Visa extension if ILR gets rejected

[garrick]

Thanks Zimba. Is administrative review same as judicial review? What is the difference? What will be my last option if admin review is failed.

Sorry if I am annoying you. I hope you can understand my situation. I have not slept since last 30 hours!!

[zimba]

Thanks Zimba. Is administrative review same as judicial review? What is the difference? What will be my last option if admin review is failed.

Sorry if I am annoying you. I hope you can understand my situation. I have not slept since last 30 hours!!

Administrative review is used when you believe there was an administrative error made in the decision. The immigration rules allow you to request a review of your decision again after a refusal. You are simply asking the UKVI to look at the decision once more and see if they made an error. Mistakes do happen and AR allows a swift and easy way of rectifying such mistakes. This should be your first move. Note that this is not a legal process and you cannot add extra evidence.

If it turns out that you failed to qualify or did not send the correct documents, you may choose to apply again or apply for a new visa.

Judicial review on the other hand, is a type of legal proceeding in which a judge reviews the lawfulness of a decision or action made by a public body like the Home Office. You might think of this as suing the home office for doing something unlawful. This is part of the administrative law in the UK and has nothing to do with immigration rules. As this has nothing to do with the laws governing immigration, any time spent pursuing it will not be considered lawful stay. An immigration judge will look at all the evidence to determine if the home office acted unlawfully in your case. This is a lengthy and expensive process, requires proper legal support of a lawyer and should only be used as the last resort.

[garrick]

thanks again Zimba. One last question- what is PAP - Pre action protocol? Will it help?

[manci]

The OP's super priority ILR application was rejected, not refused. The HO asked for two additional documents: marriage certificate and utility bills which would point to wanting to check compliance with relationship requirements.

@garrick - did you include your dependants in your ILR application even though they don't seem to be eligible for ILR? If you did, and this was the reason for the rejection, you can still vary your application as no decision has been taken on it yet.

[CR001]

The OP's super priority ILR application was rejected, not refused. The HO asked for two additional documents: marriage certificate and utility bills which would point to wanting to check compliance with relationship requirements.

@garrick - did you include your dependants in your ILR application even though they don't seem to be eligible for ILR? If you did, and this was the reason for the rejection, you can still vary your application as no decision has been taken on it yet.

The OPs spouse has their own tier 2 general visa. The OPs child is OPs dependent and OP apllied for a visa extension as gtv dependent recently.

[zimba]

The OP's super priority ILR application was rejected, not refused. The HO asked for two additional documents: marriage certificate and utility bills which would point to wanting to check compliance with relationship requirements.

@garrick - did you include your dependants in your ILR application even though they don't seem to be eligible for ILR? If you did, and this was the reason for the rejection, you can still vary your application as no decision has been taken on it yet.

His application is indeed refused and given the notice to apply for AR. He has no pending application to vary. OP applied for a Tier 1 Global Talent visa and their spouse seems to be under Tier 2 general visa on their own. At least his ILR under Tier 1 GT route has no relevance to his relationship but maybe the OP can provide more details on his relashinship.

[zimba]

thanks again Zimba. One last question- what is PAP - Pre action protocol? Will it help?

That is to start judicial review. I repeat that you should stick to AR for now

[manci]

His application is indeed refused and given the notice to apply for AR.

@garrick - tou only posted an extract from the HO communication you received:

Your application for ILR with the URN number XXXXX is rejected as per home office guidelines for not meeting required documentation and due to lack of sufficient information. You have 14 days to apply for review if you think this decision is not as per your expectation. You may consult your immigration solicitor for further guidance. You have to leave the country post 14 days period if you wish not to proceed for review”

After this they have mentioned steps for review and other general stuff.

Was Administrative Review explicitly mentioned under "steps for review"?

[vinny]

I suggest keeping calm. This might be an error on their part that can be rectified in a simple administrative review. If you apply for AR, section 3C protects you and you remain a lawful resident until then AR is concluded. You can keep working as normal and stay without any issues so do not worry at all.

You must now apply for administrative review within 14 days and explain that you provided all the evidence and qualify as per rules and the decision to refuse is incorrect. Going for an extension under-skilled worker route is not recommended at the moment as you seem to be eligible for ILR and that will reset your ILR clock. So first step is AR for now.

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

Apply here to AR: https://visas-immigration.service.gov.u ... ive-review

Agree. AR within the time limit is the sensible first step. If documents were missing, then also ask them to clarify what documents were missing?

[manci]

. AR within the time limit is the sensible first step.

Only if the application has been refused which, to me, is unclear.

The OP, who has been particularly unhelpful providing information, has not confirmed that he was offered AR which would be an indication of refusal.

If documents were missing, then also ask them to clarify what documents were missing?

The OP stated that the HO asked for marriage certificate and utility bills which led me to the supposition that he may have messed up his ILR application by including his spouse who is unlikely to be eligible for ILR.

[vinny]

It says and I quote “ Your application for ILR with the URN number XXXXX is rejected as per home office guidelines for not meeting required documentation and due to lack of sufficient information. You have 14 days to apply for review if you think this decision is not as per your expectation. You may consult your immigration solicitor for further guidance. You have to leave the country post 14 days period if you wish not to proceed for review”

After this they have mentioned steps for review and other general stuff.

Please guide me. I am feeling helpless.Can I talk to any admin please.

If “reject” and “refuse” mean the same thing, then it seems like they had refused and included an option for an AR?

If he had included his wife in his ILR application, then they may have refused her but not necessarily him?

I submitted application for ILR on 22nd Nov. documents submitted were : Tech nation endorsement, letter from employer stating earning, 6 months bank statement and payslips, P60 , tax statements, employment contract, Naric letters

There does not seem to be any documents that relates to

Knowledge of life in the UK requirement for settlement by a person on the Global Talent route

GT 14.1. The applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

He should really go through the Rules and Guidance to see what else he may have missed.

@zimba, I have given my full immigration history above. You do not need any crystal ball!! Please be sensitive while replying or giving any such statement. You do not know what I am going through at the monent.

Please don’t expect people to have to trawl your posts to extract the answers to the questions that they have asked. Make it easy for people who are trying to help, not more difficult.

[zimba]

. AR within the time limit is the sensible first step.

Only if the application has been refused which, to me, is unclear.

The OP, who has been particularly unhelpful providing information, has not confirmed that he was offered AR which would be an indication of refusal.

If documents were missing, then also ask them to clarify what documents were missing?

The OP stated that the HO asked for marriage certificate and utility bills which led me to the supposition that he may have messed up his ILR application by including his spouse who is unlikely to be eligible for ILR.

The clue is in the 14 days window and the fact that UKVI tells him that he needs to apply for a review if he is unhappy with the decision. They then provided him with the steps to apply for review. They also tell him that he has to leave the country if they wish not to go for AR. There is no difference between rejected and refused as far as I see.

I am reposting what he posted again:

It says and I quote “ Your application for ILR with the URN number XXXXX is rejected as per home office guidelines for not meeting required documentation and due to lack of sufficient information. You have 14 days to apply for review if you think this decision is not as per your expectation. You may consult your immigration solicitor for further guidance. You have to leave the country post 14 days period if you wish not to proceed for review”

After this they have mentioned steps for review and other general stuff.

Please guide me. I am feeling helpless.Can I talk to any admin please.

[manci]

[*]The HO may have changed the wording of refusal letters but the ones I have seen were worded like this:
Your application has been refused for the reasons set out in .......[the reasons always referred to specific immigration rules] ....... You can apply for administrative review

If “reject” and “refuse” mean the same thing

I may be wrong but I don't think that "reject" and "refuse" mean the same thing.

I was asked for marriage certificate and joint utility bill copy as additional document which i sent it immediately.

If in this case a decision to refuse had been made why is the HO asking for additional documents?

As we haven't seen the HO letter it is not clear if the OP has or hasn't complied with all validity requirement but the rules provide:
GT 8.4. An application which does not meet all the validity requirements for settlement on the Global Talent route is invalid and may be rejected and not considered.

[zimba]

As far as I know, an invalid application is treated as if such application was never made, so there is no 14 days to apply for an administrative review at all

[vinny]

Invalid applications:

34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.

34B

• (1) Where an application for permission to stay does not meet the requirements of paragraph 34(1) to (9), or the validity requirements for the route under which they are applying, the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State within the timescale specified in the notification.
• (2) Where an applicant does not comply with the notification in paragraph 34B(1), or with the requirements in paragraph 34G(4), the application is invalid and will not be considered unless the Secretary of State exercises discretion to treat an invalid application as valid and the requirements of paragraph 34(3) and (5), or a requirement to pay a fee and provide biometrics has been met
• (3) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules

.

However, after the simplification, A34

Paragraphs 34 and 34A do not apply to an application made under the following:

• Appendix V: Visitor
• Appendix S2 Healthcare Visitor
• Appendix Student
• Appendix Short-term Student
• Appendix Child Student
• Appendix Parent of a Child Student
• Appendix Skilled Worker
• Appendix Intra-Company routes
• Appendix T2 Minister of Religion
• Appendix International Sportsperson
• Appendix Representative of an Overseas Business
• Appendix UK Ancestry
• Appendix Global Talent
• Appendix Start-up
• Appendix Innovator
• Appendix Temporary Work - Seasonal Worker
• Appendix Youth Mobility Scheme
• Appendix Temporary Work - Creative Worker
• Appendix Temporary Work - Religious Worker
• Appendix Temporary Work - Charity Worker
• Appendix Temporary Worker-International Agreement
• Appendix Temporary Work - Government Authorised Exchange
• Appendix Service Providers from Switzerland
• Appendix Hong Kong British National (Overseas)
• Appendix EU.

prevents 34 and 34A from applying under the above categories. If 34A does not apply, then does 34B apply? Was duplicating and scattering common requirements of the rules an improvement?

GT 1.6.

An application which does not meet all the validity requirements for the Global Talent route is invalid and may be rejected and not considered.

and GT 8.4.

An application which does not meet all the validity requirements for settlement on the Global Talent route is invalid and may be rejected and not considered.

now provides no obligations for caseworkers to give applicants an opportunity to correct a validity error within a specified timescale. But my guess is that they may do so.

GT 1.6. and GT 8.4. did use the word “rejected” for an invalid application.

Moreover,

The IHC is refunded if an application for entry clearance or limited leave to remain is:

• refused
• rejected
• withdrawn
• void

seems to imply that there may indeed be a difference between the words in the above list?

See also How new visa rules on invalidity will create more overstayers
Court of Appeal game-changer for validity and continuous residence

[manci]

As far as I know, an invalid application is treated as if such application was never made, so there is no 14 days to apply for an administrative review at all

Even though, as far as we know, the words "invalid" and "administrative review" don't appear in the communication the OP received from the HO, and referring to @vinny's analysis of the issues surroundng invalidity, I think the HO, rightly or wrongly, just followed the path set out in 34B(1):

Where an application for permission to stay does not meet the requirements of paragraph 34(1) to (9), or the validity requirements for the route under which they are applying, the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State within the timescale specified in the notification.

[zimba]

That is evidential flexibility. There is nothing that points to the validity requirement failures in the OP's application. The OP seems to have provided the documents asked. So where does he fail ?

[vinny]

It says and I quote “ Your application for ILR with the URN number XXXXX is rejected as per home office guidelines for not meeting required documentation and due to lack of sufficient information. You have 14 days to apply for review if you think this decision is not as per your expectation. You may consult your immigration solicitor for further guidance. You have to leave the country post 14 days period if you wish not to proceed for review”

After this they have mentioned steps for review and other general stuff.

Please guide me. I am feeling helpless.Can I talk to any admin please.

If there was no further information about the nature of the required documentation and lack of information, then the quote was too vague to help.

The steps for review and other general stuff may give us a clue on the type of review and whether the application was rejected on invalidity grounds or refused on other grounds.

[garrick]

Hi team, Is there any home office email id for following on status of ILR application. Currently telephone number 0300 790 6268 just plays generic automated message without any option to speak to agent.

[zimba]

Hi team, Is there any home office email id for following on status of ILR application. Currently telephone number 0300 790 6268 just plays generic automated message without any option to speak to agent.

Your application has been refused/rejected as you reported. What status update do you need ? Did you apply for an AR ??

[garrick]

@Zimba, this query is for my friend, not for my case.

[zimba]

There is no way to get a status update. Your friend must wait to hear back from UKVI

[garrick]

@zimba, There is email id UKVISETM@homeoffice.gov.uk for getting status on SET M cases. My friend would like to know if there is similar email id for SET O cases.

[KVP]

Garrick, I can understand your state of mind and your situation. Since you have only limited time, and you needed help from this forum, I would like to remind you that seniors are actually looking more information from you in your case.

Have you read all the discussions, and Vinny's last message?

If I were in your spot, I would have just copy, pasted all the content (masking out any personal information) from Home office emails, so your situation can be better understood by seniors.
This forum has helped many who had complex problems in the past, however it's your call.

[zimba]

zimba, There is email id UKVISETM@homeoffice.gov.uk for getting status on SET M cases. My friend would like to know if there is similar email id for SET O cases.

Even if such emails exist, you will not get any response more than a generic response that the application is still being considered, assuming they even respond to you.