Admin review vary

[gbpmatrix]

Hello. My tier 2 visa was refused and i applied for admin review. I still didnt get reply from HO. However in this time i completed my 10 years. My question is can i go for same day and apply for ilr. I dont have my passport. it is still with HO. Will i be able to work after i applied for ilr either by post/same day. My visa is already expired and i am on 3c now. Please dear friends comment on this post. It is very big decision for me.
Thank you in advance for you expert advise.

[Casa]

What was the reason for the refusal?

An application under LR will come under the same (if not more scrutiny). Why do you feel this application will be approved when the previous one failed?

[gbpmatrix]

Thank you for the reply. The reson for refusal was salary threshold. The number of hours i work was entered wrong in Cos. Basically it was a mistake/misund.

[monty87]

Hello. My tier 2 visa was refused and i applied for admin review. I still didnt get reply from HO. However in this time i completed my 10 years. My question is can i go for same day and apply for ilr. I dont have my passport. it is still with HO. Will i be able to work after i applied for ilr either by post/same day. My visa is already expired and i am on 3c now. Please dear friends comment on this post. It is very big decision for me.
Thank you in advance for you expert advise.

If you withdraw your AR, your 3C leave will not count until your visa has expired. I would suggest to wait for admin review result because if you are positive that there are administrative errors in the decision then it should be in your favour. HO now has policy of invalid applications after 14 days once your 3C leave has finished or visa has expired. I suspect it might be difficult to book peo appointment within 14 days.

There isn't such rule to vary application while Admin Review, you either withdraw AR and submit fresh application or wait until administrative review of refusal decision. AR isn't really a 'waiting on decision' method to vary application and buy time. AR itself is way to correct any home office on decision that has already been made. You will not be able to work once your leave has expired or after outcome of AR if its negative. HO will retain your passports if AR is negative and you essentially become an overstayer.

[gbpmatrix]

Hello. My tier 2 visa was refused and i applied for admin review. I still didnt get reply from HO. However in this time i completed my 10 years. My question is can i go for same day and apply for ilr. I dont have my passport. it is still with HO. Will i be able to work after i applied for ilr either by post/same day. My visa is already expired and i am on 3c now. Please dear friends comment on this post. It is very big decision for me.
Thank you in advance for you expert advise.

If you withdraw your AR, your 3C leave will not count until your visa has expired. I would suggest to wait for admin review result because if you are positive that there are administrative errors in the decision then it should be in your favour. HO now has policy of invalid applications after 14 days once your 3C leave has finished or visa has expired. I suspect it might be difficult to book peo appointment within 14 days.

There isn't such rule to vary application while Admin Review, you either withdraw AR and submit fresh application or wait until administrative review of refusal decision. AR isn't really a 'waiting on decision' method to vary application and buy time. AR itself is way to correct any home office on decision that has already been made. You will not be able to work once your leave has expired or after outcome of AR if its negative. HO will retain your passports if AR is negative and you essentially become an overstayer.

Thank you MONTY87.
I am bit confused now. My visa expired on 14/10/16. I made in time appli on 4/10/16. Got refusal on 24/11/16. Made in time appli for admin review on 6/12/16. For example if I make Ilr appli on 16/1/17 then by default my admin review appli will be withdrawn on 15/1/17. Will HO will consider me as an overstayer since 15/1/17 or 6/12/16 or 24/11/16 or 14/10/16. Please dear friends advice me what to do.
Regards

[monty87]

I am bit confused now. My visa expired on 14/10/16. I made in time appli on 4/10/16. Got refusal on 24/11/16. Made in time appli for admin review on 6/12/16. For example if I make Ilr appli on 16/1/17 then by default my admin review appli will be withdrawn on 15/1/17. Will HO will consider me as an overstayer since 15/1/17 or 6/12/16 or 24/11/16 or 14/10/16. Please dear friends advice me what to do.
Regards

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you:

make any other immigration or visa application
ask for your passport back so you can travel
leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.

You can also email the Home Office and ask for your request to be withdrawn.

If you apply for ilr application on 16/1/17, your AR will be considered withdrawn(cancelled) and you will be considerd overstayer from 24/11/16.

[gbpmatrix]

I am bit confused now. My visa expired on 14/10/16. I made in time appli on 4/10/16. Got refusal on 24/11/16. Made in time appli for admin review on 6/12/16. For example if I make Ilr appli on 16/1/17 then by default my admin review appli will be withdrawn on 15/1/17. Will HO will consider me as an overstayer since 15/1/17 or 6/12/16 or 24/11/16 or 14/10/16. Please dear friends advice me what to do.
Regards

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you:

make any other immigration or visa application
ask for your passport back so you can travel
leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.

You can also email the Home Office and ask for your request to be withdrawn.

If you apply for ilr application on 16/1/17, your AR will be considered withdrawn(cancelled) and you will be considerd overstayer from 24/11/16.

Are you sure.. I spoke to few solicitors they are advising me to send ILR appli same day or postal ASAP. And also they say I can carry on working till they decide my ilr appli.
"If i send ilr then by default my AR will be withdrawn- and i will be considered overstayed since 24/11/2016- Solicitors should know this basic thing".
Very confused what to do. Any one else also please shed some light in this matter with your knowledge and experience.
Regards

[be123+]

I am bit confused now. My visa expired on 14/10/16. I made in time appli on 4/10/16. Got refusal on 24/11/16. Made in time appli for admin review on 6/12/16. For example if I make Ilr appli on 16/1/17 then by default my admin review appli will be withdrawn on 15/1/17. Will HO will consider me as an overstayer since 15/1/17 or 6/12/16 or 24/11/16 or 14/10/16. Please dear friends advice me what to do.
Regards

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

Withdraw your request
Your request for an administrative review will be withdrawn (cancelled) if you:

make any other immigration or visa application
ask for your passport back so you can travel
leave the UK
Your request will be rejected if you ask for a review of a previous decision after submitting a new application.

You can also email the Home Office and ask for your request to be withdrawn.

If you apply for ilr application on 16/1/17, your AR will be considered withdrawn(cancelled) and you will be considerd overstayer from 24/11/16.

I agree with Monty87. If you apply for ILR then your AR will be considered withdrawn. When did you complete your 10 years?

[gbpmatrix]

If you apply for ilr application on 16/1/17, your AR will be considered withdrawn(cancelled) and you will be considerd overstayer from 24/11/16.[/quote]

I agree with Monty87. If you apply for ILR then your AR will be considered withdrawn. When did you complete your 10 years?[/quote]

Hello be123+
Thank you for the reply. I completed my 10 years on 10/01/2017.

[pusm]

The following examples set out how section 3C extends leave while an
administrative review is pending.


Example 1
The person makes an in time application for leave which is refused on 20 April and
gives rise to a right to administrative review. A variation of the initial application (a
fresh application) is submitted on 30 April. Section 3C leave comes to an end on 29
April, the day before the fresh application is made. The person does not have section
3C leave while the fresh application is being decided.

https://www.gov.uk/government/uploads/s ... ave_v7.pdf

[gbpmatrix]

Thank you pusm.

If I submit new application and not withdraw AR. Is that possible. What is the procedure in general if I want to make fresh appli and withdraw AR. Will my AR be withdrawn by HO or will they ask me before doing that.
Regards

[gbpmatrix]

And also how long HO will take for AR decision if they cross 28 days. All they said in email is " it may take longer as they want to do some extra checks". But they didnt contact me for any thing.
Regards

[Harry23]

And also how long HO will take for AR decision if they cross 28 days. All they said in email is " it may take longer as they want to do some extra checks". But they didnt contact me for any thing.
Regards

Ho sometime take long for AR decision. Did they mention any date in email. As i got emai from then that they cant decide within 28 days and they need 2 more weeks. But they answered before those two weeks.
I think you need to wait for AR decision as you said it was mistake in threshold income. Might be they want ti correct the error and you will get visa. But at this stage if you will apply for ilr your 3c will end so you don't have right to work. If AR will be negative you can still apply ilr within in 14 days. So there is no point to withdraw the AR

[gbpmatrix]

Ho sometime take long for AR decision. Did they mention any date in email. As i got emai from then that they cant decide within 28 days and they need 2 more weeks. But they answered before those two weeks.
I think you need to wait for AR decision as you said it was mistake in threshold income. Might be they want ti correct the error and you will get visa. But at this stage if you will apply for ilr your 3c will end so you don't have right to work. If AR will be negative you can still apply ilr within in 14 days. So there is no point to withdraw the AR[/quote]

Hello.
Date given by HO is already past and few days over. No response yet. Any idea wat i can do.

[Nazia2018]

Hello. My tier 2 visa was refused and i applied for admin review. I still didnt get reply from HO. However in this time i completed my 10 years. My question is can i go for same day and apply for ilr. I dont have my passport. it is still with HO. Will i be able to work after i applied for ilr either by post/same day. My visa is already expired and i am on 3c now. Please dear friends comment on this post. It is very big decision for me.
Thank you in advance for you expert advise.

Did you get your visa eventually? I am learning from your case as somehow similar.