Tier 2 IRL refusal and Adminstrative Review

[Tsion]

Hi All

I recived my application letter and it’s refused saying that;

1) It is noted that your current leave to remain in the UK is as a Tier 2 Migrant, however your most recent grant of entry clearance was under the rules in place after 06 April 2010. Therefor your application is refused under paragraph 245GF(d).

2) Although you have supplied a certificate showing you have passed an IELTS test, these tests do not appear in appendix O of the immigration Ruels you therefor fail to meet the requirements of paragraph 245GF(g).

They also advised me that I can go for Administrative review if I want.

I am really asking for any advise from anyone of you for what shall I do now ? Your advise is highly appreciated?

Thanks in advance.

[CR001]

I will ask my question again.

What is your full UK immigration history and visas held that you have based your ilr application on?

What IELTS test did you do and when?

Admin Review is for when HO has made an error. So really useful to state all your facts as asked.

[Tsion]

I will ask my question again.

What is your full UK immigration history and visas held that you have based your ilr application on?

What IELTS test did you do and when?

Admin Review is for when HO has made an error. So really useful to state all your facts as asked.

Thanks CR001,

1) My full immigration history is on Tier 2 ICT Migrant category which is granted on 2014.

2) My IELTS result is more than what is required by the IRL application (but it’s in academic level). It’s equivalent is more than what they require (B2). But they said it’s not on the list.

[Tsion]

Any help on my request?

[CR001]

1) My full immigration history is on Tier 2 ICT Migrant category which is granted on 2014.

You didn't qualify for ILR. You cannot use tier 2 ICT time for 5 years ILR. ICT issued after April 2010 does not count for ILR. Presumably you are still a tier 2 ICT visa holder and not tier 2 general??

Only tier 2 general qualifies for ILR and You need 5 years on tier 2 General before you can apply.

2) My IELTS result is more than what is required by the IRL application (but it’s in academic level). It’s equivalent is more than what they require (B2). But they said it’s not on the list.

If it is not an HO approved test on the HO approved test provider list, it won't be accepted. Academic is not sufficient for ILR either.

Admin Review will fail as the refusal was correct. ICT is irrelevant and not a qualifying visa for 5 years ILR on form Set O.

Who advised that you could apply for ILR??

[Tsion]

Thanks for your response.

But , the ICT holders with work permit is qualified for IRL & it’s specified on the immigration rule.

[Tsion]

Thanks for your response.

But , the ICT holders with work permit is qualified for IRL & it’s specified on the immigration rule.

That is if you have a work permit on your ICT ( when ever it is issued) , it’s qualified for IRL. Is that not correct ?

If not , what’s the next best opetion ?

Thanks

[CR001]

No it is not.

If you have only held a tier 2 ICT issued after April 2010, you cannot apply for ILR, it is not a qualifying visa category.

As you got ICT in 2014 and presumably came to the UK then the first time, you don't qualify.

Work permit as such is a visa category that was withdrawn in 2008 when the points based system was introduced, ie tier 1 and tier 2.

If you want to post the specific immigration rule you are referring to, please do, but I suspect you have misinterpreted the rules and likely confusing "work permit" (a specific visa) with "work permitted" (allowed to work).

[Tsion]

No it is not.

If you have only held a tier 2 ICT issued after April 2010, you cannot apply for ILR, it is not a qualifying visa category.

As you got ICT in 2014 and presumably came to the UK then the first time, you don't qualify.

Work permit as such is a visa category that was withdrawn in 2008 when the points based system was introduced, ie tier 1 and tier 2.

If you want to post the specific immigration rule you are referring to, please do, but I suspect you have misinterpreted the rules and likely confusing "work permit" (a specific visa) with "work permitted" (allowed to work).

On 245GF. Requirements for indefinite leave to remain,
(d) (II) says ...
“a work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Trannnsfer(ICT).” And this catagory is qualified for IRL.

This is the immigration rule and this is also quoted on my refusal letter.

How do you explain this ?

Thanks again

[CR001]

But you don't hold a Work Permit. You hold a Tier 2 ICT issued after April 2010. They are two different visas, the Work Permit one, no longer available since November 2008.

You also need to read the rule as a whole, not just the point you find relevant.

(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

A Work Permit (when it was available) visa is NOT a Tier 2 ICT visa (currently available). They are different visas and different rules.

indefinite-leave-to-remain/watch-out-ol ... 90133.html

Did you seek any advice from an immigration advisor or solicitor or even your sponsor, before deciding you qualify for ILR??

As your visa has expired, you will now likely have to leave the UK. HO will likely also keep your passport until you inform them of your departure and you will get it back at the airport, unless you apply for a visa you qualify for, but you really don't have much time to do that either.

[Tsion]

But you don't hold a Work Permit. You hold a Tier 2 ICT issued after April 2010. They are two different visas, the Work Permit one, no longer available since November 2008.

You also need to read the rule as a whole, not just the point you find relevant.

(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

A Work Permit (when it was available) visa is NOT a Tier 2 ICT visa (currently available). They are different visas and different rules.

indefinite-leave-to-remain/watch-out-ol ... 90133.html

Did you seek any advice from an immigration advisor or solicitor or even your sponsor, before deciding you qualify for ILR??

As your visa has expired, you will now likely have to leave the UK. HO will likely also keep your passport until you inform them of your departure and you will get it back at the airport, unless you apply for a visa you qualify for, but you really don't have much time to do that either.

Hi CR001

I really appreciated your comment , but I don’t understand by what you mean “but you really don't have much time to do that either.”?

[CR001]

Hi CR001

I really appreciated your comment , but I don’t understand by what you mean “but you really don't have much time to do that either.”?

Your visa has expired, based on your previous posts, and you cannot extend your ICT visa if you earn less than £120,000. So if you want to stay in the UK you have to find a visa you qualify for and meet all the requirements and you basically have 14 days from the date of your refusal of ILR.

Do you have dependents in the UK??

Have you at any time spoken or received advice from your sponsor etc before applying for ILR?

[CR001]

You can apply for AR to buy you a bit of time and keep your Section 3C protection in place but AR will certainly fail as the refusal was correct and HO did not make an error.

[Tsion]

Thanks CR001

Is the 14 days counted from the date I recived the letter or from the date written on the letter ?

Thanks again.

[CR001]

Thanks CR001

Is the 14 days counted from the date I recived the letter or from the date written on the letter ?

Thanks again.

My understanding is it is the date you receive it.

[Tsion]

Thankyou for your time

But one more last question if you don’t mind .... do you have any skill to advise as a legal advisor or you just comment from your general knowledge?

Thanks

[Tsion]

Thankyou for your time

But one more last question if you don’t mind .... do you have any skill to advise as a legal advisor or you just comment from your general knowledge?

Thanks

And what’s section 3c protection ?

[CR001]

Section 3C of the immigration rules means that if your visa has expired, your previous visa conditions continue while awaiting AR result or Appeal, meaning you won't be considered an overstayer. For AR (as you don't have the right to appeal), your Section 3C ends when AR is refused (which it will be in your case) and at that point, you become an overstayer.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

[Tsion]

Sorry for asking you too much question, but I have the following one:

1) how many days will I have after AR refused(if so) before becoming an over stayer?

2) Can I switch/apply to other visa catagory after knowing the AR result with out being considered an overstayer ?

Thanks

[CR001]

1. From date of AR refusal.

2. You will likely be given 14 days to apply for a visa you qualify for but you will be an overstayer and won't be permitted to work while you wait for a new application outcome. There are very limited options for another visa.

Do you have dependents in the UK? Not sure if you answered this question.

[Tsion]

But the UK system allows so many benefit users to enjoy their stay while they are taking the tax payer money which I have part on contributed on it. Why they want to make the system this much complicated for the working group ? After all where is the right of being a tax payer ?

And how come a person could be considered an overstayer right after AR refusal ? The person need to have a couple of days to pack his item and to conclude his stay.
It’s a confusing thing

[Casa]

2. You will likely be given 14 days to apply for a visa you qualify for but you will be an overstayer and won't be permitted to work while you wait for a new application outcome. There are very limited options for another visa.

As CR001 advised above.

[Tsion]

Hi Casa & CR001

What is the effect of being an overstayer while waiting for the outcome of the new visa catagory application ?

[CR001]

You cannot work, you risk not being able to continue renting and NHS might be chargeable at 150% of cost.

You have not answered a couple of my questions, ie dependents in UK and did you get advice from anyone before applying for ILR?? Note I am not asking because I am being nosey!!

[CR001]

You really have limited options.

You can switch to tier 4 If you can get a sponsor and a CAS. Difficult if your visa has expired and you have no legal stay as most unis will likely not take the risk.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa

You could potentially switch to tier 1 entrepreneur if you have access to £200k to start a business or join an existing one.

https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa