T1E refused, re-apply B4 AR is decided. Help! thanks

[nduy]

Dear all,
My T1E extension is refused. I firstly submitted AR. I then submitted a fresh T1E enclosing new documents while AR is pending. After my application fee was taken, AR was refused enclosing previous supporting documents. I then sent PREVIOUS supporting docs to AR department explaining I had a pending fresh application, I hope you can transfer my previous supporting docs to relevant team. (This is per HO telephone advice.)

Now PREVIOUS supporting doc returned by AR department says: 'We have rejected your reconsideration request. We will only reconsider once.'

My fresh application is still with the HO and biometric was completed.

My questions are:
1. Will my fresh application definitely be refused due to exhaust both AR and fresh Application at the same time?
2. Can I vary to Tier 2? If so, when to vary?

Thank you.

[marcnath]

Why was your original application refused ?
Why did you decide not to wait for your AR result ?

1. Will my fresh application definitely be refused due to exhaust both AR and fresh Application at the same time?

I don't understand your question. You did not exhaust your AR - you withdrew your AR by sending in a fresh application. So the AR was not even considered. And your fresh application is still in process.

2. Can I vary to Tier 2? If so, when to vary?

You can vary anytime

[nduy]

Thanks for your prompt reply.
1. Original T1E refused due to lack of cooperation tax.
2. I decided not to wait for AR result is because I knew it won't be successful. I had just wanted to extend time to wait for my cooperation tax evidence arrived. I knew I was silly and ruined everything.
3. I don't think AR team was aware of my fresh application so they refused my AR.
4. Can I wait for the result of this fresh application and then apply Tier 2?
Thanks.

[marcnath]

Thanks for your prompt reply.
1. Original T1E refused due to lack of cooperation tax.
2. I decided not to wait for AR result is because I knew it won't be successful. I had just wanted to extend time to wait for my cooperation tax evidence arrived. I knew I was silly and ruined everything.
3. I don't think AR team was aware of my fresh application so they refused my AR.
4. Can I wait for the result of this fresh application and then apply Tier 2?
Thanks.

Sorry, I made a mistake in my earlier reply. You are now an overstayer from the date you made your fresh application.
You can''t wait for the fresh application. You are an overstayer now and if the decision on fresh application is done, then any T2 application will be rejected automatically

[nduy]

OIC. Thank you for your reply.

[marcnath]

OIC. Thank you for your reply.

I edited my earlier reply. You can vary your application to T2 anytime before a decision is made, but not after.

[nduy]

Thank you Marcnath. I actually called the HO yesterday. They can confirm that either choose AR or Re submission. Can't do both. However, they were not sure how case worker will consider my situation that fresh application was submitted B4 AR was decided. They also advised submission of T2 should be done AFTER the decision of fresh application. The emphanised that I have a valid pending application. So I can wait until fresh application is decided. I will still be given 14 days.

To be honest, I am not sure if HO is advising correctly. I have asked a few lawyers as well, proper lawyers and experienced consultants. No useful answers can be found.

It looks like I will have to pack up and leave the country......

[Emirates]

Hi Nudy

Would you please elaborate what do you mean by lack of cooperation Tax?

[nduy]

You will need to provide Corporation tax if you are director of a company.

[Momi]

You will need to provide Corporation tax if you are director of a company.

When did you apply for your visa?
Why you didn't pay the cooperation tax?
Explain your refusal in 2-3 lines?

[nduy]

You will need to provide Corporation tax if you are director of a company.

When did you apply for your visa?
Why you didn't pay the cooperation tax?

Hi,
1. First application was sub last yr. waited for more than 6 months refused. recent application sub in Sept.
2. I paid. But forgot to enclose this doc.

[Momi]

A simple reapply could resolve that rather than going on AR.

[marcnath]

Thank you Marcnath. I actually called the HO yesterday. They can confirm that either choose AR or Re submission. Can't do both. However, they were not sure how case worker will consider my situation that fresh application was submitted B4 AR was decided. They also advised submission of T2 should be done AFTER the decision of fresh application. The emphanised that I have a valid pending application. So I can wait until fresh application is decided. I will still be given 14 days.

To be honest, I am not sure if HO is advising correctly. I have asked a few lawyers as well, proper lawyers and experienced consultants. No useful answers can be found.

It looks like I will have to pack up and leave the country......

Interesting advice from HO.
It is clear that an AR is considered withdrawn if a fresh application is made.
Making a fresh application
An administrative review application which is pending will be treated as withdrawn if the applicant makes an application for leave to enter or leave to remain. https://www.gov.uk/government/uploads/s ... e_v8_0.pdf

However, I think they did not consider that you are already an overstayer when they said you can make a fresh application within 14 days, which is true only for rejection of the 1st application.

But if the lack of documents was the only reason for the initial rejection, it should go through on your current application - so, good luck.

[nduy]

A simple reapply could resolve that rather than going on AR.

Yes. I was silly.

[nduy]

Thank you Marcnath. I actually called the HO yesterday. They can confirm that either choose AR or Re submission. Can't do both. However, they were not sure how case worker will consider my situation that fresh application was submitted B4 AR was decided. They also advised submission of T2 should be done AFTER the decision of fresh application. The emphanised that I have a valid pending application. So I can wait until fresh application is decided. I will still be given 14 days.

To be honest, I am not sure if HO is advising correctly. I have asked a few lawyers as well, proper lawyers and experienced consultants. No useful answers can be found.

It looks like I will have to pack up and leave the country......

Interesting advice from HO.
It is clear that an AR is considered withdrawn if a fresh application is made.
Making a fresh application
An administrative review application which is pending will be treated as withdrawn if the applicant makes an application for leave to enter or leave to remain. https://www.gov.uk/government/uploads/s ... e_v8_0.pdf

However, I think they did not consider that you are already an overstayer when they said you can make a fresh application within 14 days, which is true only for rejection of the 1st application.

But if the lack of documents was the only reason for the initial rejection, it should go through on your current application - so, good luck.

Correct. I got your point. Although my AR was submitted within 14 days, my fresh application was submitted after 14 days of initial refusal. So I am already an overstayer.

So the only option for me is to pack up and leave the country right?
Thanks.

[marcnath]

Correct. I got your point. Although my AR was submitted within 14 days, my fresh application was submitted after 14 days of initial refusal. So I am already an overstayer.

So the only option for me is to pack up and leave the country right?
Thanks.

No, I don't think that is correct. Once you applied for AR within the time given, your Section 3C continued. Section 3C only ended when you sent in your fresh application, so you were not an overstayer when you sent your fresh application.
You became an overstayer only after your new application was accepted and does not affect your current application

[sm12]

Sorry to hear about this.

If the helpline said your new application is still pending, did you ask them if you can send your documents again?

[nduy]

Correct. I got your point. Although my AR was submitted within 14 days, my fresh application was submitted after 14 days of initial refusal. So I am already an overstayer.

So the only option for me is to pack up and leave the country right?
Thanks.

No, I don't think that is correct. Once you applied for AR within the time given, your Section 3C continued. Section 3C only ended when you sent in your fresh application, so you were not an overstayer when you sent your fresh application.
You became an overstayer only after your new application was accepted and does not affect your current application

Thank you so much for your help. So can I vary my T1E to T2 now? I knew you have answered, but I want to confirm.
And I had asked HO today three times and also other lawyers and consultants. Surprisingly, no one was able to give me a definite answer.

[marcnath]

Thank you so much for your help. So can I vary my T1E to T2 now? I knew you have answered, but I want to confirm.
And I had asked HO today three times and also other lawyers and consultants. Surprisingly, no one was able to give me a definite answer.

I can appreciate no one can give you a definite answer as they don't speak for HO. Similarly, I can't either.

But, yes, I believe you can vary your T1E to T2 now.
1. Your current application is not subject to automatic refusal.
2. If you vary your application, the varied application is considered to have the same application date of the original application.

Based on those two, you should be able to vary your T1E to T2 before it is decided.

[CR001]

Thank you so much for your help. So can I vary my T1E to T2 now? I knew you have answered, but I want to confirm.
And I had asked HO today three times and also other lawyers and consultants. Surprisingly, no one was able to give me a definite answer.

You can vary to Tier 2 General provided the sponsor has completed the full and proper RLMT process before issuing you a CoS.

You will also have to wind your business down immediately as you cannot be a director of a business on Tier 2.

[marcnath]

You will also have to wind your business down immediately as you cannot be a director of a business on Tier 2.

This is something I am not sure of. The Tier 2 conditions do not allow you to take up another employment, but owning a business should be ok. Also I would think being an unpaid Director even would not violate it as Directorship is not employment.

[sm12]

I think anyone is allowed to be a director but cannot actively work in the business if on tier 2?