on March 31, 2022
Our client had previously entered the UK on a Tier 2 ICT visa. After a few years of her residence on the Tier 2 ICT visa, she was offered a role for which her employer was willing to sponsor her on a Tier 2 General visa. The employer assigned the CoS and our client submitted her application having prepared it herself.
The application was refused by the Home Office and our client’s Tier 2 ICT visa expired the next day.
She contacted us for advice, and we requested a copy of the documents submitted and the refusal letter from the Home Office.
The starting point was to review the refusal to ensure the points were addressed appropriately. We noted that there was an error in the SOC code used by the sponsor on the Certificate of Sponsorship. We advised the client to liaise with her employer and request the CoS to be corrected. Our client followed the advice and the employer agreed to correct and reissue the CoS.
A further challenge was that our client’s visa was expiring soon and therefore we had to act fast. As soon as we were provided with the supporting documents, we prepared the visa application and prepared detailed legal representations addressing the previous application’s refusal points and how the applicant met all the points under the points-based system. We also explained why her overstaying should be disregarded as per paragraph 39E of the Immigration Rules.
Despite the fact that the applicant had overstayed, our reasons for the brief period of overstaying were accepted by the Home Office. Our client was notified of the positive decision following a short wait of nine days.