Tier 2 General Visa Refusal Overturned at Administrative Review by A Y & J Solicitors
Tier 2 General Visa refusal can be a stressful experience for genuine skilled migrant worker. Dr S was initially granted leave to enter as a Tier 4 student. She later applied for further leave to remain as a Tier 2 (General) Migrant, which she was granted so she could work for a Dental Practice as a Dentist. Dr S then applied for further leave to remain to take a second job as Clinical Lecturer in Prosthodontics and Restorative Dentistry with a University—a different SOC code to her first employment. A further application under Tier 2 (General) Migrant was submitted, which was granted to extend her second employment as a Clinical Lecturer in the University, while keeping her primary employment with the Dental Practice.
Hard-Working Dentist Seeks Tier 2 General Visa Extension
Dr S then had two Biometric Residence Permit (BRP) cards; one to work for the Dental Practice and the other for the University. She made an extension application as a Tier 2 (General) Migrant to continue working for the Dental Practice and attended the Croydon Premium Centre to submit her application in person.
Dr S was working 20 hours per week with an annual salary of over £37,000 as a Dental practitioner. She provided a Certificate of Good Standing from General Dental Council in the UK, and her Enhanced Certificate of Disclosure and Barring Service as part of her extension application.
UKVI Refuses Tier 2 Visa Extension Application
Despite a very well-prepared UK visa application, Dr. S unfortunately received a refusal of her Tier 2 (General) extension application, alleging she was not exempt from the Resident Labour Market Test (RLMT) as she had a ‘different employer’. Dr. S was devastated to receive such an unexpected refusal and was fearful of being removed from the UK and losing her hard earned and desirable career in the UK as a dentist.
Dr. S consulted one of our lawyers at A Y & J Solicitors for assistance. We reviewed Dr. S’s refusal notice and conducted detailed and thorough research of the relevant immigration rules and policy guidance. We also consulted a highly experienced barrister to advise on the merits of the case. We drafted a very detailed grounds for an Administrative Review and submitted it to the UKVI before the deadline with the goal of having the refusal overturned.
A Y & J Solicitors Provides Detailed Grounds for Administrative Review
We argued that there was a clear case working error by UK Visa and Immigration (UKVI). They had failed to appreciate the immigration history of Dr S, and her two sponsors:
We argued that there was a clear case working error by UK Visa and Immigration (UKVI). They had failed to appreciate the immigration history of Dr. S, and her two sponsors: The Dental Practice and the University. Dr S provided a Certificate of Sponsorship from the Dental Practice showing she was exempt from the RLMT requirement because she was an existing employee seeking an extension of leave to remain under Tier 2 with the same employer. We argued that Dr. S was exempt from the RLMT as set out under Appendix A.
UKVI acknowledged the case-working error, reconsidered their decision, and granted Dr. S a Tier 2 extension of leave to continue work for the Dental Practice. She was very relieved by the outstanding outcome of the AR decision. Upon our request, UKVI refunded her AR application fees. It was extremely stressful for Dr. S to face such a harsh refusal decision but with right legal advice she managed to get the refusal overturned.
We at A Y & J Solicitors are very proud and privileged to have helped Dr. S in this short yet technically complicated Tier 2 refusal decision. If you are facing a challenging Tier 2 situation, please contact us today by email at [email protected] or by phone on +44 20 7404 7933. We’re here to help.