EU citizen questions in the sub forum link below.

https://www.immigrationboards.com/eea-r ... lications/
Char (CR001 not Casa)
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diego01
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Posts: 5
Joined: Tue Aug 04, 2020 9:17 am
Argentina

Re: Tier 2 Refused - Administrative review Refused - What to do next?

Post by diego01 » Tue Aug 04, 2020 10:07 pm

Hello,

The visa expired on June 2020. We applied for the extension and got the appointment for the biometrics on April. Because of COVID-19, we got an extension and everything got cancelled and re-book.

The reason for the extension is that the visa was for 5 years, but we moved here two months after the start date. So the visa expired in June and the 5 years (living here) were in August.

I'm going to post more information about the Italian citizenship and the problem that I have in the sub forum.

Thanks!

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CR001
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Re: Tier 2 Refused - Administrative review Refused - What to do next?

Post by CR001 » Wed Aug 05, 2020 5:19 am

For ilr your qualifying time starts from the date your visa was issued initially and NOT the date you entered the UK.
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.

diego01
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Posts: 5
Joined: Tue Aug 04, 2020 9:17 am
Argentina

Re: Tier 2 Refused - Administrative review Refused - What to do next?

Post by diego01 » Wed Aug 05, 2020 8:02 am

Hello,

I didn't knew about that. Most of the information tell you "it's 5 years living in the UK", which I assume started the day we enter the UK.

We contact a lawyer yesterday and we are waiting for a call today to see what are the options.
Thanks for the information and the help, I will keep you post if we manage to get a solution.

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CR001
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Re: Tier 2 Refused - Administrative review Refused - What to do next?

Post by CR001 » Wed Aug 05, 2020 8:05 am

Char (CR001 not Casa)
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