Experts help needed regarding my application just withdrawn

[ragavaram147]

Hi gurus

last Monday I withdrawn my UT application on my own without notifying my solicitor because she trying to convince we will win the case and want to squeeze some more money from me. And I applied for tier 2 general on same day. application delivered on Wednesday and money deducted on Thursday but still not received any acknowledgement, but me and my solicitor both got confirmation of withdrawal.

Today my solicitor received a letter from HM courts and tribunal stating this
The respondent to this appeal is the Secretary of State for the Home Department.

Documents relating to this appeal should be sent to the Secretary of State for the Home Department, at the above address.
2. The respondent does not oppose the appellant's application for permission to appeal and invites the Tribunal to set aside the original determination. It is conceded that the evidential flexibility policy was not complied with in this case. It is requested that the Upper Tribunal remake the decision in this case, finding that the Secretary of State for
the Home Department's refusal was not in accordance with the law.

I am totally confused, when I withdraw application why did they send this letter. Please need advice as my spouse need to join his new job on Dec 9. He is in dilemma whether to resign or not the present job.

[ragavaram147]

Please anyone help appreciated

[ragavaram147]

I am in desperate please someone reply me.

Thanks

[ragavaram147]

Hi ikon help thanks for ur reply. Yes I applied for Tier 2 on same day. As I told u just money deducted for application from account last Thursday. Soo I have not received anything, I am waiting for the acknowledgement.

[Olasunkanmi]

@ ragavaram147, it seem that the letter you received from the UT have been dispatched before your withdrawal has been entered on the system.
The best way to confirm this is to phone the UT direct no and confirm if your appeal has been withdrawn and if they can confirm this, then just ignore the latest letter from them and hope for the best with your new application.

[ragavaram147]

@Olasunkanmi thanks for ur advise

I will call UT tomorrow to find out what happening with the application.

Just to confirm when we with draw application and apply in different category do we get acknowledgement and how long does it take to get us.

Thanks in advance

[ragavaram147]

HI all on my above case I called UT this morning to confirm whether my appeal was withdrawn they said it has been withdrawn now. And they said the letter
"The respondent to this appeal is the Secretary of State for the Home Department. Documents relating to this appeal should be sent to the Secretary of State for the Home Department, at the above address.
2. The respondent does not oppose the appellant's application for permission to appeal and invites the Tribunal to set aside the original determination. It is conceded that the evidential flexibility policy was not complied with in this case. It is requested that the Upper Tribunal remake the decision in this case, finding that the Secretary of State for
the Home Department's refusal was not in accordance with the law."

was sent by home office to us soo we attached that copy and sent to u.

I don't understand when I withdraw application why did they sent this letter. Is there any chance even if I withdraw application does home office will go to UT

[ragavaram147]

Experts please advice me

Thanks in advance

[sri2013]

@Ragavaram147
I have PM about a advice on withdrwaing the case from UT, can you please reply me on it.

Thanks
Sri.

[Princess of Ammi]

Dear Brother,

when you lodge your appeal further to an upper tribunal it is then upper tribunal to decide a case should or should not be heard it is regardless of an appellant does retreat over an appeal, reason behind is it to implement the law as your wrote an error made by lower tribunal has been found by upper tribunal, however even if the error found by upper tribunal will be recorded as a reference that would not bring any impact to your appeal win or loose as such cases are left as they are because in your case you have withdrawn the appeal if in case judgments in your favor still can not favor you

I in my next post paste a link (that I am trying to find) that takes you to a judgement where Upper tribunal heard a case when appeal had already been withdrawn by appellant hope that should help you to understand how it works.

Regards,

[ragavaram147]

@Princess Of Ammi,

Thanks for ur valuable advice. onr thing I don't understand now are they still going for hearing even if with draw?

I am confused brother can u explain me a bit clearly

What happens to my application about tier 2

Thanks in advance

[Princess of Ammi]

I am afraid I can not say anything on whether your application to go successful or faces a decline, if you understood the rules allowing an applicant to make a fresh application within 28 days of latest judgment, if another implications involved like immigration history as you have built now you should be alright with it

if I were you I would have consulted an immigration specialist the one who already has dealt with same or similar cases before taking such an initiative an this.

regards,

[ragavaram147]

@ Princess Of Ammi thank for ur reply

I have consulted couple of solicitors before I applied they said I can with draw application and can go for new category, on their word I applied for T2

[ragavaram147]

Now I got more scared by your words Princess Of Ammi

Is tht not possible to with draw an UT appeal and apply for New category visa

[ragavaram147]

Is there any one who withdraw there UT appeal and applied fresh application please reply me tht will give little relief for me

Thanks in advance

[Princess of Ammi]

I'm sorry if any of my words put you in any worries but I tried to be more realistic whilst I wrote that

what you were supposed to have done you have, lets leave it with decisive

apparently nothing wrong that is seen with your new application it should go through whereas your U-tribunal they seem close the decision by saying loll..

FIT has been identified making an error in law however appellant no more wants it further for hearing. I(we) therefore allow appellant to withdraw his appeal to upper tribunal as there is no case before us

believe it or not you will see this happening

thanks,

[Olasunkanmi]

@Princess Of Ammi,

Thanks for ur valuable advice. onr thing I don't understand now are they still going for hearing even if with draw?

I am confused brother can u explain me a bit clearly

What happens to my application about tier 2

Thanks in advance

Your Tier 2 application was accepted as payment as been taken according to you, so just relax and wait for your acknowledgement letter which sometime takes between 5-10 working days to get to you. And the success of your tier 2 application depend on you meeting the requirement, but surely your application is valid as you applied immediately after appeal withdrawal.

As per the letter you got from the tribunal about the appeal, you stated that the UT told you that;

''was sent by home office to us soo we attached that copy and sent to u''

The above statement means that Home Office sent out the letter before you withdraw your appeal because for the letter to get to UT and then being forwarded back to you will take some time.

You already got the answer to your query from the UT and I still don't understand why you are feeling un-easy.

[ragavaram147]

@ Olasunkanmi Thank you for ur reply mate you always give relief. I appreciate for ur advice.

Just to update in my case I have got my acknowledgement and biometrics both together this morning.

Thanks to all

[Olasunkanmi]

@ ragavaram147, congrats and wish you the best of luck in your tier 2 application. Don't forget to update the forum on the outcome of your tier 2 application so that others might benefit from your experience.

[razi1234]

@ Olasunkanmi Thank you for ur reply mate you always give relief. I appreciate for ur advice.

Just to update in my case I have got my acknowledgement and biometrics both together this morning.

Thanks to all

hi ragavaram147,i hv sent u pm ,plz reply

[ragavaram147]

Hi all just an update on my status!!!!!

We have been granted visa on T2G

[ragavaram147]

Need experts advice on my situation

My Partner recently got T2G visa and i got dependent visa in country, we both were on PSW visa previously.

For some personal reasons i want to switch into T2G main applicant and want to apply T2G dependent for my partner.

I have got job and they are ready to sponsor me. Is tht possible to switch in country according to my issue if sooo.

1. Do I need to go for RLMT or iam exempted.

2. am I eligible for new entrant or i need to apply under experience category

[Olasunkanmi]

Hi all just an update on my status!!!!!

We have been granted visa on T2G

Congratulation and my advise will be for you to keep your present visa as you could switch later near the end of you present visa.

[ragavaram147]

@ Olasunkanmi thanks for ur advise i acknowledge ur words. But the situation is i have to change any way it will take some time like 3 to 6 months. Mean time i want to know wether T2G dependent can switch into T2G main applicant so that i can start my process.

Thanks in advance

[Olasunkanmi]

@ Olasunkanmi thanks for ur advise i acknowledge ur words. But the situation is i have to change any way it will take some time like 3 to 6 months. Mean time i want to know wether T2G dependent can switch into T2G main applicant so that i can start my process.

Thanks in advance

The new changes in the immigration rules in October of this year allow dependant of PBS applicants to make in-country application so I guess you should be able to apply as main applicant in Tier 2 if you meet the criteria of the sponsoring company.