New Application after Administrative Review Rejection

[arasam]

I applied to extend my tier 2 visa on 7 Feb 2018, before the visa expiry (11 April 2018). My contract was transferred from University A to University B in Feb 2017 under TUPE.
After more than 11 weeks, UKVI refused my application because they taught I am still working for University A. they said there is no evidence of RLMT. They gave me 14 days to apply for an Administrative Review. The HR in University B had sent the TUPE transfer info to UKVI last year but apparently, they haven’t completed the process. The University B has already admitted that this was their fault and they try to rectify the situation by completing the process.
I know I am under 3C condition now. I think I have no choice rather than applying for the Admin Review.
1. I know I can’t include any document. Could you please help me on what I have to write in my AR?
2. What options I have if they refuse the AR? Can I make a fresh application and how long I have to do so?
Obviously, there is no fault from my side, but I am in a big trouble now.
I lost a lot of time waiting for HR to find the problem and I only have a few days left to submit the AR. Your prompt reply would be highly apricated.

Many thanks in advance.

[cyclina1]

I applied to extend my tier 2 visa on 7 Feb 2018, before the visa expiry (11 April 2018). My contract was transferred from University A to University B in Feb 2017 under TUPE.
After more than 11 weeks, UKVI refused my application because they taught I am still working for University A. they said there is no evidence of RLMT. They gave me 14 days to apply for an Administrative Review. The HR in University B had sent the TUPE transfer info to UKVI last year but apparently, they haven’t completed the process. The University B has already admitted that this was their fault and they try to rectify the situation by completing the process.
I know I am under 3C condition now. I think I have no choice rather than applying for the Admin Review.
1. I know I can’t include any document. Could you please help me on what I have to write in my AR?
Except explain the situation, you have nothing you can do for Admin review. But if University B can complete the process on time. You may still have chance to grant the extension. So you should ask for discretion to grant you the extension if the University B can complete the process on time. As like what you said, it is not your fault and the HO should consider this.



2. What options I have if they refuse the AR? Can I make a fresh application and how long I have to do so?
You should urge University B to resolve this as soon as possible. Once your AR refused and if you are not going to JR, you have 14 days only to make the fresh application.


Obviously, there is no fault from my side, but I am in a big trouble now.
I lost a lot of time waiting for HR to find the problem and I only have a few days left to submit the AR. Your prompt reply would be highly apricated.

Many thanks in advance.

[arasam]

Many thanks cyclina1for your answers.

University B is now trying to rectify the situation. They completed the documents and also trying to push the caseworker to finalize the transfer.

My questions is if the AR wouldn’t be successful, can I apply based on a new CoS for the same job without need for RLMT? considering the fact that UKVI recognise me as employee of University B and the new CoS would be an extension again.

[arasam]

Considering my case, which option is more relevant to my application for AR:

• reached an incorrect decision that my supporting documents are not genuine

• reached an incorrect decision on the grounds that you gave false information

• reached an incorrect decision on the grounds that you failed to tell the Home Office about something relevant to your application

• applied the Immigration Rules incorrectly

• failed to apply the Secretary of State’s relevant published policy and guidance

• made an error in calculating the correct period of immigration leave either held or to be granted

Any taught would be highly appreciated, I only have one day left, if you think a lawyer mighy be helpful please let me know :’(

[arasam]

University B is now rectified the situation and my TUPE transfer is now registered with UKVI. I submitted AR as well.

My questions is if the AR wouldn’t be successful, can I apply based on a new CoS for the same job without need for RLMT?

[arasam]

Would you please someone help me to find answer to my following questions:
If my Administrative Review comes as unsuccessful, I must make a new application In 14 days:
1. How should I submit a new application while my passports are held by UKVI?
2. Can I use a premium appointment to submit my new application (without passport)?
3. the new start date on CoS is within a month from my probable application date, does this make any problem?
4. I have the option to apply with the same employer (3 months of my contract is left) or switch to a new A-rated sponsor on an open-ended contract, which one is safer?
Many thanks in advance for your time, I am really stressed by this issue and any help would be highly apricated.

[arasam]

My application to extend my tier 2 visa was refused as UKVI taught I am still working for my previous employer. they said there is no evidence of RLMT. My contract was transferred from University A to University B under TUPE. But the university failed to report the transfer correctly to UKVI (now they completed the transfer).
Then I applied for an Administrative Review and I am waiting for the result. I don't think UKVI accept my AR so I am preparing for a new application.

I know If my Administrative Review comes as unsuccessful, I must make a new application In 14 days. Would you please help me to find answer to my following questions:

1. How should I submit a new application while my passports are held by UKVI?

2. Can I use a premium appointment to submit my new application (without passport)?

3. the new start date on CoS would be within a month from my probable application date, does this make any problem?

4. I have the option to apply with the same employer (3 months of my contract is left) or switch to a new A-rated sponsor on an open-ended contract, which one is safer?

Many thanks in advance for your time, I am really stressed by this issue and any help would be highly appreciated.

[arasam]

Would you please help me with my questions? I am frustrated and It is really a stressful situation for my family.

[arasam]

I found answer to one of these questions. I share it here, it might be useful to someone.

My application to extend my tier 2 visa was refused as UKVI taught I am still working for my previous employer. they said there is no evidence of RLMT. My contract was transferred from University A to University B under TUPE. But the university failed to report the transfer correctly to UKVI (now they completed the transfer).
Then I applied for an Administrative Review and I am waiting for the result. I don't think UKVI accept my AR so I am preparing for a new application.

I know If my Administrative Review comes as unsuccessful, I must make a new application In 14 days. Would you please help me to find answer to my following questions:

1. How should I submit a new application while my passports are held by UKVI?

If the Home Office has the applicant’s proof of identity on the date of application, then the applicant obviously cannot provide it and you must not reject their application as invalid on this basis.
section "Exceptions to the requirement to provide proof of identity" in "Applications for leave to remain; validation, variation and withdrawal - Version 1.0"

2. Can I use a premium appointment to submit my new application?

3. the new start date on CoS would be within a month from my probable application date, does this make any problem?

4. I have the option to apply with the same employer (3 months of my contract is left) or switch to a new A-rated sponsor on an open-ended contract, which one is safer?

Many thanks in advance for your time, I am really stressed by this issue and any help would be highly appreciated.

Highly appreciate, if anyone know the answers to the other questions.