Visa refused

[DJ483]

Dear Members of the forum,

Firstly I would like to thank the people responsible for running such a wonderful platform that helps every one in need and deliberate situations like me.

BackGround:

I had come to the UK on November 2015 on Tier 2 general on an RCOS valid untill Dec 2018.
and after coming here was working on and off till Feb 2017 and after that I couldn't secure work and by gods grace I was able to secure a job who were willing sponsor my tier 2 visa which was in May 2018 and they did file my application in June 2018 and I opted for postal priority service (10 Days) .

Current Situation:

On 22 June 2018 I got the information from the legal representative of the newly sponsoring company that My Application has been refused and the HO stated two reasons.
1.My current LTR to remain in the UK was curtailed on the 4 oct 2017 giving 60 days till 03 dec 2017 and I made an application for extension in June 2018. and the between has come under overstay. I DID NOT RECEIVE ANY LETTER STATING MY CURTAILMENT AND EITHER MY EMPLOYER HASN'T GIVEN ME AN NOTIFICATION OF MY LTR BEING CURTAILED.

2. The newly sponsoring company has done mistake in assigning the SOC code and explaining the responsibilities in accordance to that I didn't make the required 70 points, resulting in gaining only 40 points

The HO office has given me 14 days for AR and I have applied for it on 4th July 2018 and awaiting decision and the 28 days time is up and haven't received any response from HO.
DOES THIS HAPPEN OFTEN.....???

And to add to my stressful situation the sponsoring company has backed out and withdrawn the employment offer( you might be thinking "OBVIOUSLY"),

What would be my options from here on ?

And would this period in between count towards my ILR, the solicitor I'm consulting is saying that the 60 days between 2 jobs rule has been lifted in mar 2018. I'm assuming my chances are very low. But I'm facing the reality in this time so would like to gauge my options.

Apologies for the long post, But if any body could shed a little light on this It would be helpful

Thanks in Advance

[CR001]

. I had come to the UK on November 2015 on Tier 2 general on an RCOS valid untill Dec 2018.
and after coming here was working on and off till Feb 2017 and after that I couldn't secure work

What do you mean by this?? We're you contracting for an umbrella company or third party?

[DJ483]

. I had come to the UK on November 2015 on Tier 2 general on an RCOS valid untill Dec 2018.
and after coming here was working on and off till Feb 2017 and after that I couldn't secure work

What do you mean by this?? We're you contracting for an umbrella company or third party?

YES, I WAS contracting for third party

[CR001]

Did you pay a fee for your original Cos?

Did your "sponsor" take a monthly fee % of your earnings?

Were you required to find your own contract jobs?

[DJ483]

Did you pay a fee for your original Cos? NO

Did your "sponsor" take a monthly fee % of your earnings? NO

Were you required to find your own contract jobs? NO

[CR001]

Then please explain what you mean by you were contracting for a third party??j

Whose payroll were you on, sponsor or third party or..................?

[DJ483]

Then please explain what you mean by you were contracting for a third party??j

Whose payroll were you on, sponsor or third party or..................?

PAYROLL ON SPONSORED COMPANY

When I meant third party my work place was a different organisation.

I mean I'm asking about the application that was refused.....Please suggest me some idea about the situation i'm in.

[CR001]

Did you change addresses at all and not update HO?

Did you leave the UK at all after your last job?

Did you check your spam/junk folder in your email if HO has your correct email address?

[DJ483]

Did you change addresses at all and not update HO?
No I haven't changed any address, from the time I came its the same address, at the entry point the address I had given is the same till now

Did you leave the UK at all after your last job?
No I haven't travelled outside UK after my last job

Did you check your spam/junk folder in your email if HO has your correct email address?

I have been checking my e-mails on daily basis and I haven't received any letter via post or e-mail,
when I discussed it with some of my friends they said HO will call when I have overstayed or pursue me to leave the country

[CR001]

You should ask HO for proof that a curtailment letter was indeed sent.

[DJ483]

You should ask HO for proof that a curtailment letter was indeed sent.

how should I do that...?

also now that I've applied for AR what are the chances of that getting approved.
when I mean approved my question is would I get the 60 days period again or would HO grant the original application that I have made

Also would I be eligible for ILR

[CR001]

If you have a period of no legal stay, then no you won't qualify for ILR if it is longer than 14 days.

What argument did you present in AR?

AR is for when HO made a mistake.

How have you been supporting yourself since you stopped working in Feb 2017??

[DJ483]

[quote=CR001 post_id=1664869 time=1533156691 user_id=70994]
If you have a period of no legal stay, then no you won't qualify for ILR if it is longer than 14 days.
I Agree, But I haven't been informed about my visa being curtailed, would the HO accept that.

What argument did you present in AR?
That I haven't received any communication from them in regards with my curtailment neither by post or e-mail and from sponsoring company POV explaining why they have used such SOC and its requirements

AR is for when HO made a mistake.
Agreed, But I haven't received any information in regards with the curtailment.

The AR decision is still pending and its creating anxiety, any guess of what could be the reason...???

[cyclina1]

That's really depends on how the HO send the curtailment letter. If they sent it as registered sign for post (like deportation), and the record is received, then you have no chance to fight against (even you may really not read or see the letter).

If they again just sent like a second class post, then you may stand a chance in the court.

btw, on the HO record, as you overstayed, you have no chance to apply any PBS visa in the UK.

[DJ483]

That's really depends on how the HO send the curtailment letter. If they sent it as registered sign for post (like deportation), and the record is received, then you have no chance to fight against (even you may really not read or see the letter).

If they again just sent like a second class post, then you may stand a chance in the court.

btw, on the HO record, as you overstayed, you have no chance to apply any PBS visa in the UK.

Update:

Hi Guys,

firstly, thank you for being patient and responding to my questions

Just today I received my AR decision and it is refused on the basis the curtailment letter has been issued to the first company's legal representative via e-mail, but again I haven't received any information about my curtailment either from the legal representative or my employer. My solicitor is neutral about going for Judicial Review.

At this point I just don't want to be in much risk, I have some few questions if any body could suggest, Please:

My initial application was refused on the basis of overstay, and the HO have retained my passport for voluntary departure,
1. Would the HO put a 1 year ban on my record for any kind of application, either PBS or citizen dependant? would this effect my future applications to other countries

2. What are the chances of getting my case even for hearing and from there getting a positive outcome?

3. as my AR has been refused would my current status come under section 3c till apply for JR or whats the status for the in between period?

Also the decision for AR was made on 31st July 2018 and posted in 3rd Aug (as it says on the postage cover) and received today 08th Aug, in the letter it says you have one week time to leave the country so from when does this one week start and also the letter says if I received the letter by post two days from the day of the decision. I'm little confused about the time lines. Please someone help me to understand this?

thank you in advance

[pere0026]

I'd say no point to go through another review as U can't prove that HO made a mistake. U'll definitely have an issue with future applications to UK because of over stay other countries shouldn't be affected IMHO. Last point I'd say U have 7 days from receiving the letter.

[DJ483]

I'd say no point to go through another review as U can't prove that HO made a mistake. U'll definitely have an issue with future applications to UK because of over stay other countries shouldn't be affected IMHO. Last point I'd say U have 7 days from receiving the letter.

Hi pere0026,

Thank you for responding, I have sent e-mail to the representative asking about the curtailment letter being sent to her by the HO and she responded via e-mail saying that she hasn't received any such information from the HO.

Is this something worth going forward for the JR, cause its costing me lot of money and I don't want to get an overstay on my record cause genuinely I didn't get the notice.

CR001 and cyclina 1 thank you for the responses, Please share you thoughts on this

thank you

[crazy_p]

Hi DJ483,

I am thinking that you'll have a point to prove in a JR. If you are financially stable and if you can get the help of the representative who HO refers that your curtailment letter was sent to, I think you have a chance. But all depends on your circumstances and with a strong point saying you or the representative didn't receive the letter or any sort of a contact from HO.

If no one received a letter, how on earth someone will know that their visa is curtailed! My suggestion is, go for it with a 50 / 50 mindset if you are financially stable!

Wishing you good luck with everything!

[DJ483]

hello guys,

Thank you for the responses, after all the discussions and feedback, i have decided to go for JR and submitted the PAP( Pre-action Protocol ) on 17th Aug 2018 and received a response from HO on 23rd Aug 2018 that, in light of provided evidences about not receiving the curtailment they will now reconsider my case.

Can anyone please answer these questions

What are the factors they take into consideration at this stage ?

What is the status of my stay at this particular moment ?

TIA

[DJ483]

Hello guys,

I have received notice from HO in regards with my application and they served me with 60 curtailment notice. Very happy for decision. and thank you for all the members that responded.

Thank you