URGENT HELP NEEDED- Tier 2 (G) application got refused!!!!

[crazyjelly]

Hi all,

After a few month wait, I thought it would be a good news but I just received a refusal letter from the UKBA this morning saying my Tier 2(G) application (in-country)was unsuccessful and have not right to appeal!

The reason for this is (according to the letter):

My PSW visa expired on 16/11/12.

My application for Tier2 (G) was made on 20/11/12.

Since my application was out of time, my company could not be exempted from the RLMT. "PLESE NOTE APPLICATION MUST BE MADE IN TIME IF YOU WISH TO RELY ON BEING EXEMPT FROM THE RLMT".

Lastly, the letter said since I made my application on 20/11/12 but my visa expired on 16/11/12, I therefore did not have leave to remain at the time of my application and i have NO RIGHT TO APPEAL AGAINST THIS DECISION.

I am in shock...my company used an agency for its sponsorship license as well as my visa application. My bosses are aware of my current situation and said they would fight for it...However we can't take any further actions obviously until we get hold of the agency on Monday and dont really know HOW to fight for it argh!

What can I do if the agency confirmed that my application was signed and received by the UKBA by 16/11/12 instead of 20/11/12 ?

How does the "date of application made" be defined? Does it refer to the date that an application's being received or actually being processed?

I am lost and don't know what to do. Can't believe after all these 8 years living in this country legally without breaking any laws and now am gonna get kicked out like this...

Many Thanks!!

[Lucapooka]

The date of application is either the date of posting by Royal Mail, or the date of receipt by the UKBA by commercial courier.

My bosses are aware of my current situation and said they would fight for it

Empty words given the facts and if you don't leave in 28 days you will face a ban on re-entry.

[crazyjelly]

The date of application is either the date of posting by Royal Mail, or the date of receipt by the UKBA by commercial courier.

My bosses are aware of my current situation and said they would fight for it

Empty words given the facts and if you don't leave in 28 days you will face a ban on re-entry.

Hi Lucapooka,

Thanks for your reply.

Although the refusal letter said I have not right to appeal...what if we manage to prove that my application was sent off by 16/11/12 (on time)? Do I still have the legal right to do anything about it or I just need to shoot off under any circumstances?

[crazyjelly]

The date of application is either the date of posting by Royal Mail, or the date of receipt by the UKBA by commercial courier.

My bosses are aware of my current situation and said they would fight for it

Empty words given the facts and if you don't leave in 28 days you will face a ban on re-entry.

Hi Lucapooka,

Thanks for your reply.

Although the refusal letter said I have not right to appeal...what if we manage to prove that my application was sent off by 16/11/12 (on time)? Do I still have the legal right to do anything about it or I just need to shoot off under any circumstances?

[Lucapooka]

Yes, this may be a mistake by the UKBA but looking at the calendar it's actually quite feasible that someone at your agency forgot to post it on the Friday and did it, instead, on Tuesday - or worse, they used a commercial courier that arrived on Tuesday. I guess you'll have to sweat it out until you hear back from them. Would it have killed you to send this application on any day other than the last day of your extant leave?

[crazyjelly]

Yes, but looking at the calendar it's actually quite feasible that someone at your agency forgot to post it on the Friday and did it, instead, on Monday - or worse, they used a commercial courier that arrived on Monday. I guess you'll have to sweat it out until you hear back from them. Would it have killed you to send this application on any day other than the last day of your extant leave?

My bosses and I would be freaking crossed if they had genuinely forgotten to send my application off on time as my company had paid thousands to the agency in order to get this sorted and they claimed that they had 100% success rate ! what a lie.....

As my company's sponsorship license application was being processed at that time (application made and was still pending), the agency said they would wait for a bit and not gonna send my application off until the 14th or 15th of Nov ...I'd done my bit and signed the application form off on 1st of Nov and sent it back to the agency on the same date. If we had not employed the agency to help with my application, I personally would have had sent the application off no later than 14/11/12!