T2 application after visa refusal

[leihongchi]

Hi,

I will apply T2 visa within 14 days of receiving a negative result of administrative review of my previous DES T4 visa refusal.
Currently, my passport is retained by UKVI, because my previous visa had expired. What should I do when I fill the online application form?
Should I call any one to request my passport? Or just mention anywhere that my passport is with UKVI already?

Many thanks

[vinny]

just mention anywhere that my passport is with UKVI already?

[leihongchi]

Hi Vinny,

Many thanks for your quick reply.
I checked the document you mentioned. But it talks mainly about how they deal with retained important documents and how to return for voluntary departure. I did not find any part describing re-application or new application following visa refusal.

Regards

Hongchi

[vinny]

Should I call any one to request my passport?

The important point was that they do not normally return documents after refusing an application.

Documents will not normally be returned to the individual or their representative in other circumstances unless the individual clearly demonstrates:

 they require the documentation to return voluntarily and:
o there are no reasons to doubt that the individual genuinely intends to travel
o the individual has produced proof that travel tickets have been purchased for a specific date of travel
o there is not enough time to arrange to send the passport to the relevant port to oversee the departure
 there are other exceptional reasons why the documentation should be returned

As they already have your passport, it's probably not an exceptional reason for them to return it, only to have you resubmit it again with a new application. What would be the point?

Does that make sense?

[dks]

Hi mate, sorry to jump in.
I am in the same situation. My passports are with UKVI at the moment. And my BRP is already expired. What are the options you were looking for? What was your previous visa? What is the reason for the refusal? And when did you submitted the AR.
In this case, if you get a sponsor, will it be accepted? ( I got some advicese saying that will be likely to get refused. Is it true?)

[CR001]

Hi mate, sorry to jump in.
I am in the same situation. My passports are with UKVI at the moment. And my BRP is already expired. What are the options you were looking for? What was your previous visa? What is the reason for the refusal? And when did you submitted the AR.
In this case, if you get a sponsor, will it be accepted? ( I got some advicese saying that will be likely to get refused. Is it true?)

Your circumstances are different in that your sponsors licence has been revoked. AR would not be relevant to you if your visa is now refused as you don't have a sponsor. The OP got a refusal of the T4 DES visa and not Tier 2.

uk-tier-2-employer-sponsored-visas/tier ... l#p1583339

[leihongchi]

Hi,

I applied Doctorate Extension Scheme (DES) in last August, with my wide as dependent. After, I have been working under C3 leave after getting awarded PhD since last September. However, due to document missing, our DES has been refused, eventually, after 2 administrative reviews. Now I am in a position that I need submit a new T2 application with my wife within 14 days of receiving my 2nd AR.

1. As long as I submit this application (with my wife as dependent) within 14 days, it should be a valid application, right? I mean there is no other issues that my previous refusal would affect my new application (of course I will mention this in application form).

2. I am working on a time-fixed contract and my eligibility to work under C3 leave ended from the date of 2nd AR. Therefore, my contract was added in a 4-week absent period to cover my visa re-application time and HR’s work eligibility check, prior to issuing COS statement. Will this affect visa application in any ways? Do I need to describe this in detail?

3. Since I have worked for 4 months, do I need to submit my payment slips for any reason?

4. Since I will be seen as switching from T4, and I shall provide documents:

• COS Statement
  Amended Assignment Letter (in accordance with COS)
  Original Assignment Letter
  My PhD Degree
  Bank Statements (mine and my wife’s)
  Proof of Address (and proof of relationship)

I understand I should go for case-working-level service, but I have only 14 days to get lots of things done. Please accept my apology if any of the questions above are more than general consultancy.

Regards

Hongchi

[leihongchi]

Hi,

I applied Doctorate Extension Scheme (DES) in last August, with my wide as dependent. After, I have been working under C3 leave after getting awarded PhD since last September. However, due to document missing, our DES has been refused, eventually, after 2 administrative reviews. Now I am in a position that I need submit a new T2 application with my wife within 14 days of receiving my 2nd AR.

1. As long as I submit this application (with my wife as dependent) within 14 days, it should be a valid application, right? I mean there is no other issues that my previous refusal would affect my new application (of course I will mention this in application form).

2. I am working on a time-fixed contract and my eligibility to work under C3 leave ended from the date of 2nd AR. Therefore, my contract was added in a 4-week absent period to cover my visa re-application time and HR’s work eligibility check, prior to issuing COS statement. Will this affect visa application in any ways? Do I need to describe this in detail?

3. Since I have worked for 4 months, do I need to submit my payment slips for any reason?

4. Since I will be seen as switching from T4, and I shall provide documents:
COS Statement
Amended Assignment Letter (in accordance with COS)
Original Assignment Letter
My PhD Degree
Bank Statements (mine and my wife’s)
Proof of Address (and proof of relationship)

I understand I should go for case-working-level service, but I have only 14 days, please accept my apology if any of the questions above are more than general consultancy.

(Not sure how come my last post went bleow one my of my ealier post....)

Regards

Hongchi

[leihongchi]

Hi,

Besides, as UKVI currently holding my passport. I do not have any other travel document, and I do not have my Chinese national identity card with me. Although the online formed provided an area to exlain, will this become an issue.

Application Form:
Do you have a valid passport? No
You are unable to provide your passport with your application because
You have previously applied for leave and your passport has not been returned
Do you have a valid national identity card? No
Do you have a most recent expired national identity card? No
Do you have a travel document? No
Explain why you are unable to provide either a valid national identity card or a travel document.
I have been using passport as my identity certificate and travel document. My Chinese national identity card is usually not a valid document in UK, and it was kept in my home in China. I have not applied for any other kind of travel document other than passport. With regard to my passport, it was not returned to me after our (my wife and I) previous DES visa application refusal (reference: xxxx-xxxx-xxxx-xxxx). We are now making this application within 14 days of receiving the AR decision.
What type of visa or leave to remain do you have? None
(Alert: Your application is unlikely to be successful if you do not currently hold a visa or permission to stay., but it was stated quite clear in application guide that within 14 days after visa refusal or AR decision, one can make T2 application)
Do you have a biometric residence permit?
No, I had a biometric residence permit for my most recent leave, but I do not have it now

As said, sry if these are too much for general consultancy, but I am truly out of time.

Regards


Hongchi

[CR001]

Topics Merged (click)

Kindly keep all your questions in one topic. It is not necessary to keep starting a new topic.

[leihongchi]

Dear CR001,

Oh, that was the reason. Thanks for letting me now.

Regards

Hongchi