Tier 2 visa refused and waiting for admin review reply

[donsanjee]

We applied for tier 2 visa using priority service and home Office refused our visa making us over stayed. Our previous tier 2 visa expired on 11/04/2018 and we applied for visa on 31/05/2018. Our first company lost their license so we had to find a new sponsor. Our lawyer conduct everything and he advised us we can stay in U.K.60days after our visa expired. Based on that we applied our visa on 31/05/2018 and home Office refused our visa. We are in a very stressful situation. Please any helpful advice. Has anyone get a positive reply from AR. We applied for AR on22/06/2018 but still didn’t hear from home Office.

[CR001]

You were advised wrong. There is no '60 days' you can stay once your visa expires. You should have left on the expiry date OR submitted an application within 14 days of your visa expiring.

What was the exact wording of the refusal letter, taking out personal details??

[Waseem432000]

We applied for tier 2 visa using priority service and home Office refused our visa making us over stayed. Our previous tier 2 visa expired on 11/04/2018 and we applied for visa on 31/05/2018. Our first company lost their license so we had to find a new sponsor. Our lawyer conduct everything and he advised us we can stay in U.K.60days after our visa expired. Based on that we applied our visa on 31/05/2018 and home Office refused our visa. We are in a very stressful situation. Please any helpful advice. Has anyone get a positive reply from AR. We applied for AR on22/06/2018 but still didn’t hear from home Office.

Can you please share the main reasons for refusal? I t could be helpful for others while someone with more immigration knowledge or any moderator can guide you too.

[donsanjee]

Thanks for the comments. Here is the exact words written in the refusal email. “Given that your clients Tier 2 leave expired on 11 April 2018 and he did not apply until 31 May 2018, he is considered to be an overstayer and fails to meet the above paragraph. I think the last correspondence you have received was incorrect. Our records show that no curtailment action was taken against your client following the sponsor licence being revoked. Below I have attached the relevant sponsorship guidance for reference. The 60 days grant of leave you are referring to relates specifically to Tier 4 Migrants who have had their leave to remain curtailed as a result of their sponsors licence being revoked. However as your client was a Tier 2 migrant and no curtailment action was taken, this does not apply in this case”.

[CR001]

Your AR is likely to fail as the refusal is correct and you will be given a certain number of days (usually 7) to leave the UK.

Have you got your passports back or has HO retained them?

It is very unfortunate that your solicitor has advised you so wrongly.

[donsanjee]

Our passports with the home office.

[donsanjee]

We made our mind. We are just waiting for refusal letter. I don’t know why they taking so long. Do you think that HO will reply with in 28 calendar days?

[CR001]

What date did you submit admin review?

Admin review is for when you believe HO has made a mistake so what argument have you used for the review?

If HO has retained your passports, they will be returned to you at the airport when you leave.

[donsanjee]

Review was applied under the applied the Immigration Rules incorrectly.

“An application was submitted and it has been refused on the basis that a curtailment notice had not been issue or pursued and therefore only 14 days was available from visa expiry in which to submit an application.

Guidance clearly states that, where a licence is revoked, a curtailment notice WILL be issued and that the applicant has 60 days from the date of curtailment or the date of visa expiry, whichever happens first.

The application was submitted within 60 days of visa expiry as a curtailment notice had not been issued.”
This is what our lawyer says in the review. We submitted review on 22/06/18.

[crazy_p]

Hi donsajee,

It is very unfortunate to know your situation. Did you see the below guidance [19.8]?
https://assets.publishing.service.gov.u ... l_v1.0.pdf

19.8 What happens to my sponsored migrants if my licence is
revoked?

If we revoke your licence, we will:
curtail the worker authorisation, or permission to stay in the UK of any other
migrants who were not actively involved usually to 60 calendar days - if the
migrant has fewer than 60 calendar days of their leave or worker
authorisation remaining, we will not shorten it.

It says they 'will'. But as they didn't curtail your stay does not mean that you are allowed to stay here after your current visa 'expiry' date. That makes you an over-stayer.

Good luck with all the things!

[CR001]

Review was applied under the applied the Immigration Rules incorrectly.

“An application was submitted and it has been refused on the basis that a curtailment notice had not been issue or pursued and therefore only 14 days was available from visa expiry in which to submit an application.

Guidance clearly states that, where a licence is revoked, a curtailment notice WILL be issued and that the applicant has 60 days from the date of curtailment or the date of visa expiry, whichever happens first.

The application was submitted within 60 days of visa expiry as a curtailment notice had not been issued.”
This is what our lawyer says in the review. We submitted review on 22/06/18.

Your solicitor has completely misunderstood the paragraph. You do not get 60 days after visa expiry if your visa is near expiry after licence revoked. As user 'crazy_p' has stated, you will not have 60 days or a curtailment letter if your visa at the time of revocation is valid for less than 60 days. Which means you should have left the UK by the date your visa expired or submitted a new application and you are now an overstayer.

On what date was the sponsor licence revoked?

What was the reason for the licence being revoked?

What date did you get the refusal of the Tier 2 application submitted on 31st May?

[donsanjee]

Hi all,

Thanks for you all comments.

After revoke our previous sponser licence, we clarified with HO whether can we work until our current leave expired (11/04/18) and how long can we stay in UK. HO send us in writting following statement.

“In relation to your question about the status of your sponsored workers, individuals are able to continue working for their sponsor undertaking the job for which they were sponsored after revocation of a sponsor licence. They will be issued with a curtailment letter and have 60 days from the date of the curtailment letter (or the end of their current leave if earlier) in which to leave the UK, find another sponsor, or regularise their stay under another immigration route.”

This was the reason we apply for new tier2 visa with a new sponser. When applying sponser licence team accepted above evidence and they issued the licence and COS but when applied for visa HO disregards the above statement and refused our visa.

[CR001]

Hi all,

Thanks for you all comments.

After revoke our previous sponser licence, we clarified with HO whether can we work until our current leave expired (11/04/18) and how long can we stay in UK. HO send us in writting following statement.

“In relation to your question about the status of your sponsored workers, individuals are able to continue working for their sponsor undertaking the job for which they were sponsored after revocation of a sponsor licence. They will be issued with a curtailment letter and have 60 days from the date of the curtailment letter (or the end of their current leave if earlier) in which to leave the UK, find another sponsor, or regularise their stay under another immigration route.”

This was the reason we apply for new tier2 visa with a new sponser. When applying sponser licence team accepted above evidence and they issued the licence and COS but when applied for visa HO disregards the above statement and refused our visa.

You seem to be persistently choosing to ignore this highlighted point.

On what date was the licence revoked??

[donsanjee]

08th of February 2018.

[CR001]

So your visa was already only valid for 62 days after revocation of licence which means you WOULD NOT have received a curtailment letter as there was no point given that your visa was expiring very close to the 60 days.

You should have therefore made an application before 11th April or left the UK.

You really have been very poorly advised by a solicitor, who presumably has charged you a hefty fee. Such a pity.

[donsanjee]

Hi All,
Today is exactly 28th day for AR. Still doesn’t hear from review team. I don’t know why they are taking so long to send a refusal. Very frustrating. I want to leave UK as soon as possible.

[crazy_p]

Very frustrating. I want to leave UK as soon as possible.

If you don't wanna wait for the AR decision, you can request to leave at anytime. The dept is called voluntarily leaving department. You should have their contact details in your refusal letter (May be in the last 2 pages [I've seen few]).

Contact them via a phone call and they will arrange your (+ dependants if any) passports to hand over at the airport in a selected date (You've to book the flight and inform them)

[donsanjee]

Thanks I might do this at the end of the month. I just worried HO will put a ban on our passports due to being over staying. It was not our fault actually but it happened now. Please any ideas.