Request

[syedyaz]

I am going to thank you for your response.
Thanks

[syedyaz]

Hello,

I was going to request you to please tell what to do if there is already one application for visa extension in process and there is an employer who want to hire me.
I was going to request you to tell what are the next steps for change of employer?

Regards

[syedyaz]

I was going to request you to tell what are the next steps for change of employer? I already have an on-going visa extension application for which i haven't been notified. An employer wants to hire me but it seems they can't issue CoS if there is already an on-going application. I request you to please tell what needs to be done in this regards?

[Frontier Mole]

Your current employer has to withdraw the COS but in doing so if your visa has expired you will find yourself as a potential overstayer.
Once the current COS is withdrawn then your new employer can issue you a COS and you can ask the Home Office to either withdraw the first application or attempt to vary it. The HO may not allow you to vary the original application.
If you have to withdraw the application, you need to make a new application immediately if your visa has expired. Be aware of the warning above about being considered an overstayer.

[syedyaz]

I was going to request your consideration for an application related to the visa extension that was sent to the home office on 15/11/2023 but i haven't been notified about the status till date.
In addition to that i have received a contract from my new employer who wants me to join as early as i can. I request you to please tell what needs to be done in this regards?

[syedyaz]

I am going to request you please to tell what needs to be done in this case: I have received a new job offer and have made a new application to renew skilled worker visa for myself alone. In parallel, i already have another application for visa extension for the whole family. I got in touch with the home office and they request me to put up a new application and withdraw the previous one. I did not apply for the whole family in this new application because i did not have the necessary funds. I'll be able to do that once home office refunds back the previous application fee.
I am going to request you to tell if it's a better to withdraw the previous application (that is for the whole family) now or should i wait that procedure is complete for the new application and then i withdraw the previous application?

[syedyaz]

I am going to request you to tell what could be done in this regards: I had a new application for visa extension with the Change of Employer. I have received a response yesterday that it has been refused and they encourage me to apply for administrative review.

"Your application has been refused, because you do not meet: SW 2.2(a) and SW 17.1 of the Immigration Rules Appendix Skilled Worker with reference to 39E of the Immigration Rules."

I am going to request you to tell please what are these clause? and i request you to please tell what could be done in this regards?

[CR001]

All of this was already explained to you. You are an overstayer for a substantial period and an application was bound to be refused, you were advised of this already.

SW2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
(b) on immigration bail.

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal or rejection of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal or rejection of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal in relation to the previous application (where applicable); or
(iv) any such administrative review or appeal being concluded, withdrawn, abandoned or lapsing; or
(3) the period of overstaying was between 24 January and 31 August 2020; or
(4) where the applicant has, or had, permission on the Hong Kong BN(O) route, and the period of overstaying was between 1 July 2020 and 31 January 2021.

[syedyaz]

I was going to request you to please tell how to handle administrative review.
I do not have sufficient funds to hire a legal advisor. I request you to tell how to prepare such a
review and submit it?

[Frontier Mole]

An administrative review is pointless. The decision is correct in law, therefore there is nothing to be achieved by undertaking the review.

[syedyaz]

I was going to request you to tell if there is anything i can do in this regards?

[Frontier Mole]

Given your circumstances the only probable route is to return to your home country and apply to return under a new skilled worker visa.

[syedyaz]

I am going to request you to please let me know if i re-apply for a new skilled worker visa from my home country will they raise the issue why i didn't opt for administrative review when
i was in the UK?

[syedyaz]

I am going to request you to please let me know if i re-apply for a new skilled worker visa from my home country will they raise the issue why i didn't opt for administrative review when
i was in the UK?

[Frontier Mole]

It will not be a matter they will address or consider. It does not impact the new application whether you went for AR or not in a previous refusal.

[syedyaz]

Thanks

[syedyaz]

I am going to request your consideration. Please let me know in what duration i may expect to have a response of an administrative review. It has been almost a month since i made an application.

[zxyzhgp]

so you go for AR? is it not suggested by other members that it was pointless in your case?

[Frontier Mole]

A totally pointless AR given the circumstances.
You can usually expect a response normally in 12 weeks or less.