Resubmitting tier 2 application after appeal?

[pokale2600]

Hello everyone,

Recently my Tier 2 G application was refused because application was submitted without CoS. Company decided to appeal against HO decision + to buy some more time for COS. In Dec panel we have issued with a CoS.

Can anyone suggest me please?

1. Shall I withdraw appeal or wait for decision to come through
2. Shall I submit fresh tier 2 application within UK or outside UK

I fear if I withdraw appeal and submit fresh tier 2 applications within UK, HO might refuse application saying it is out of date application.

Any suggestion will be appreciated,

Thanks

[pricesoft]

Congrats Pokale2600.

I am in a similar situation and I am also assuming you were switching from a PSW visa. What did you do differently in successfully getting a CoS this time around?

With regards to your situation, IMHO I'm afraid that your best bet might be to wait on the decision of your appeal. If the decision is favourable, then fine, otherwise leave the UK and re-apply from your home country. I understand you would most probably have preferred to re-apply whilst still in the UK but it is better to play it safe in the current circumstances.

Like you already said, there is a very good chance that UKBA might refuse your Tier 2 application as you will have effectively become an overstayer if you withdraw your appeal. Allowing a tier 2 application made as an overstayer is at the discretion of the UKBA. However, taking into account how difficult it is to obtain a CoS in the current climate, you wouldn't want to gamble with the one CoS you've got at the moment. I believe that a CoS allocation used with a refused or invalid application will be considered as used and can not be reused.

Like I already said, wait for the decision on your appeal, which should buy you some more time to plan. If the appeal goes in your favour, then fantastic. If not, then the time you would have had to plan should put you in a much better state of preparedness.

This is only my opinion, so please make sure you get plenty of advice.

[geriatrix]

Assuming appeal is to heard well in time to enable you to apply from home country (if appeal refused) before the new CoS expires (within 3 months of being assigned), I second the suggestions offered above.


regards

[Nicky09]

Hello Pokale2600.

Congratulations on getting the CoS.
I was wondering what grounds your company gave for appeal?

[pokale2600]

Thanks everyone.

Pricesoft: yes I have been on PSW. Luckily my job responsibilities are quite match to one of the job from job shortage list. Agency we hired this time helped us to get a COS. they have changed my job code that helped to put my job in shortage list and adjusted salary and working hours accordingly.

Nicky09: the ground of discretion under the Immigration Rules should have been exercised differently. We have explained reasons for not getting COS in a time because of new rules. Made it look like UKBA has not given relevant level of importance for a immigrant employee who has been working for same job/company for years and cant get a CoS because of new rules in place without getting an opportunity to be considered for a CoS request. (In my case our COS request wasn’t considered for first 2 panel meeting n they dint provide us reasons)
Hence immigration rules should have been exercised differently in my case ans UKBA should have hold on to my application until I was issued with a COS.
Don’t have exact letter format with me but we also provided email from panel meeting as a reference.

Recently I have received bundle of documents from HO. It is photocopy of my refused application passport, bank statement etc. just would like to know if I am supposed to post it to first tier tribunal as a part of my appeal supporting documents??

Regards