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chatham-chamber
chatham-chamber, Solicitor
Category: Immigration Law
Satisfied Customers: 11865
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I’m a migrant entered UK as a student in 2009. I had my PSW

Customer Question

HiI’m a migrant entered UK as a student in 2009. I had my PSW which expired July 2015, I was trying for Tier 2 jobs had interviews consecutively but later during end of June 2015 I interviewed for a big company that makes jet engines. It was not a permanent role it was a contract role paying 300 a day. I had no choice and in rush to make Tier 2 application, ended with a Tier 2 sponsor established for over a year . We agreed on 65/35 deal on my day rate , as agreed my sponsor went to provide me CoS with the job description of the job I was offered. Applied for Tier 2 same day got them promptly then with visa went to do on boarding with the company. They took a while and after weeks they said they can’t accept my sponsor in their supply chain and also informed that my sponsor is not meeting its responsibilities. I went back to my sponsor, they said they are completely fine and insisted to find me a contract immediately in the job code with same job description. That’s was specific to aerospace industries and was very hard to find with same duties. I was try on the other hand , meanwhile without informing my sponsor has already notified Home Office that I didn’t commence my employment. Based on that HO curtailed my leave in October 2015. I took legal advice and made further representation saying that I wasn’t given chance to find another employer. Home Office said they cannot get into disputes between sponsor and migrant and issued me with Liability to detention/Removal with reporting conditions every month. Whilst reporting filed FLR(O) in October 2016 , as I was attending interviews I kept my original documents with me so HO issued an invalid application by March 2017 and soon filed another FLR(O) have given biometrics and is still pending with HO. I have been reporting every month without fail. Meanwhile in the time I applied for nearly 30 interviews with 5 offers and one offer from NHS trust said yes to sponsor. Meanwhile they issued conditional offer , collected references and documents. On starting my visa application with the trust , I disclosed everything to the trust with a backing from my solicitors that I had leave under 3C/3D . Now the problem is trust uses a visa team which came to me asking for two biometric letter from HO which I have and also asked about the concerned law relating to my 3C/3D leave. I have contacted solicitors but would also like s second opinion in my caseKind Regards
Submitted: 4 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 4 months ago.

I am sorry your case is too complicated for the services offered on JustAnswer. You need to contact an offline solicitor for a second opinion.

Customer: replied 4 months ago.
Thanks for referring me to another solicitor..... look forward to hearing from
Expert:  chatham-chamber replied 4 months ago.

Hi,

Do you still require assistance with this?

Customer: replied 4 months ago.
please sir
Expert:  chatham-chamber replied 4 months ago.

I am a little confused as to what information you are trying to obtain. Kindly elaborate.

many thanks,

Customer: replied 4 months ago.
Good MorningSo my Tier 2 visa was issued in July 2015 expiring August 2018Home Office curtailment letter received 29 October 2015Further representation was made but still received Home office notice ( Liable to detention/removal IS 96 and asked to report every month)During August received a job offer from a umbrella company, based on that filed FLR (O) , provided biometrics, home Office wrote back again in December 2016 requesting payment. Paid only surcharge filled with card details but kept passport and biometric card , posted back. March 2017 Home office requested payment again as previous one failed and also for other documents. Provided card details and posted back. By May 2017 , Home Office refunded my surcharge but no refusal was given . By June 2017 made another FLR ( O) , provided biometrics and waiting to hear from Home Office. Meanwhile I’m reporting at local police station every monthSo above is the situation, meantime I had a job offer from a trust and offered to sponsor me . When they ask me about my situation and previous applications I said everything apart from IS 96 notice and my reporting conditions.Question is can I apply for Tier 2 visa ?
Customer: replied 4 months ago.
I replied my employer that I’m having leave under section 3C/3D as my application is currently pending but they asked the relevant law
Expert:  chatham-chamber replied 4 months ago.

Hi,

I am a little confused. How can you still have leave if the Home Office have curtailed your visa?

Customer: replied 4 months ago.
Am I actually covered by 3C/3D leave, as my FLR (O) is still pending ? Or because of IS96 notice served am I considered a overstayer ? What are possibilities of me getting a Tier 2 VISA?
Expert:  chatham-chamber replied 4 months ago.

Hi,

Based on the information you have provided above, it would seem that you do not have any valid leave. You would only be covered by 3C/3D if you had a pending action at the Home Office. From the information you have provided, it seems that you have no pending application. As such, you are deemed to be an overstayer and not eligible to make an application from inside the UK. You will need to return to your home country and make your application from there.

I hope this answers your question. If so, kindly rate he answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 months ago.
Thanks for your reply . I have a pending FLR (HRO) applied in June 2017, and when enquired Home Office on it they said the application is not decided yet. Home Office never provided me a chance to find another employer once my leave was curtailed as the curtailment has no appeal nor administrative review
Expert:  chatham-chamber replied 4 months ago.

Hi,

If you have a pending application then your leave would continue under 3C. A letter to your employer from your solicitor would be sufficient.

I hope this answers your question. If so, kindly rate he answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 months ago.
HiThanks for that I have asked my solicitor already but my employer has asked me to contact my solicitors on the relevant law based on the conclusion that I have 3C/3D leave
Customer: replied 4 months ago.
Exact question from the employer visa team is
Please could he also request that his solicitor provide us with the law and information they are relying on to reach the conclusion that he is currently covered by 3C leave.I have a current application pending with Home Office, on the other hand I was also served “ Liable to detention/ removal and I’m reporting every month” but the notice says specially I have been temporarily admitted provided I reside at my address and report every month.I haven’t disclosed my employer about the notice . Can I disclose ? Will they still issue me CoS or just say I’m in 3C/3D leave as pending action from Home Office and request CoS based on pending application? I know I’m pain for you but thanks in advance
Customer: replied 4 months ago.
Hello SirLook forward to hearing from youKind Regards
Expert:  chatham-chamber replied 4 months ago.

Hi,

The law is the Immigration Rules. With reference to the Notice if you disclose this it may affect your employment, however, if you fail to do so it could be deemed as dishonesty.

I hope this answers your question. If so, kindly rate he answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 months ago.
But the law is inconsistent here Sir, which one actually counts on me1) do I count the notice
2) do I count the pending action from Home OfficeWhich applies to me ?
Expert:  chatham-chamber replied 4 months ago.

You will need to refer to the most recent action taken. From the information you have provide, this would be the pending action for removal from the home office.

I hope this answers your question. If so, kindly rate he answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 months ago.
Most recent action is the FLR ( HRO) made and home Office asked me to provide bio metrics which I did and the whole application is currently pending and when checked with home office number the adviser advised that decision hasn’t been made yet on my application. So can I move forward with this ?