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Administrative review help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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mengo
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Posts: 51
Joined: Fri Jan 27, 2017 10:40 am

Administrative review help

Post by mengo » Thu Feb 23, 2017 3:46 pm

Hello,
My ILR application has been refused and I would like to seek an urgent advice from you if requesting AR would be any useful. I have posted about my situation in another post, but it has not been unanswered. Therefore, I am posting my specific request here. The reason why my application refused is due to more than 60 days(116 days) unemployed period.

I have applied on 14th February in Croydon and unfortunately my application was refused. I was wondering if anyone has any suggestions in this case? I understand my chances are very slim if I request administrative review? Would anyone suggest otherwise? If I would request AR, what should I ask HO? Please, note that I did my one day application through an immigration firm.

I would appreciate if anyone give me any recommendation. Thanks in advance.

Here is the HO wording why my application was refused:

Your employment with COMPANY 2 ceased on 19 June 2015, as stated in the letter from COMPANY 2 dated 19 June 2015 and 08 February 2017, and your application for Leave to Remain with your new employer was made on 14 October 2015. There is a gap of 116 days from 20 June 2015 to 13 October 2015. The Secretary of State is therefore not satisfied that you meet the requirements of Paragraph 245AAA(b) of the Immigration Rules and your application is refused under Paragraph 245HF with reference to 245AAA(b) of the Immigration Rules.

Here is an excerpt from my cover letter:

The Applicant was made redundant on 19th June 2015 without notice, despite being entitled to a notice period. A downturn in the Oil & Gas industry meant that the Applicant was made redundant without notice. The Applicant continued to be paid for a further month following the termination of his employment. The Applicant then found a new sponsor. An employment offer was made to the Applicant on 13th August 2015. The Applicant’s new employer applied for a sponsorship licence, however, this application was rejected on 7th September 2015 due to a misunderstanding with the time for submission of documents.

On 18th September the Applicant’s sponsor contacted the Home Office for assistance. The Sponsor then made a further application and this was granted 8th October 2015.
On 112th October 2015 the Applicant received a letter from the Home Office stating that his leave was curtailed and he had sixty days in which to find a new employer or leave the UK.
The Applicant was subsequently granted leave to remain as a Tier 2 (General) Migrant on 17th October 2015.

It is therefore submitted that there is no break in leave and good reason has been given for the break in continuous employment. The Applicant was advised by his previous employer, a Tier 2 sponsor that he would have 60 days from receipt of the Home Office curtailment letter in which to find new employment (See redundancy letter dated 19th June 2015) , which he did. Any delay was outside of the Applicant’s control. The Applicant is still required for his role with his current employer.

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CR001
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Re: Administrative review help

Post by CR001 » Thu Feb 23, 2017 4:11 pm

Please continue in your existing topic. It is not necessary to start another topic with the same question.

http://www.immigrationboards.com/indefi ... l#p1457576
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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