tier 2 application update & work status

[pokale2600]

Hello everyone,

here is some update from me about my tier 2 application

1: my psw to tier 2 was refused in NoV 2010 because application was sent without CoS

2: appealed against decision which was dismissed on 11th of Jan 2011
appeal conclusion: Further representation can be made to upper tribunal against appeal decision or fresh application can be made using a CoS

3: In dec panel we managed to get a CoS as my job is in job shortage list

4: Agency we have hired wants to submit my application within UK. they said they will ask for discretion based on my previous refused application

5: there is gap of 2 weeks after appeal result n fresh application

can anyone please tell me about my working status, if i am allowed to work while application is in process??

thanks & Regards

[geriatrix]

If you have not submitted further representation to Upper Tribunal against the First Tribunal's decision within the time stipulated for such action and if the time to submit such an appeal has expired, then your leave under section 3C has expired and you are an overstayer with no legal permission to remain or work in the UK.

A person whose leave under sections 3C or 3D expires and who has not been granted leave becomes an overstayer, is no longer subject to any conditions and no longer has any permission to work or run a business.

Any out-of-time application for leave to remain does not attract section 3C protection, therefore submitting a new application (as suggested by First Tribunal) now seeking a favourable decision at UKBA's discretion will not make your stay legal and doesn't give you the right to work until the application is approved by UKBA.



regards

[pokale2600]

Thanks a lot sushdmehata. Your precise answers have been always of great help.

[pokale2600]

Hello again,

Further to above discusion my fresh tier 2 application is not submitted yet. i am thinking to talk with my agency about submiting application from my home country and not from UK. I understand it takes atleast 4-6 weeks to process application and it will be very difficult for me to live in UK without geting paid.

i read on HO website that 99% of the entry clearence applications are processed within 2 weeks from india. can any one sugest me please if it is good idea to go to india and submit fresh application considering i have been overstayed ssince 18th of this month??

thanks in advance

[arsenal49]

after reading your case very quickly.... i personally dont think you have a choice..i mean you MUST go home and apply from there.... but thats just my opinion.

regards

[The Station Agent]

I personally tend to disagree because it is purely the UKBA's fault that this person's stay expired. The Tier 2 situation has meant a lot of people have fallen foul of the law - purely because the goalposts have been moved. The UKBA should NOT have been refusing FLR applications which were pending a CoS decision which they THEMSELVES had caused to be delayed. They should have kept the applications in abeyance for 3 months to give time for the CoS procedures to go through.

The holder only fell 'out of time' because of the UKBA's cap and its monthly decisions on who gets a CoS. Neither of these things (the cap or UKBA taking control away from sponsors) was in place when they original leave was granted. The applicant could not have applied for FLR any sooner (or any later). It is the UKBA that has caused this situation, so I feel that there is a good chance they would grant FLR even though the holder is now out of time. But the sooner the better.

It would be a travesty to send this person overseas and make them apply from there.

[pokale2600]

Thanks for kind response,

I have decided to go back to india and apply for entry clearance as appyling from UK means i will be unpaid till i get result from HO. that will take 6-8 weeks. so why not to be back home.

Bit of worry for me now is what will happen at imigration when i check in at airport. Hope they will not grill me with questions as my visa has expired long time ago. Any one has similar sort of experience ?????

[arsenal49]

you wont face many questions going out of country..... maybe when you are coming back!

just be truthful, and keep all the correspondance handy to prove your point...

browse this forum... there are cases similar to yours i.e leaving country with visa expired...

regards