Tier 2 general refused, Administrative review

[sushil.c]

Hi,
I applied for a Tier 2 General visa on 25th May 2018 which was refused on the grounds that new entrant salary is not sufficient for a 5 year Tier 2 visa. My current Tier 4 leave to remain is valid until 31st May 2018. If at all my sponsor fails to reapply for new COS by 30th May I am thinking of going for an administrative review. Do we get a chance to apply for a further leave to remain after the administrative review is complete and the decision is kept the same as Refused?

Kind regards
S

[UKLL]

The decision will likely remain the same if you apply for admin review. Ask your employer to assign you another 3 years CoS right now!!

[ashishkm]

Hi,
I applied for a Tier 2 General visa on 25th May 2018 which was refused on the grounds that new entrant salary is not sufficient for a 5 year Tier 2 visa. My current Tier 4 leave to remain is valid until 31st May 2018. If at all my sponsor fails to reapply for new COS by 30th May I am thinking of going for an administrative review. Do we get a chance to apply for a further leave to remain after the administrative review is complete and the decision is kept the same as Refused?

Kind regards
S

What is the job code?

[sushil.c]

The SOC code is 3545.
The role is Supply chain coordinator
Do we get a COS on thhe same day we request if its a premium A rated Sponsor?
Also what are the rule around Overstay?
I read somehwere that we get 14 days from the date of your current leave to remain expiry to apply for further leave to remain.

Thanks
S

[arasam]

The SOC code is 3545.
The role is Supply chain coordinator
Do we get a COS on thhe same day we request if its a premium A rated Sponsor?
Also what are the rule around Overstay?
I read somehwere that we get 14 days from the date of your current leave to remain expiry to apply for further leave to remain.

Thanks
S

Apply for an AR if your new CoS would not get ready by the end date. it will give you 3C protection. you only can apply 14 day after your leave expiry if you have strong reason. but you will be able to make a fresh application within 14 days after your AR refusal or even when it is under review.
see section section 211 - Date of application in Tier 2 of the Points Based System – Policy Guidance.
good luck

[sushil.c]

Thanks a lot for your advise. Just to be clear what will be a strong reason? Also is the below applicable in my case?

Immigration status in the UK during the period of study and /or research in the UK
120. A period of continuous leave includes grants of entry clearance of leave to remain where you applied:
• before 24 November 2016 and no more than 28 days after your previous leave expired
• on or after 24 November 2016 and no more that 14 days after your previous leave expired and we consider that there are exceptional circumstances for the delay
• on or after 24 November 2016 and following the refusal of a previous application for leave which was made in-time or for which the Secretary of State considered there was a good reason why it could not be made in-time; and within 14 days of:
o the refusal of the previous application for leave; or
o the expiry of any leave which has been extended by section 3C of the Immigration Act 1971; or
o the expiry of the time limit for making an in-time application for administrative review or appeal (where applicable); or
o any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
121. You can only score 30 points if we can establish that the whole of your period of study in the UK for the eligible qualification was completed whilst you had leave to enter or remain that was not subject to a restriction preventing you from undertaking a course of study and/ or research.
122. No points will be awarded if your immigration status did not permit you to pursue a course of study at any point during which you were studying in the UK towards the eligible qualification.
123. You do not have to have remained in the UK throughout the entire period of your study. It is reasonable to expect, for example, that you may have undertaken periods of overseas study and/or research whilst obtaining the eligible qualification.

Thanks
S