Withdrawal of Appeal and submission of new Tier 2 Applicatio

[ezemod123]

Hi all,

I am on Tier 2 General and my job stopped on Oct 30th 2015. On the 3rd of October, 2015 I applied for ILR but was refused because I stayed 6 months during my internship in USA as a student. I appealed the ILR refusal and have not gotten any date yet from the tribunal. Also, my tier 2 sponsor notified me that they have informed the home office that my work has ended.

As of this date I have not received any curtailment letter from home office regarding the tier 2 general which runs until 2017 Feb. Been living in same address for 5 years.

On Dec 4th I got new job which qualified for sponsorship and the COS is being processed by the employer and may be in latest next week to enable me do fresh tier 2 general application.

My questions:

1) If I withdraw the appeal and apply for new tier 2 general, will the home office accuse me of over staying? I have not received any curtailment letter on the tier 2 general visa.

2) Does the ILR application on 3rd Oct 2015 invalidates my tier 2 general visa after 3rd of October 2015 ILR application? which may mean I am now on 3C leave or 3D leave etc ( This is confusing because when I made the ILR application I was still working, and the tier 2 was valid. I have not received any curtailment letter)

3) I have one dependent on my tier 2 general visa, and My dependent did not apply with me during the ILR application, what is his fate? Is my dependent now an over stayer? ( wanted dependent to apply after successful ILR

Lawyers opinion differs, one said I can withdraw and apply for tier 2 general since I haven't received any curtailment letter, and the other said I am on 3C leave and cannot apply because if I withdraw the appeal I have over stayed my leaver to remain under 3c. Don't know what to do and whom to believe.

Can placing a call to home office be an option? Need to know my status.

Please every professional advise will be appreciated.

Regards,

Ezemod

[geriatrix]

Please confirm:
Did you appeal or did you apply for administrative review?
Did you apply for ILR under the 10 year route or PBS route?

[ezemod123]

Hi,

I appealed and no date yet has been given. The appeal was sent out on the 11th of October 2015.

The ILR was based on 10 years route (long residency)

Thank you

[geriatrix]

1. No, if you apply again within 28 days.
2. No.
3. No.

[ezemod123]

Hi Sushdmehta,

Thank you for the advice.

[ezemod123]

HOW DO I KNOW THAT MY TIER 2 IS STILL IN PLACE AND NOT INVALIDATED OR CURTAILED BY THE APPEAL I LODGED?

Please advise.

[geriatrix]

There is no need for you to shout.

[ezemod123]

DOES ANYONE HAVE CONTRARY VIEW TO SUSHDMEHT'S RESPONSE REGARDING MY SITUATION. I WILL BE GLAD HEAR FROM OTHER SENIOR MODERATORS.

[CR001]

There is no need for you to shout (click).

Sushdmehta is one of the most knowledgeable and long standing members on the forum and answered your question that were asked.

[ezemod123]

Hi all, this is What a lawyer said regarding my situation. Comments needed please. I think the lawyer is missing something out. (sushdmehta please I need your comment) :
................................................................................
Lawyers comments below

To be clear you are on 3c leave when appealing the decision to refuse by the Home office, as this is a continuation of the same decision, and a decision which can be challenged. ( a final decision on that case has not been taken) In essence you are still on a tier 2 Visa, but with the conditions that were in place for the last grant of tier 2. This will remain the position until such time as you either succeed on ILR or god forbid it is refused and appeals right exhausted.

There is no issue in changing categories for 3c leave purposes, but until the next VISA is granted, the previous VISA is continued.

As for curtailment, this does not apply here, as you have made in time applications each time. Your VISA cannot be curtailed, but the variation can be refused as you will by withdrawing your appeal AND ARGUABLY precluding yourself from the HO being able to curtail your leave, so at the point you submit letter withdrawing appeal, my view, and that of counsel ( advocate) is that it would be dangerous, if not negligent to withdraw the appeal. That is unless we can get it in writing from the HO that for the purposes of the 10 year route they will not consider it as a period of overstaying.

I have spoken to an advocate and they both agree that this is treading on dangerous water, and by withdrawing appeal, even they cannot give a definitive answer. If however you allow the appeal to proceed, and at the end of becoming appeals right exhausted, as you have not withdrawn the appeal, the HO would then have to allow a further period for you to voluntarily leave the country at which time you could apply


Hope this helps.

[ezemod123]

Hi,

I received tier 2 Curtailment letter on the 25th of January, stating that I have until the 29th of March to leave the UK if I didn't change my current leave to remain as it ends on the 29th of march. My previous work ended on the October 30th 2015.

Today, the 27th of January 2016, I received COS for tier 2 change of employment with new employer.

Already, I have an appeal pending on the 10 years route ILR application which was refused because I stayed beyond 6 months when I went for internship outside the UK as a student in 2006.

My question,

1) Should I submit the tier 2 application while I have a pending appeal?

2) Should I withdraw the appeal before submitting the tier 2 application?

Your advise will be appreciated.

[ezemod123]

Hi,

I received tier 2 Curtailment letter on the 25th of January, stating that I have until the 29th of March to leave the UK if I didn't change my current leave to remain as it ends on the 29th of march. My previous work ended on the October 30th 2015.

Today, the 27th of January 2016, I received COS for tier 2 change of employment with new employer.

Already, I have an appeal pending on the 10 years route ILR application which was refused because I stayed beyond 6 months when I went for internship outside the UK as a student in 2006.

My question,

1) Should I submit the tier 2 application while I have a pending appeal?

2) Should I withdraw the appeal before submitting the tier 2 application?

Your advise will be appreciated.

[Frontier Mole]

You can't have two immigration applications at the same time.
The suggested route would be to withdraw your ILR claim and simultaneously apply for your Tier 2