If Tier 2 application gets refused??

[pokale2600]

Hello all,

Recently i have submitted Tier 2 application without CoS with a hope that i will be issued with CoS in this months panel. which dint happen. i have done biometrics as well. it looks to me that My tier 2 application will be refused at any time. does any one know if i will get a chance to appeal so i can extend my stay in UK and keep applying for CoS until appeal is heard or i will be asked to leave country without getting a chance to appeal??

Thanks.
A

[geriatrix]

If a decision on the application is made after your current leave has expired, you should get a right of appeal. If you appeal the decision, you'll continue to hold legal immigration status, under section 3C, until all legal options to appeal the decision(s) are exhausted.

But, AIUI, you'll not be able to make fresh application while the appeal is pending (see section 3.2 of the linked document).


regards

[pokale2600]

Thanks sushdmehta.

I was wondering if UKBA refuse my application it will be because application is invalid since application is without CoS. Do you still think in my case i will get chance to appeal?

Thanks again,
A

[geriatrix]

AIUI, without the CoS an application for FLR as Tier 2 migrant should be invalid (how can one apply for leave to enter / remain in UK as a sponsored worker without proof of sponsorship). But don't take my word for it.

As the linked document states, applicant benefits from section 3c protection only when an in-time and valid application is submitted.


regards

[pokale2600]

thanks for reply sushdmehta

[geriatrix]

A migrant must have a valid certificate of sponsorship to make a Tier 2 application. If you have a valid certificate of sponsorship, you are inside the limit and your application will be assessed as normal.

regards