Tier 2 Visa refused due to early application.

[sherifshaarawy]

Dear Group members,

I have a complicated situation that I would need your help with.

I’m currently in the Uk on tier 2 visa and my BRP expires on 15/7/18.

I got a new job with another employer and they issued a CoS for me with a start date of 2nd of July 2018.

I’ve applied to the standard visa service on the 29th of March 2018. I received my passport and brp 6 weeks after with a refusal letter. They’ve stated that my CoS isn’t valid as I applied before the 3 month period before the new job ( which was 3 days before!!) the application actually reached the home office on the 3rd of April( which is inside the 3 month period).

I’ve asked a hospital for a new CoS but unfortunately, they replied that the 6 months had passed since the job advert and now they need to re advertise the job!!

My questions are:

1) I’ve applied for administrative review and stated that the application had reached them within the 3 month period. Do you think that they can count it from the date they received the application? Or it is counted from the application date ?

2) if the CoS was rejected because it was before the time frame required, can I apply again with the same CoS?

3) when is the last official date that I can stay in my situation is it the date of the expiry of the Brp or afterwards?

4) if I exit the Uk before the end of the Brp is there a certain date that must return before or if the BRP is valid they would allow me to re enter even if it expires after a few days.

Thank you all

[cyclina1]

Dear Group members,

I have a complicated situation that I would need your help with.

I’m currently in the Uk on tier 2 visa and my BRP expires on 15/7/18.

I got a new job with another employer and they issued a CoS for me with a start date of 2nd of July 2018.

I’ve applied to the standard visa service on the 29th of March 2018. I received my passport and brp 6 weeks after with a refusal letter. They’ve stated that my CoS isn’t valid as I applied before the 3 month period before the new job ( which was 3 days before!!) the application actually reached the home office on the 3rd of April( which is inside the 3 month period).

I’ve asked a hospital for a new CoS but unfortunately, they replied that the 6 months had passed since the job advert and now they need to re advertise the job!!

My questions are:

1) I’ve applied for administrative review and stated that the application had reached them within the 3 month period. Do you think that they can count it from the date they received the application? Or it is counted from the application date ? if you use royal mail/ parcelforce, they count the date of stamp. if you use other couriers service (DPD/ DHL/ UPS etc...) they should count the date they received.

2) if the CoS was rejected because it was before the time frame required, can I apply again with the same CoS? Yes. Your CoS is still valid but you just applied too early

3) when is the last official date that I can stay in my situation is it the date of the expiry of the Brp or afterwards? the date of expiry is your last date in the UK, if you don't apply new extension.

4) if I exit the Uk before the end of the Brp is there a certain date that must return before or if the BRP is valid they would allow me to re enter even if it expires after a few days. You will be very complicated to reenter the UK if your BRP expired. Not advise so.

Thank you all

[sherifshaarawy]

Thank You so much for your reply, Are you sure that the CoS is still valid. So far what I know is that you can only use the CoS once to apply, if the visa is rejected I need to apply for a second CoS. I was willing that because they stated that the CoS was invalid since Ive applied earlier that it is still valid as long as the the validity date is still ongoing.
Do you have any experience with similar situations?


Many thanks
Kind regards

[sherifshaarawy]

Dear Group members,

I have a complicated situation that I would need your help with.

I’m currently in the Uk on tier 2 visa and my BRP expires on 15/7/18.

I got a new job with another employer and they issued a CoS for me with a start date of 2nd of July 2018.

I’ve applied to the standard visa service on the 29th of March 2018. I received my passport and brp 6 weeks after with a refusal letter. They’ve stated that my CoS isn’t valid as I applied before the 3 month period before the new job ( which was 3 days before!!) the application actually reached the home office on the 3rd of April( which is inside the 3 month period).

I’ve asked a hospital for a new CoS but unfortunately, they replied that the 6 months had passed since the job advert and now they need to re advertise the job!!

My questions are:

1) I’ve applied for administrative review and stated that the application had reached them within the 3 month period. Do you think that they can count it from the date they received the application? Or it is counted from the application date ? if you use royal mail/ parcelforce, they count the date of stamp. if you use other couriers service (DPD/ DHL/ UPS etc...) they should count the date they received.

2) if the CoS was rejected because it was before the time frame required, can I apply again with the same CoS? Yes. Your CoS is still valid but you just applied too early

3) when is the last official date that I can stay in my situation is it the date of the expiry of the Brp or afterwards? the date of expiry is your last date in the UK, if you don't apply new extension.

4) if I exit the Uk before the end of the Brp is there a certain date that must return before or if the BRP is valid they would allow me to re enter even if it expires after a few days. You will be very complicated to reenter the UK if your BRP expired. Not advise so.

Thank you all

Thank You so much for your reply, Are you sure that the CoS is still valid. So far what I know is that you can only use the CoS once to apply, if the visa is rejected I need to apply for a second CoS. I was willing that because they stated that the CoS was invalid since Ive applied earlier that it is still valid as long as the the validity date is still ongoing.
Do you have any experience with similar situations?

[crazy_p]

Yes. Your CoS is still valid but you just applied too early

I think this is wrong. As your application is rejected, if you wish to reapply, you need to get a new COS (number) from your employer. Best to wait for a moderator to advice.

[UKLL]

If the CoS is not valid, you won't be able to finish the application process online I don't think