Appeal Refusal Decision not received on time from Tribunal

[shindochaa]

Hi,

I was on PSW work visa which expired on Feb 2013 and I applied for Tier 2 visa under a consultancy company which was rejected due to wrong CoS, after which I appealed in court that UKBA would have invalidate my application as it was submitted with NQF level 4 CoS for which there are no visa at all. As its states in the procedures that all application are checked for correct documents and then accepted or rejected. I attended my first appeal in court and its decision was announced in the favour of UKBA.
After which my consultancy chicken'd out saying that if they give me new CoS with NQF level 6 UKBA might enquire them for fraud which I don't think is a case sas I am working in NQF level 6 jobs in IT. To keep my self legal while I search for new sponsorship I appealed in upper court in Dec 2013. In mean time I managed to find new sponsor and planned (on 12th Feb 2014)to withdraw my appeal and make a new application that is when I found Court has already rejected my appeal on 8th Jan 2014 and they mentioned both parties were notified by post where in real I never received any post from Tribunal Services about the decision. I am living in same address and all other posts are received even from UKBA in which I requested them to send me acknowledged copy of my passport so I can take IELTS exams.

As soon as I found this I went to my new sponsor-er to submit my new application turns out they were out of CoS and they applied to UKBA to allow them some more CoS and waiting to hear from UKBA.

In mean time I got in touch with Capita Team (Working on behalf of UKBA) and explain them the my situation but as per them I have over stayed as they count 28 day from 8th Jan 2014. This morning (17 Feb 2014) I received a duplicate copy of appeal decision which I requested from Tribunal Services as I found out my appeal was refused.

Hopefully I will be making new application before end of this week and my consent is will UKBA consider this situation while I make a new application or they will just reject it saying I have over stayed hence I cannot be given visa even if I have new sponsor-er and I meet the conditions for Tier 2 visa ?
some advised I need to count 28day from the day I found I my appeal was rejected which is 12th Feb 2014.

Did I overstayed ?? will my new application be rejected due this situation ??

Thanks in advance to all comments and suggestions.

Regards
Sagar

[shindochaa]

Hi All,

As my post received many views and not a single reply I am assuming that this might be very rare situation I am in and hence I would like to post the further developments in my case so someday someone can benefit from it.

I did manage to submit fresh Tier 2 application (priority services) and I was asked to do bio-metric on 3rd day and on the 8th day after my application I had a answer on my fresh application (impressed with the fast UKBA service) but this time too my application was denied (what a bummer isn't it / innit !!), this time I did manage to get the all the points in Appendix A, B, C and score 70 but they are considering me as over stayer and hence they cannot issue me a visa even after I meet all the requirements of Tier 2.

UKBA are not exercising there discretion power in considering the fact that I am not a over stayer as I didn't receive my upper tribunal court refusal letter until 6th Feb 2014 which was actually sent on 8th Jan 2014 to UKBA and my postal address (as per Tribunal Service). Temp Migration Team just didn't bother to take this up in there management chain to find if they can consider this situation. I discovered that my case was reject on 8th Jan 2014 when I got in touch with Tribunal Services asking them updated on my appeal permission on 6th Feb 2014.

Currently I am strongly considering JR and submitting Pre-action protocol in next couple of days - though I am advised that even if win the JR outcome can be just a request from JR team to UKBA to reconsider my application correctly, I am still going ahead with JR.

There are many solicitors which states if JR is won you will get the visa but I don't think that's the case so be alert out there as many are just in this business to make money and s***w up the individual's career and life's.


Regards
S.