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Fresh new application timeline after refusal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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GMO
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Fresh new application timeline after refusal

Post by GMO » Sat Sep 24, 2016 12:50 pm

On the refusal letter, it was stated that i have 14 days for admin Review. I don't want to go for an admin review . Perhaps i want to make a fresh new application with a new COS from my employer.

Can anyone please suggest me what is the timeline to make a fresh new application after refusal. Is it exactly 28 days? And its not effect mt total stay in the uk in future action? Please answer.

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manci
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Re: Fresh new application timeline after refusal

Post by manci » Sat Sep 24, 2016 2:21 pm

Unless you still have extant leave you have become an overstayer from the date of the refusal. Overstaying by up to 28 days doesn't have immigration consequences, so re-apply within this 28 day window with a new CoS.

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Re: Fresh new application timeline after refusal

Post by GMO » Sat Sep 24, 2016 3:55 pm

manci wrote:Unless you still have extant leave you have become an overstayer from the date of the refusal. Overstaying by up to 28 days doesn't have immigration consequences, so re-apply within this 28 day window with a new CoS.
Thank you so much manci for your great help. I will try my best to re-apply asap. My refusal letter issued 15th sept and i received 22nd sept.

I was hearing this 28 days period but really confused. Hope it won't have any effect on total 5-year calculation of employment if I reapply with correct salary within the period ..right?

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Re: Fresh new application timeline after refusal

Post by manci » Sat Sep 24, 2016 7:26 pm

Apply asap and use the premium service, hopefully your sponsor has a Cos allocation available and can assign a CoS to you immediately.

Following the refusal, and because you no longer have extant leave, you and the sponsor should keep in mind that you are not allowed to work.

For ILR any period of overstaying for a period of 28 days or less will be disregarded.

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Re: Fresh new application timeline after refusal

Post by GMO » Sat Sep 24, 2016 8:07 pm

manci wrote:Apply asap and use the premium service, hopefully your sponsor has a Cos allocation available and can assign a CoS to you immediately.

Following the refusal, and because you no longer have extant leave, you and the sponsor should keep in mind that you are not allowed to work.

For ILR any period of overstaying for a period of 28 days or less will be disregarded.
Thanks a lot for the suggestion manci. Fortunately, they have one COS allocation available to assign me. I was thinking about posting it. But how come i can get the priority service as my Passport and residency card is with UKVI !

And i just received the letter on sep22 so before that i used to work. they gave me 14 days for review. So can i work in this 14 days? like one more week left to finish the 14 days as i receive the letter after a week been issued!

In new COS they will show my new salary from sep 2016 . So that would be ok?

Please answer the queries. Thank you so much once again.

Best Regards

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Re: Fresh new application timeline after refusal

Post by GMO » Sat Sep 24, 2016 8:09 pm

And in addition to my previous queries what would be my work start date if they issue the COS next week? its would be 1/10/16 ??

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Re: Fresh new application timeline after refusal

Post by manci » Sat Sep 24, 2016 9:11 pm

Apply for and use the priority postal service for the re-application and explain that your passport/BRP are with the Home Office. Details of the priority service are here:
https://www.gov.uk/tier-2-priority-applications

You can work during the period allowed for requesting an administrative review but keep in mind that the administrative review will cease to be pending the day prior to the day on which you submit a fresh valid application.

Your salary in the CoS will be applicable for the period of engagement, i.e. from the work start date (which can be 1 October)

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Re: Fresh new application timeline after refusal

Post by GMO » Sat Sep 24, 2016 9:26 pm

manci wrote:Apply for and use the priority postal service for the re-application and explain that your passport/BRP are with the Home Office. Details of the priority service are here:
https://www.gov.uk/tier-2-priority-applications

You can work during the period allowed for requesting an administrative review but keep in mind that the administrative review will cease to be pending the day prior to the day on which you submit a fresh valid application.

Your salary in the CoS will be applicable for the period of engagement, i.e. from the work start date (which can be 1 October)
thanks a lot. Much appreciated. Is there any problem if i don't take priority service and just post it with recorded delivery!?

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Re: Fresh new application timeline after refusal

Post by manci » Sat Sep 24, 2016 10:32 pm

The problem is that it cannot be foreseen how long the HO will take processing a standard postal application.

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Re: Fresh new application timeline after refusal

Post by GMO » Sun Sep 25, 2016 12:29 am

hmm! understood :(
But there is ni problem with that..right?

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Re: Fresh new application timeline after refusal

Post by GMO » Mon Sep 26, 2016 4:00 pm

manci wrote:The problem is that it cannot be foreseen how long the HO will take processing a standard postal application.
Hi manci!, sorry to disturb you again!

On the online application there will be any section to describe that my passport and card are with them or Do i have to write an official letter stating the fact that my passport with them? please elt me know.

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Re: Fresh new application timeline after refusal

Post by manci » Mon Sep 26, 2016 6:43 pm

The online application process changes from time to time. Just go through it, there is probably a section where you can put in additional information. Write a covering letter in any case. As you don't have the passport and BRP it would be best to use the priority postal service because at premium service centres they only process straightforward applications and not having your documents they may consider your application not to be straightforward.

You can save the online application before submitting it.

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Re: Fresh new application timeline after refusal

Post by GMO » Mon Sep 26, 2016 7:51 pm

manci wrote:The online application process changes from time to time. Just go through it, there is probably a section where you can put in additional information. Write a covering letter in any case. As you don't have the passport and BRP it would be best to use the priority postal service because at premium service centres they only process straightforward applications and not having your documents they may consider your application not to be straightforward.

You can save the online application before submitting it.
Thanks a lot for your reply manci!

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Re: Fresh new application timeline after refusal

Post by GMO » Mon Sep 26, 2016 8:00 pm

manci wrote:The online application process changes from time to time. Just go through it, there is probably a section where you can put in additional information. Write a covering letter in any case. As you don't have the passport and BRP it would be best to use the priority postal service because at premium service centres they only process straightforward applications and not having your documents they may consider your application not to be straightforward.

You can save the online application before submitting it.
When i am submitting the application then there is a question:

What type of visa or leave to remain do you have?

my last visa was expired so what am i suppose to write?

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Re: Fresh new application timeline after refusal

Post by GMO » Mon Sep 26, 2016 11:55 pm

manci wrote:The online application process changes from time to time. Just go through it, there is probably a section where you can put in additional information. Write a covering letter in any case. As you don't have the passport and BRP it would be best to use the priority postal service because at premium service centres they only process straightforward applications and not having your documents they may consider your application not to be straightforward.

You can save the online application before submitting it.
After refusal, I am submitting a new fresh application with the new COS !

In the application there is a question about my current visa status and their start and end date. As my visa already expired so what shall i write on this section.

Shall i write NO, i don't have current visa!

Or

If i say YES then what end date shall i put in.

Please help. I am really confused.

Thanks
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Re: Fresh new application timeline after refusal

Post by manci » Tue Sep 27, 2016 8:14 am

Your leave is extended under section 3C until the end of the 14 day period allowed for administrative review or the date of your re-application whichever is sooner. That is (or was) the expiry date of your visa,

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Re: Fresh new application timeline after refusal

Post by GMO » Tue Sep 27, 2016 10:38 am

manci wrote:Your leave is extended under section 3C until the end of the 14 day period allowed for administrative review or the date of your re-application whichever is sooner. That is (or was) the expiry date of your visa,

Thanks manci,

So shall i put end date as 14 dats completion date which is 29.9.16 ?
somewhere i read it the date ehen the decission made which is 15.9.16 ?

Pleaswe kindly clear that.

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Re: Fresh new application timeline after refusal

Post by manci » Tue Sep 27, 2016 3:15 pm

if you are submitting the application before the end of the 14 day period allowed for admin review then the end date of your leave (visa) will be the date of your new application

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Re: Fresh new application timeline after refusal

Post by GMO » Tue Sep 27, 2016 4:36 pm

manci wrote:if you are submitting the application before the end of the 14 day period allowed for admin review then the end date of your leave (visa) will be the date of your new application

Thanks a lot manci! Here i always get confused..may be i am too stressed out now. So Do you mean its my 14 days end date ehich is 29.9.16 ??? or my actual visa expire date which was 12.8.16...
Please clarify.

Sorry for that but i am totally worried and lost this time. Please help

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Re: Fresh new application timeline after refusal

Post by manci » Tue Sep 27, 2016 4:42 pm

date you submit the application end date of your visa

27 Sept

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Re: Fresh new application timeline after refusal

Post by manci » Tue Sep 27, 2016 4:46 pm

date application end date of visa
is submitted

27 Sept 27 Sept
28 Sept 28 Sept
29 Sept 29 Sept
30 Sept 29 Sept
1 Oct 29 Sept

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Re: Fresh new application timeline after refusal

Post by GMO » Tue Sep 27, 2016 5:17 pm

manci wrote:date you submit the application end date of your visa

27 Sept

Okay! i will submit the application on 29 th september and which is my end date of 14 days admin review as well.

So it will be 29 sep 2016 is the end date of visa. Right???

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Re: Fresh new application timeline after refusal

Post by GMO » Wed Sep 28, 2016 3:58 pm

manci wrote:date you submit the application end date of your visa

27 Sept

Thank you so much manci! I was puzzled up.. Sorry for bothering again and again! Now its pretty clear then the end date will be application submission date.

Kind Regards

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Re: Fresh new application timeline after refusal

Post by GMO » Tue Oct 11, 2016 12:29 pm

Hi !

I have an urgent issue please. I submit fresh new application within 14 days of admin review that they asked for! As my visa was expired and it was my fault for low salary so i did not go for admin review. I made the new application with new salary.

BUT today i recived a Enforcemenr notice stated that My admin review period has expired and they aware that i have submitted a new application. They need to know the reason or grounds i have for wishing to remain in the UK.

they added If i wish to seek legal advice then i must to now. I will not removed for the 1st seveen days after recieving the letter. Following the end of this seven day period, and for up of three months form the date of this notice., you may be removed without further notice.

PLEASE help me what am i suppose to do now! Its really confusing and frustrationg. Please help

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Re: Fresh new application timeline after refusal

Post by pratz2011 » Tue Oct 11, 2016 5:57 pm

Hi GMO

looks like me and you have the same situation. plz email me on email address removed by moderator to get in touch.
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