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Tier 2 Administrative Review aka Appeal

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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DaDa31
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Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 2:31 pm

My Tier 2 has been recently refused due to insufficient maintenance funds and I have a chance to go through an administrative review. However, can I -at this point- submit a different bank statement all together? Any advice on how to proceed will be highly appreciated.

Many thanks!
Last edited by DaDa31 on Mon Feb 20, 2017 2:38 pm, edited 1 time in total.

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Casa
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Re: Tier 2 Administrative Review aka Appeal

Post by Casa » Mon Feb 20, 2017 2:35 pm

No as this evidence wasn't available when the Case Worker made their decision on your application. The purpose of an AR is to determine whether the Case Worker made an error based on the evidence submitted at the time.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 2:40 pm

Casa wrote:No as this evidence wasn't available when the Case Worker made their decision on your application. The purpose of an AR is to determine whether the Case Worker made an error based on the evidence submitted at the time.

So re-applying is the safer track to follow?!

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Casa
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Re: Tier 2 Administrative Review aka Appeal

Post by Casa » Mon Feb 20, 2017 2:42 pm

DaDa31 wrote:
Casa wrote:No as this evidence wasn't available when the Case Worker made their decision on your application. The purpose of an AR is to determine whether the Case Worker made an error based on the evidence submitted at the time.

So re-applying is the safer track to follow?!
Yes as long as you're still within the 14 day window.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 2:54 pm

Casa wrote:
DaDa31 wrote:
Casa wrote:No as this evidence wasn't available when the Case Worker made their decision on your application. The purpose of an AR is to determine whether the Case Worker made an error based on the evidence submitted at the time.

So re-applying is the safer track to follow?!
Yes as long as you're still within the 14 day window.

Sorry to bother you with all my questions but why 14 days if I have to re-apply again and not doing an AR?

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Casa
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Re: Tier 2 Administrative Review aka Appeal

Post by Casa » Mon Feb 20, 2017 2:56 pm

Due to the 28 day grace period retaining Section 3c leave between applications having been reduced to 14 days in Nov 2016.
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DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 2:58 pm

Casa wrote:Due to the 28 day grace period retaining Section 3c leave between applications having been reduced to 14 days in Nov 2016.
Does that have to do with having the same certificate of sponsor? what if I get a new one to apply with?

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Casa
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Re: Tier 2 Administrative Review aka Appeal

Post by Casa » Mon Feb 20, 2017 3:00 pm

After an application is refused you only have 14 days in which to submit another application if the previous visa has expired and you are without valid leave.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 3:05 pm

Casa wrote:After an application is refused you only have 14 days in which to submit another application if the previous visa has expired and you are without valid leave.

Sorry if I was not clear about the whole situation; but my application was to transfer from Tier 4 to Tier 2 and my current Tier 4 will expire on 31 March 2017. Do you think this changes anything about my situation - I mean the 14 days and re-applying, etc?

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Casa
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Re: Tier 2 Administrative Review aka Appeal

Post by Casa » Mon Feb 20, 2017 3:07 pm

In which case you need to submit a new application before your Tier 4 visa expires.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Tier 2 Administrative Review aka Appeal

Post by CR001 » Mon Feb 20, 2017 3:07 pm

DaDa31 wrote:
Casa wrote:After an application is refused you only have 14 days in which to submit another application if the previous visa has expired and you are without valid leave.

Sorry if I was not clear about the whole situation; but my application was to transfer from Tier 4 to Tier 2 and my current Tier 4 will expire on 31 March 2017. Do you think this changes anything about my situation - I mean the 14 days and re-applying, etc?
No, as long as you apply before your current visa expires. Very important to state accurate facts when posting to avoid confusion please.
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DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 3:09 pm

Casa wrote:In which case you need to submit a new application before your Tier 4 visa expires.

Re-applying for the Tier 2.

DaDa31
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Re: Tier 2 Administrative Review aka Appeal

Post by DaDa31 » Mon Feb 20, 2017 3:10 pm

CR001 wrote:
DaDa31 wrote:
Casa wrote:After an application is refused you only have 14 days in which to submit another application if the previous visa has expired and you are without valid leave.

Sorry if I was not clear about the whole situation; but my application was to transfer from Tier 4 to Tier 2 and my current Tier 4 will expire on 31 March 2017. Do you think this changes anything about my situation - I mean the 14 days and re-applying, etc?
No, as long as you apply before your current visa expires. Very important to state accurate facts when posting to avoid confusion please.

Thanks for the clarification! Will do from now own .. Cheers!

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