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Appeal Pending and 1 year Remaining for 10 years

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Noor1987
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Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Wed Apr 08, 2015 10:13 pm

Dear Gents/Ladies
I need your help.
My T1 entrepreneur (From PSW) appeal is pending and at the last stage. Decision from upper tribunal is expected any time.
If the decision is not favourable then I am thinking to apply FLR in 28 days. During FLR application I will vary and apply T2 General.
I am confused now and want to understand if this is correct way?
Your assistance will be valued.

Many Thanks

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Zee ali » Thu Apr 09, 2015 12:31 am

Noor1987 wrote:Dear Gents/Ladies
I need your help.
My T1 entrepreneur (From PSW) appeal is pending and at the last stage. Decision from upper tribunal is expected any time.
If the decision is not favourable then I am thinking to apply FLR in 28 days. During FLR application I will vary and apply T2 General.
I am confused now and want to understand if this is correct way?
Your assistance will be valued.

Many Thanks
yes but u must get this Tier 2 visa in order to keep your 10 years legally continuously.

Why u want to put flr first than vary it to tier 2 ? Cant u directly apply for Tier 2
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Thu Apr 09, 2015 11:33 pm

Mr Ali,
I appreciate your valuable reply.
Basically I have been asked by employer that I should apply for FLR if decision is against me from upper tribunal. then we can vary before bio-metrics and apply T2. Reason he stated that my appeal is pending in court and in home office record, I have no valid leave to remain.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Olasunkanmi » Sat Apr 11, 2015 1:40 pm

@ Noor1987, are you waiting for UT permission to appeal decision or UT hearing decision
The key to success is knowledge and hardwork, and to have faith.

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Sat Apr 11, 2015 8:18 pm

Dear Olasunkanmi
I am waiting for UT permission to appeal decision.

Kind Regards

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Zee ali » Sun Apr 12, 2015 6:25 am

Noor1987 wrote:Mr Ali,
I appreciate your valuable reply.
Basically I have been asked by employer that I should apply for FLR if decision is against me from upper tribunal. then we can vary before bio-metrics and apply T2. Reason he stated that my appeal is pending in court and in home office record, I have no valid leave to remain.
He is wrong saying that.

When u r in court u r cover by section 3c. So your previous visa conditions still apply.

When u exhaust all your appeal rights than u become overstayer but still have 28 days to apply for a new visa.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Sun Apr 12, 2015 10:08 am

Dear Ali,
Many Thanks for your reply.
If application from upper tribunal is refused then I have no option other than to apply new application in 28 days?
Can I apply T2 in those 28 days without RLMT?
I want to wait for UT decision as it may delayed or in favour, also I have nearly 11 months remaining for 10 years in this country.
I will be very grateful of your response.
Regards

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Mon Apr 13, 2015 8:25 pm

Dear Ali & Olasunkanmi,
Can you please look into the above question.
Thanks as always.

innovation2000
Junior Member
Posts: 69
Joined: Mon Apr 13, 2015 9:16 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by innovation2000 » Mon Apr 13, 2015 9:56 pm

Hi Noor1987

Please share your time line as many new members what to know how much time FTT and UT are taking to decide on the appeal at the moment?If UP tribunal also refuse the appeal then can appellant go to Court of appeal?
Thanks for your advice

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Tue Apr 14, 2015 12:36 am

Please find my application timeline as requested.

T1 (Entrepreneur) application refused on 29 May 2014.
Hearing was on 19 November 2014,
Appeal Refused on 26th November 2014.
Applied for permission to appeal (FTT) on 08-12-2014.
Permission to appeal (FTT) was also refused on 27-01-2015.
Applied for Permission to appeal (UT) on 08-02-2015, received an acknowledgement on 12-02-2015 and waiting for decision.

If upper tribunal refuse my application, can I go to court of appeal & my legal stay will be counted? I was told by someone that if I go to court of appeal, my 10 years long residency will be broken. please correct me.

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Tue Apr 14, 2015 9:14 pm

Dear Z Ali / Olasunkanmi
Can you kindly answer the following questions.

If application from upper tribunal is refused then I have no option other than to apply new application in 28 days?
Can I apply T2 in those 28 days without RLMT?
I want to wait for UT decision as it may delayed or in favour, also I have nearly 11 months remaining for 10 years in this country.
If upper tribunal refuse my permission to appeal, can I go yo court of appeal? And my 10 years long residency will not be broken?

I will be very grateful of your response.
Regards

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Zaidii » Wed Apr 15, 2015 8:06 am

Hi noor, if you search the forum I remember seeing posts of a member very similar to your sort of situation got tier2 at peo after withdrawing the appeal without RLMT as there last granted leave was PSW

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Wed Apr 15, 2015 12:55 pm

Dear Zaidi,
I Appreciate your post.
I have a confusion regarding the following questions. If anyone could answer it.
1: If upper tribunal refuse my permission to appeal, can I go yo court of appeal? And my 10 years long residency will not be broken?
2: If upper tribunal refuse my permission to appeal, can I apply T2 without RLMT as my 3c will end on the day when decision's against me.

Kind Regards

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Zaidii » Wed Apr 15, 2015 2:51 pm

Hi noor
If you get refused PTA from UT then you won't have anymore right to appeal. You could apply again within 28 days from the day you receive the judgement.
The new application has to be successful in order to keep long residence chain unbroken.
I don't have knowledge to comment on the 2nd question you've asked.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Zee ali » Wed Apr 15, 2015 9:16 pm

Noor1987 wrote:Dear Zaidi,
I Appreciate your post.
I have a confusion regarding the following questions. If anyone could answer it.
1: If upper tribunal refuse my permission to appeal, can I go yo court of appeal? And my 10 years long residency will not be broken?
2: If upper tribunal refuse my permission to appeal, can I apply T2 without RLMT as my 3c will end on the day when decision's against me.

Kind Regards
@Zaidi is right

If your last grant was psw than yes u can apply tier 2 without Labor market test
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Thu Apr 16, 2015 5:51 am

Thank you Z Ali / Zaidi
I appreciate your time and reply.
I have decided to wait for the UT decision and will apply T2 in 28 days. I understand that I will have no right of appeal. For worst case scenario, if there is any problem in T2 process, is there any application e.g human right, FLR etc?

wahab
Newly Registered
Posts: 3
Joined: Sun Apr 19, 2015 1:04 am

Re: Appeal Pending and 1 year Remaining for 10 years

Post by wahab » Sun Apr 19, 2015 1:11 am

brother kindly can you plz tell me the complete timetable of your case that when did you apply for this visa,when u got refusal from HO,then when your appeal got refused plus when u apply for upper court and HOW CAN YOU GOT PERMISSION FOR UPPER COURT.Because im really sick and getting panic for my visa.
I applied on 16/09/2013.
got refusal on 27 march 2014 and applied for appeal on same day.
Got hearing date on 21/11/2014,hearing was refused on 05/02/2015.Then apply to get permission for upper court hearing which was also refused but m now planning to apply again in order to get permission for upper tribunal hearing......
Kindly guide me with that.Thanks a lot

innovation2000
Junior Member
Posts: 69
Joined: Mon Apr 13, 2015 9:16 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by innovation2000 » Sun Apr 19, 2015 9:55 am

Hi Wahab
I think you need to apply within 14 days to Upper Ttibubal I either way but get advise from seniors as well.

Noor1987
Newly Registered
Posts: 11
Joined: Wed Apr 08, 2015 9:58 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by Noor1987 » Mon Apr 20, 2015 3:55 pm

Wahab,

As requested,Please find my details.
Feb2014, had applied T1 (Entrepreneur).

T1 (Entrepreneur) application refused on 29 May 2014.
Hearing was on 19 November 2014,
Applied for permission to appeal (FTT) on 08-12-2014.
Applied for Permission to appeal (UT) on 08-02-2015, received an acknowledgement on 12-02-2015 and waiting for decision.

innovation2000
Junior Member
Posts: 69
Joined: Mon Apr 13, 2015 9:16 pm

Re: Appeal Pending and 1 year Remaining for 10 years

Post by innovation2000 » Fri Apr 24, 2015 11:16 am

Hi Wahab

Have you applied UT for permission to appeal and have you receive any response yet?

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