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Tier 2 Extension Visa Refused And Reapplied: Guidance Needed

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

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pratz2011
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Joined: Wed Oct 05, 2016 9:22 pm

Tier 2 Extension Visa Refused And Reapplied: Guidance Needed

Post by pratz2011 » Wed Oct 05, 2016 9:36 pm

Hello

I have applied for Tier 2 Extension On July and My Visa got Refused On September 5th. My Initial visa got expired on August 13. That left me with the Admin Review Deadline of 19th of September. I got my visa refusal with following 2 reasons.
1st they thought My Vacacny is not Genuine. But I am working from past 4 years from the same employer and they initially issued the Visa From PSW to Tier 2 On 2013 with the same SOC Code (2139) and same Job Description.

2ndly they Refused with the salary part. What we have done was we put the salary as £30k which is £100 more than the SOC(£29,900 SOC Requirement) but what we put was we put 40 Rather than 39 hours and thus they refused my visa becasue my salary was less than the expected rate.

I managed to reapply with a new COS and we changed the salary from £30k to £32k and i have applied for 10 days Priority postage service. It was more than 10 days yesterday and i contacted home office. And below is the email i receive from them.

"It has not been possible to consider your clients application within the service standard due to further checks required into the proposed employment.

We will require further information from the sponsor. The sponsor will be contacted in due course.

A letter, advising of this delay has been issued to you
.

Can someone please tell What should be my Plan of Action now. What if Home Office doesnt contact us in lets say 1 week, should i be phoning them? Also What Documents they will ask my Sponsor's to Provide? How long does it take to get an nswer in this situation?

Sorry Too many questions but i am getting confused.

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Djsuccess
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Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier 2 Extension Visa Refused And Reapplied: Guidance Ne

Post by Djsuccess » Thu Oct 06, 2016 11:17 am

You submitted an extension application in July and your last visa expired in August. You got a response in September about the refusal. I guess going through Admin review brings continuity to your application and will show that your visa had not expired when you applied in July.

Submitting a new application after your last visa has expired might not be a good idea, because the new application was made after your visa has expired. i am not sure if your new application will be linked to the one you made in July.

I will allow the gurus in the forum to answer your question in details. And from your question, it appears you are already seeing a lawyer.

iworker
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Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
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Pakistan

Re: Tier 2 Extension Visa Refused And Reapplied: Guidance Ne

Post by iworker » Thu Oct 06, 2016 11:56 am

they could ask for job descriptions, salary slips, proof of real time paye tax submissions.

pratz2011
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Posts: 4
Joined: Wed Oct 05, 2016 9:22 pm

Re: Tier 2 Extension Visa Refused And Reapplied: Guidance Ne

Post by pratz2011 » Thu Oct 06, 2016 6:46 pm

Many Thanks for the Reply, But my solicitor told me that after the refusal date you have 28 days grace period, And 14 days of admin review. During this 14 days of Admin review, If you apply a new application then the application is an on-time application. I now want to raise one more question with this. Can I able to work during this period? As i believe it will take longer for Home office to process my application now. My company haven't received any Letter or emails or anything at all from Home Office after I received that email on Tuesday even though i choose priority postal service. Can someone please tell me that it is okay to work during this phase?

pratz2011
Newly Registered
Posts: 4
Joined: Wed Oct 05, 2016 9:22 pm

Re: Tier 2 Extension Visa Refused And Reapplied: Guidance Ne

Post by pratz2011 » Sat Oct 08, 2016 3:24 pm

Hello All

I also got the Exceptionally Complex Issue Letter From UKBA. Not really sure as some forum members discussed that it takes forever. Big question is can i able to work during this time? If i cant and if UKBA asks for Payslips and other stuff then what to do?

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