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Visa runs out just before UK based applicant limit abolished

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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danielson81
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Joined: Mon Dec 13, 2010 8:36 pm

Visa runs out just before UK based applicant limit abolished

Post by danielson81 » Thu Dec 16, 2010 11:28 pm

I just read this post:

http://www.immigrationboards.com/viewtopic.php?t=67387


Now, my partners Post Grad visa runs out on the 4th March 2011, her employer has applied for the employers licence etc.

However reading things on here it is doubtful they will be issued a certificate as her job is non shortage and pays £20k.

However, is it legally possible for her to:

- Apply for a Tier 2 visa without a COS number the day before her visa runs out.

- 2 months later the UKBA write back and reject it and say you have XX days to leave as your visa has run out.

- Meanwhile in April her employer applies for a COS and gets it as the limit has changed. She then applies for a tier 2 when this comes through?

However does her time after 4th March count as being in the UK? Can you reapply when you have been told to leave?

Sorry if I've got this wrong, or got mixed up. I am not advising people do this, if its not lawful.

EDIT: As this cap has just been judged unlawful, this may not be necessary! :?:

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Fri Dec 17, 2010 6:49 pm

there are two main questions here, that needs answering, to resolve your issue.

can she make a new application while her previous app is under consideration?

the answer is categorically no.

can she make a new application after her old application is rejected?

the answer is again, no. ( cuz at the time of new app, her leave to remain is expired, no longer valid, thus invalidating any new in-country application).

hope this answers your query. feel free to ask for any clarification that you may require.

regards

danielson81
Newly Registered
Posts: 2
Joined: Mon Dec 13, 2010 8:36 pm

Post by danielson81 » Fri Dec 17, 2010 7:08 pm

thanks, thought it wouldnt be that easy.

Heres hoping the unlawful cap ruling today helps !

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Fri Dec 17, 2010 7:15 pm

about time, some one has acknowledged the damn illegal cap!

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