Tier 2 application is refused under paragraph 245HD(p)

[romy59]

Hello,

My Tier 2 application was refused because I don't satisfy the requirements of the immigration rule for this category under paragraph 245HD(p).

I don't have the right to appeal. Therefore, I have to leave the country voluntarily. I don't know what to do, the company is ready to sponsor me again. Can i apply from back home? Refusal letter says, ' I can apply for a fresh application'. Does that mean I can apply straight away? or do I have to wait(cooling period)?

Please help, i need to inform my HR asap.

THANK YOU...

[vinny]

Was the refusal correct?

(p) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded

A fresh entry clearance application would be subject to 245HB, including 245HB(g), etc.

[romy59]

I overstayed for more than 28 days... what should i do?

[vinny]

If you have overstayed for more than 90 days or your gross annual salary is less than £153,500 (assuming that you were previously under Tier 2), then you would have to wait a year before applying for another entry clearance under Tier 2 (General).

Why didn't you apply in-time?

[romy59]

company was busy with RLMT (that went on for 60 days) hence the delay. But the application does not say anything about one year ban.

[romy59]

sorry i did not mean application but the rejection letter does not say anything about 1 year ban

[vinny]

Their omission to state a 1 year ban does not bind them. They will be happy to accept payment for entry clearance.

Unfortunately, it's likely that you would be refused without a refund, if you don't meet the requirements of the rules.

[romy59]

thank you for your reply...


in the refual letter it says more than 28 days not 90 days.. does that make any difference?

because if it is more than 90 days than i understand i get a one year ban
But if it is 28 days the surely i can apply from back home.

please tell me if that is correct...

thanks

[vinny]

A fresh entry clearance application would be subject to 245HB, including 245HB(g), etc.

Were you under Tier 2 previously? If not, then you may be okay.

[romy59]

no, under post study work visa (Tier 1)

[vinny]

Then you may be okay applying for entry clearance, if you satisfy the requirements of 245HB. Don't overstay for more than 90 days.

[romy59]

thank you for reply. that means i should leave the country voluntarily to my home country before my 28 days are over. then only i can apply for a fresh application straight away - is that statement correct?

thank you for your replies so far - much appreciated

[vinny]

Yes, provided that you haven't overstayed for more than 90 days in total and meet the requirements of the relevant rules.

[romy59]

ok, thank you for your reply