Tier 2 application after entry refusal

[tyronlouw]

Hi All,

I wonder if anyone could help me.

Back story:

I entered the UK on a Tier 2 (General) in July 2013 and switched to a Tier 4 (General Student) in April 2014 to do a PhD. I completed my PhD a year before my Tier 4 visa expired and my University informed me that they had notified the Home Office of this, who would curtail my visa in due course. A day after my graduation, I went on a 5 day holiday and upon my return I was told that my visa was no longer valid because while I was away, and unbeknownst to me, the Home Office had decided to curtail my visa (to 60 days) and because I was out of the UK when this happened my leave automatically lapsed. Thus, I was refused entry to the UK under my previous Tier 4 leave but I was granted Temporary Admission, and Manchester Immigration kept my passport. Initially, I had removal directions set but through my solicitor I requested that the Home Office reconsider their decision given that the notice for curtailment was only delivered the day before I returned (on a Saturday), and the removal directions were canceled and Temporary Admission was granted for a further 11 days. After this request was unsuccessful, I voluntarily elected to depart the UK at my own cost two days before the Temporary Admission would expire. I was told by the caseworker at Manchester Immigration that this would not affect any applications to re-enter the UK.

I was due to take up a Post-doc position at my university and switch to a Tier 2 visa, but because my visa was no longer valid I could not do so. Therefore, I have had to return to my home country and make a new Tier 2 application. Given the above, I have some questions relating to my new application.

For the following two questions in the application:

Have you been refused entry to the UK in the last 10 years (for example at a UK airport or seaport)?
Yes*
No

Do I answer Yes and state that the “Reason for refusal” was “Leave lapsed while out of the country”? Or how should I phrase this?

Have you ever voluntarily elected to depart the UK?
Yes*
No

Do I answer Yes and state that the “Immigration decision and the papers you were served” was “Removal Notice”? Or how should I phrase this?


Should I include the above text in the “Additional Information” section irrespective of the above answers, and should I provide all related documents given to me by UKBI?

Many thanks!

[Djsuccess]

I will advise you answer yes to both questions and then give a detailed explanation using the additional information section. If available.