Tier 2 Visa Rejected - Overstay - Judicial Review

[zzeeshann]

Hi, I am in a serious trouble and need some advice any help will be much appreciated. My case is described as below in home office letter.

It is acknowledge that your appeal related to your Tier 1 Entrepreneur application was dismissed on 15 September 2017, and was subsequently withdrawn by you on 02 February 2018, and therefore your leave was extended under the provisions of Section 3C until the date of withdrawal(02- Feb - 2018).

It is acknowledge that you then submitted a Tier 2 application on 05-Feb-2018 and satisfied the provisions under Paragraph 39E(2)(a) and (b)(iv), however 3C leave was not extended as 3C leave is not accrued whilst a fresh application is being decided.

The application was refused on 12 Feb 2018 due to you not meeting the salary threshold for the chosen SOC Code, however you were not deemed an overstayer at this stage, and therefore, this was not stipulated within the decision letter. (**I want to point out here, My NHS Employer Confirmed me correct salary in email on a Job offer letter before I applied the application but they made a mistake in COS**)

You then submitted an AR on 24 Feb 2018, however it is noted that whilst the decision was pending, you submitted another Tier 2 application on 14 March 2018(*** My employer gave me new COS with corrected salary this time***), which withdrew your AR rights in accordance with Paragraph 34X(4) and as your 3C leave came to an end on 02 Feb 2018: this is the date you are deemed to become an overstayer in accordance with the published guidance for 3C leave under Section 3C Immigration Act 1971.

Therefore we have maintained the decision to refuse your application as you have failed to satisfy the requirements of Paragraph 245HD(p) with reference to Paragraph 39E of the immigration rules.

Should you wish to raise JR, this should be submitted via the correct channels using appropriate claim form and subsequently seek permission in the Administrative Court Office (ACO)

I want to ask respected community members what are my chances now in JR, As NHS confirmed me correct salary on job offer letter which is on shortage occupation list but they filled wrong in COS and later they apologised me on email that it was their mistake. Is there any chance I can win JR or can get any deal from home office as why they are giving employer's mistake punishment to me. Any help appreciated.

thanks

[cyclina1]

I think you leave the UK and apply Tier2 again in your home country will be quicker than JR, also cost less.

Your overstay is not intentional (due to the mistake of your employer), so it should not be a big issue if you go home and apply Tier 2 again.