Tier 2 Visa refused

[DJPhysio]

Hi All,
I was on a Tier 2 General visa which was valid until December 2019 (as per my BRP). The company I was working for terminated my contract on 03 september 2018 which finished my job as well. I found another job and the company holds the sponsorship licence. The process of RLMT and CoS finished in the mid of december and I submitted my Tier 2 General visa application on 02 Jan 2019.
Today the Home Office sent me an email saying My visa application has been refused on the grounds that I have overstayed my curtailment period. It exactly says as follows "Your leave to remain was curtailed to expire on 10 December2018 but you did not submit a valid application for leave to remain until 02 January2019. This was more than 14 days after the date your previous leave to remain was curtailed to expire.
But the whole point is I never received any correspondence/curtailment letter from home office stating that 10 december is my curtailed visa expiry date. I did move address in august'18 but I did notify the Home Office by filling & sending the address change form to them. I still have the receipt for signed for post by Royal mail which I used then, moreover I have been regularly checking on weekly basis all the addresses I have lived in the last 3years and I am 100% sure it wasn't sent to me. I need advice on how to proceed now:
Is it worth going for an Administrative Review first and if yes what all should I say in the review application, what evidence should I use? and How likely is that would be successful?

Any kind of valid advice or help is much appreciated.
Thanks in advance
DJ

[BalayaBabu]

sorry to hear that. whats your current situation than.

[DJPhysio]

Am going to give for administrative review, fingers crossed

[Frontier Mole]

Have I got this right - ignoring the curtailment issue- you said you applied on 02/01/2019 when your actual visa expired in December 2018. What date did it expire?

[Frontier Mole]

On the curtailment side - AR is pointless exercise other than to gain more time. HO will not change their position on your claim that you did not receive your curtailment notice.

Suggest you get professional legal advice and PAP the refusal on the basis it is unlawful as you did not receive your curtailment notice. It will be a hard fight and costly but in my opinion it is currently your only option.

If the HO has a signed receipt from the address they served the notice - regardless of the fact you personally did not sign for it your chances of sucess are very low.

[DJPhysio]

My original visa validity was till 22 dec 2019..

[DJPhysio]

Thanks for your reply, I have already seeked advice from few solicitors..
What if they dont have a signed receipt because I am 100% sure no letter has been received at my current address or my previous address?

[Frontier Mole]

On the receipt side of things... it is the not knowing what they know argument- they may have one, they may not... you will only find that out once you submit a PAP.

[DJPhysio]

Is it better to do a PAP or go for a judicial review...
All the solicitors I have spoken to so far bar 1 all have suggested JR..

[Frontier Mole]

You can’t JR unless you PAP first... so if you have been advised that you can go to JR as a first instance that would suggest the legal knowledge of the advisor is rather suspect

[DJPhysio]

Hi Guys,
Just a quick query, I did apply for an administrative review on 01/03/2019 and its been 22 days now but I still haven't heard from HO yet. I did receive an acknowledgment though on the same day (01/03) with a reference number & all that they have received my application for AR. Is it normal for HO to take so long to come to a decision and is there anything else I could do meanwhile?
Any advice is highly appreciated.
Regards
DJ

[Frontier Mole]

You can’t JR unless you PAP first... so if you have been advised that you can go to JR as a first instance that would suggest the legal knowledge of the advisor is rather suspect

I have since discovered you can go straight to JR however if you are denied a hearing the other side can seek costs as you have not undertaken a PAP first.

[Frontier Mole]

AR is normally dealt within a month or less however there are many cases reported on the forum that are taking far longer. It is the how long is a piece of string question.

[DJPhysio]

What happens if they don't respond within 28 days and do not notify me that they are going to take longer?

[DJPhysio]

Hi Guys, Just an update on the situation, as planned I did apply for an admin review on 01/03/2019 and after multiple emails with Admin Team chasing the outcome I finally received the decision on Saturday (18/05/2019) that my admin review has been successful and they have admitted that the case worker committed the error and now they have overturned the decision and sent the application to original case worker to take a new decision but they haven't specified a time frame for that.
Any idea guys How long will it take for the case worker to give me the new decision??
Any input is much appreciated.
Thanks
DJ

[DJPhysio]

On the receipt side of things... it is the not knowing what they know argument- they may have one, they may not... you will only find that out once you submit a PAP.

Hi I also did a "Subject Access Request" and it showed everything clearly whatever information they had with dates updated in timely manner. So no need to submit PAP and it was free as well.

[docparousia]

On the receipt side of things... it is the not knowing what they know argument- they may have one, they may not... you will only find that out once you submit a PAP.

Hi I also did a "Subject Access Request" and it showed everything clearly whatever information they had with dates updated in timely manner. So no need to submit PAP and it was free as well.

Granted I know little on your situation, I was glued reading through your challenge and the outcome so far. I would want to salute your doggedness and wisdom in approaching this. With the way things are unfolding....I guess it will end with many smiles on your face. Regards

[DJPhysio]

Hi Guys,
Just to give you a further update on the situation, finally after 6 months, HO have granted me further leave to remain . Hope this helps someone else too who may find themselves in similar situation as I was in. Just don't give up easily.
Cheers
DJ