CID and CRS Check After withdrawn AR

[sahidpatel22]

Hi I really need an expert advise please.

Basically my tier 2 general visa was expiring on 30/06/2017
I applied on 07/06/2017 for an extension of my visa with my dependent.
Now the decision came on 16/08/17 that this application is refused because my Salary was not enough for an experienced worker. My solicitor told me to ask for a new COS with amended salary. Mean time we applied for an administrative review on 17/08/17. And my amended COS came and we did fresh application with amended COS on 07/09/17. And my administrative review is withdrawn automatically. Now while I was waiting to get decision for my fresh application my employer received a letter from home office that this xyz person may not have right to work in the Uk. So employer did ECS Check and it came negative that means I can't work. I don't know why it happens and I am still awaiting decision and hope for the best. Can anyone please give me advice and oral support for my problem. It will be appreciated. Thanks

[iworker]

you applied for extension when u did not have a leave to remain (the latest one).
You do not have right to work, till your application is approved. should have done the same day application.

[sahidpatel22]

you applied for extension when u did not have a leave to remain (the latest one).
You do not have right to work, till your application is approved. should have done the same day application.

Thanks for your reply iWorker
My solicitor didn't advice me that now what can I do ?
Do I need to wait or approach any lawyer to do it fast

[iworker]

no one can speed up your application, certainly not this solicitor who failed to inform u this basic thing.
for now, u need to stop working and wait for approval.

[sahidpatel22]

no one can speed up your application, certainly not this solicitor who failed to inform u this basic thing.
for now, u need to stop working and wait for approval.

It's been 5 weeks after submission of application I should get reply within next 3 weeks for standard online application I am just worried about visa everything is in correct order and sufficient to claim all the points. Just worried that if they refuse again what basis they can refuse ? Can they refuse on the basis of late application ?

And also please advice me if there's any error in my application process ??

[iworker]

standard time is 8 weeks, not 3.
They can take more time, without having to explain why.
With points based visas, u do really know if you will get the visa or not, based on securing points etc.
IMO, u should have applied within 14 days of rejection of the first visa. I am not sure the impact of applying AR just to buy time.

[sahidpatel22]

standard time is 8 weeks, not 3.
They can take more time, without having to explain why.
With points based visas, u do really know if you will get the visa or not, based on securing points etc.
IMO, u should have applied within 14 days of rejection of the first visa. I am not sure the impact of applying AR just to buy time.

That's you so much for your advice and moral support. Just hoping for the best now.

[sahidpatel22]

standard time is 8 weeks, not 3.
They can take more time, without having to explain why.
With points based visas, u do really know if you will get the visa or not, based on securing points etc.
IMO, u should have applied within 14 days of rejection of the first visa. I am not sure the impact of applying AR just to buy time.

Is there anyone who can tell me the impact of AR just to buy a time, other then that I am pretty sure I have secured all the points that require.

[CR001]

standard time is 8 weeks, not 3.
They can take more time, without having to explain why.
With points based visas, u do really know if you will get the visa or not, based on securing points etc.
IMO, u should have applied within 14 days of rejection of the first visa. I am not sure the impact of applying AR just to buy time.

Is there anyone who can tell me the impact of AR just to buy a time, other then that I am pretty sure I have secured all the points that require.

Which AR are you referring to? If the one that was withdrawn, then the AR point is irrelevant to your current application.

[sahidpatel22]

[quote=sahidpatel22 post_id=<a href="tel:1549087">1549087</a> time=<a href="tel:1508160447">1508160447</a> user_id=175451]
[quote=iworker post_id=<a href="tel:1549069">1549069</a> time=<a href="tel:1508158692">1508158692</a> user_id=77918]
standard time is 8 weeks, not 3.
They can take more time, without having to explain why.
With points based visas, u do really know if you will get the visa or not, based on securing points etc.
IMO, u should have applied within 14 days of rejection of the first visa. I am not sure the impact of applying AR just to buy time.

Is there anyone who can tell me the impact of AR just to buy a time, other then that I am pretty sure I have secured all the points that require.
[/quote]
Which AR are you referring to? If the one that was withdrawn, then the AR point is irrelevant to your current application.
[/quote]

The first application which is refused and done AR to buy a time and within 28 days we made a new application but after 14 days of AR date.

[CR001]

The first application which is refused and done AR to buy a time and within 28 days we made a new application but after 14 days of AR date.

There is no '28 days' anymore. You now only have 14 days from date of visa refusal or 14 days from date of AR refusal.

[sahidpatel22]

[quote=sahidpatel22 post_id=<a href="tel:1549128">1549128</a> time=<a href="tel:1508164713">1508164713</a> user_id=175451]
The first application which is refused and done AR to buy a time and within 28 days we made a new application but after 14 days of AR date.

There is no '28 days' anymore. You now only have 14 days from date of visa refusal or 14 days from date of AR refusal.
[/quote]

What if we applied during AR ? Does it make any difference

[CR001]

It does as your AR would have been withdrawn, as you stated, which means in effect it never really happened. It also means that you likely submitted a new application more than 14 days after you last visa refusal.

[sahidpatel22]

It does as your AR would have been withdrawn, as you stated, which means in effect it never really happened. It also means that you likely submitted a new application more than 14 days after you last visa refusal.

Does that means my visa will refuse!

[sahidpatel22]

It does as your AR would have been withdrawn, as you stated, which means in effect it never really happened. It also means that you likely submitted a new application more than 14 days after you last visa refusal.

Does that means my visa will refuse!

No, Because In guidance of AR states following,

Effect of fresh application
If an applicant has made an application for administrative review which is pending, the administrative review application ceases to be pending if the applicant makes an application for entry clearance, leave to enter or leave to remain. The application for administrative review ceases to be pending because the effect of making the fresh application is to withdraw the administrative review. The application for administrative review is treated as withdrawn under paragraph 34X(4) of the Immigration Rules.

Administrative review also ceases to be pending if the applicant has not yet applied for administrative review of an eligible decision and all the following apply:
• the time limit to apply for administrative review of the eligible decision has not yet expired
• the applicant’s leave was extended under section 3C because the valid application which led to the eligible decision was made in time
• the applicant makes an application for entry clearance, leave to enter or leave to remain.

Please correct me if I am miss understanding the this rules of AR

[sahidpatel22]

Hi All

My application is in process after receiving refusal I have applied for an AR. While my AR is pending I have submitted a new application. Now in the guidance of AR Says You must check CID and, if the applicant is or may be overseas, CRS to see if a new application has been made while the administrative review is pending. If it has, you must treat the administrative review application as withdrawn.

I don't understand this bit. Please anyone can help me to understand this.

[CR001]

Hi All

My application is in process after receiving refusal I have applied for an AR. While my AR is pending I have submitted a new application. Now in the guidance of AR Says You must check CID and, if the applicant is or may be overseas, CRS to see if a new application has been made while the administrative review is pending. If it has, you must treat the administrative review application as withdrawn.

I don't understand this bit. Please anyone can help me to understand this.

What is it that you don't understand??

[sahidpatel22]

[quote=sahidpatel22 post_id=<a href="tel:1549652">1549652</a> time=<a href="tel:1508248867">1508248867</a> user_id=175451]
Hi All

My application is in process after receiving refusal I have applied for an AR. While my AR is pending I have submitted a new application. Now in the guidance of AR Says You must check CID and, if the applicant is or may be overseas, CRS to see if a new application has been made while the administrative review is pending. If it has, you must treat the administrative review application as withdrawn.

I don't understand this bit. Please anyone can help me to understand this.

What is it that you don't understand??
[/quote]

How to do CRS Check as I have submitted new application while my AR was pending.

[CR001]

What you have quoted is what HO check.

As already explained to you, submitting a new application while you have an AR pending automatically withdraws the AR.

[sahidpatel22]

What you have quoted is what HO check.

As already explained to you, submitting a new application while you have an AR pending automatically withdraws the AR.

Aah Okay ... lets see what happens with my application. Just hoping for the best.

Appreciate your support and advice. Thank you so much.