Tier 2 General application refused

[kavigummadi]

Thank you so much manci, sushdmehta.You both really took the time and helping me out with your valuable suggestions.this is the only chance to get successful results.
we have the delivery note for proof.If I understand correctly,my AR is invalid now,and my overstay period will start from 11th august(after 14 days of AR).Is that correct???

my company solicitor saying,my overstay 28days period will start from 28th july(which we received the refusal letter).we are really confused and worried that when will my overstay 28 days time scale starts and ends.

If overstay starts from 28th july,it will end by 24th august.just two days left for this.
If overstay starts from 11th august,then i will have sufficient time for fresh application.i will be in safe side.
please let me know if you have any proof(mentioned any where in the UKVI site or any where) for this.
I really need 6 days to make fresh application.
Thank you so much.

[kavigummadi]

I was searching in the UKVI website,and i found the information in the below link.

https://www.gov.uk/government/uploads/s ... 6.0EXT.pdf

In-time application refused, appeal right not exercised
The migrant had leave until 1 March 2012 and submitted an application for further leave on
26 February 2012. The application was refused on 31 July 2012, but the migrant did not
exercise their right of appeal.
In this case the migrant’s leave was extended during the period:
 their application was awaiting determination, and
 they could have brought an appeal against the refusal decision.
Therefore the migrant began overstaying on 17 August 2012, based on:
 case refused on 31 July 2012
 adding two days for deemed postal service gives 2 August 2012
 adding 10 working days while an in-time appeal could be brought gives 16 August
2012
 first day of overstaying is 17 August 2012.
Please note that from 20 October 2014 changes to the Tribunal Procedure Rules will mean
that the period for bringing an in-time appeal will be 14 calendar days.

As you said,28 days overstay will start from 11th august but not 28th august.Monday morning i am going to post a letter to HO about AR application with royal mail delivery note as proof.And Friday I will a make a fresh application with RLMT.Please do suggest me if the way i am going to do is wrong??
Thank you.

[manci]

my company solicitor saying,my overstay 28days period will start from 28th july(which we received the refusal letter).we are really confused and worried that when will my overstay 28 days time scale starts and ends.

Draw the company solicitor's attention to p26 of this document from which sushdmehta quoted in his earlier post:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

[kavigummadi]

Hello,
Good afternoon.
Thank you so much for your suggestions
We are happy to inform you that HO considered our administrative review application.we approached our local MP.They got a reply from HO,and they said they are considering our AR review.All most every solicitor suggested us to go for FLRO or fresh application.But we completely followed your suggestions.
And one last question if you can help me with this.

Now we have not received any letter from HO.only MP got a call from HO and told that they are considering our AR.
Today,all other documents are ready with us.And we are ready to make a fresh application.
In this case,what do you suggest??Shall we wait for AR results and make a fresh application??
Thank you so much in advance.

[geriatrix]

Well, if the MP's office has received a confirmation It must be true. Perhaps you will also receive confirmation in the next week.

AR is bound to fail, right? So I see no advantage in waiting for the result.
See Effect of fresh application.

Since you will be making an out-of-time application (as an overstayer) , there will be no right of administrative review upon refusal. So, make sure that the application is accurate and complete in all respects - so that HO gets no reason to refuse it.

[kavigummadi]

Thank you so much sushdmehta

[kavigummadi]

Hello sir,
Hope you all doing well.
We applied for visa on September 7th.We are done with biometrics 6 weeks ago and still waiting for the results.
Today my sponsor received a letter from immigration enforcement.They mentioned "As a result of joint working with other government agencies,the home office has information to indicate that you have been employing Mr.pavan Kotha (my husband/main applicant)and that their permission to be in the UK and work has expired.If you need to continue to employ you need to conduct a right to work check"
Now employer got this letter and employer asking us what to do in this situation.Even we don't know what to do.Hope you understand our situation.so please help us with your advice.
Thank you so much.

[FaeLLe]

Hello sir,
Hope you all doing well.
We applied for visa on September 7th.We are done with biometrics 6 weeks ago and still waiting for the results.
Today my sponsor received a letter from immigration enforcement.They mentioned "As a result of joint working with other government agencies,the home office has information to indicate that you have been employing Mr.pavan Kotha (my husband/main applicant)and that their permission to be in the UK and work has expired.If you need to continue to employ you need to conduct a right to work check"
Now employer got this letter and employer asking us what to do in this situation.Even we don't know what to do.Hope you understand our situation.so please help us with your advice.
Thank you so much.

It means they will put you on leave (paid + unpaid) till you can sort out the visa?
Home Office has seen that you are getting paid Salary and NI payments are being made but you do not have a visa.

What kind of employer doesnt have an immigration specialist who can answer this for them... I would normalise your visa situation quick and look for a new job!

[kavigummadi]

Hi FaeLLe,
Thank you so much for your advice.

[kavigummadi]

Hi..
Hope you all doing good.
I am continuing my topic.As I told you earlier we made out of time application (with in 28 days).its been 2 months and no results so far.!now my question is my husband(main applicant) have right to continue work??he is working continuesely.if he doesn't have right to continue,does it effects the decision??His sponsors never informed him about work so he is continuing like before.after they received a letter from HO, now sponsor asking us what to do and how to conduct a verification check and all those questions.
Please suggest your opinion to my husband whether he should take a leave until visa sorted or what to do.
Thank you so much.

[FaeLLe]

Hi..
Hope you all doing good.
I am continuing my topic.As I told you earlier we made out of time application (with in 28 days).its been 2 months and no results so far.!now my question is my husband(main applicant) have right to continue work??he is working continuesely.if he doesn't have right to continue,does it effects the decision??His sponsors never informed him about work so he is continuing like before.after they received a letter from HO, now sponsor asking us what to do and how to conduct a verification check and all those questions.
Please suggest your opinion to my husband whether he should take a leave until visa sorted or what to do.
Thank you so much.

If I was the employer I would run the right to work check with home office and if it turns out negative would put the employee on leave till a decision arrives.

Remember your husband is responsible himself for adhering to immigration law.
If he is working when not having a right to then he will be liable to penalisation and possible deportation. Hell if Home office was looking for a reason to NOT approve the visa application they would use the reason that he is working when not supposed to and say he is already of bad character and breaking laws.

I suggest you use the contact details of this website and hire them as immigration lawyers to review your case - +44 (0)344-991-9222

[kavigummadi]

Hi,

Good afternoon, hope you all doing great. We don't received any update from UKVI regarding our current Tier 2 General application, it's been more than 8 weeks now.

Please advise me is that any thing I can do to get update on our current application ?

Thank you.

Kind Regards,
Kavitha

[kavigummadi]

Hi,

Good afternoon, hope you all doing great. We don't received any update from UKVI regarding our current Tier 2 General application, we given our biometrics more than 8 weeks ago.

Please advise me is that any thing I can do to get update on our current application ?

Thank you.

Kind Regards,
Kavitha

[FaeLLe]

Hi,

Good afternoon, hope you all doing great. We don't received any update from UKVI regarding our current Tier 2 General application, we given our biometrics more than 8 weeks ago.

Please advise me is that any thing I can do to get update on our current application ?

Thank you.

Kind Regards,
Kavitha

Kavitha did you try the search feature on this forum?

http://www.immigrationboards.com/uk-tie ... 27016.html

[shaiderrn]

Hi Kavitha,

Could you please update on your application ?

I am in bit of same situation, my application was refused on 24th October 2016 and received refusal letter to my solicitor on 28th October 2016, and filed a new fresh application on 8th November, Does that mean i applied as overstayer or in time application ?

Application was refused due to invalid COS, i took my time and found new job new employer and luckily they have concluded all legal requirements for tier 2 application, so my application is genuine, only issue is with my previous SOC with previous employer i was on 32K and now with new employer and new SOC i am on 30k DOES IT MAKE A DIFFERERNCE ?

[FaeLLe]

Hi Kavitha,

Could you please update on your application ?

I am in bit of same situation, my application was refused on 24th October 2016 and received refusal letter to my solicitor on 28th October 2016, and filed a new fresh application on 8th November, Does that mean i applied as overstayer or in time application ?

Application was refused due to invalid COS, i took my time and found new job new employer and luckily they have concluded all legal requirements for tier 2 application, so my application is genuine, only issue is with my previous SOC with previous employer i was on 32K and now with new employer and new SOC i am on 30k DOES IT MAKE A DIFFERERNCE ?

If there was a gap of 28 days between last legal date of visa and date of application your new application then yes there is a gap for ILR purposes. In that case time to consider other options as you wont be able to work beyond 6 years.

[shaiderrn]

There is a gap of 14 days from previous application rejection to new application submission. Since it was refused i couldn't do anything but to find new employer and apply with them. Will it affect my continuity ?

[FaeLLe]

There is a gap of 14 days from previous application rejection to new application submission. Since it was refused i couldn't do anything but to find new employer and apply with them. Will it affect my continuity ?

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

If the continuous residence period includes periods of overstaying before further leave being granted before 1 October 2012, you must disregard these periods for ILR provided the period does not exceed 28 days. For ILR you must disregard any period spent in the consideration of applications for leave to remain where the application was made no more than 28 days after the expiry of leave.
Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.
Also, w