Appeal Agaist the First Tier Tribunal

[sajidkazmi]

Hi there:

I applied under Doctorate Extension Scheme (DES) on July 31, 2013 as my Tier 4 Student Visa was expiring on that day. The UKBA refused the visa on the grounds that the Confirmation of Acceptance for Studies (CAS) letter was issued more than 60 days. I was given right of appeal. My appeal was heard on the 7th of Jan, 2014 and the Judge approved my appeal on two grounds:
a) That there was conflict and ambiguity in Policy of DES and Immigration rules governing CAS.
b) Since I am living here in the UKBA for more years and my 4 dependents too are living here for more than 5 years, our lives have been established and the Judge approved the appeal also on the basis of ECHR Article 8.

The judge gave 5 days to both the parties to seek permission to proceed to the Upper Tribunal. The UKBA has applied for permission to challenge the decision (but they applied after 5 days). Now the First Tier Tribunal will decide whether the UKBA should be allowed to take the case to the upper court.

My question is that can I lodge another application under Tier 2 General, without withdrawing my on going case? Because if I withdraw, then the whole time period that I have lived here will be lost. I would appreciate your reply. Thanks

[Choc-Ice]

Hi there:

I applied under Doctorate Extension Scheme (DES) on July 31, 2013 as my Tier 4 Student Visa was expiring on that day. The UKBA refused the visa on the grounds that the Confirmation of Acceptance for Studies (CAS) letter was issued more than 60 days. I was given right of appeal. My appeal was heard on the 7th of Jan, 2014 and the Judge approved my appeal on two grounds:
a) That there was conflict and ambiguity in Policy of DES and Immigration rules governing CAS.
b) Since I am living here in the UKBA for more years and my 4 dependents too are living here for more than 5 years, our lives have been established and the Judge approved the appeal also on the basis of ECHR Article 8.

The judge gave 5 days to both the parties to seek permission to proceed to the Upper Tribunal. The UKBA has applied for permission to challenge the decision (but they applied after 5 days). Now the First Tier Tribunal will decide whether the UKBA should be allowed to take the case to the upper court.

My question is that can I lodge another application under Tier 2 General, without withdrawing my on going case? Because if I withdraw, then the whole time period that I have lived here will be lost. I would appreciate your reply. Thanks

Unfortunately you cannot apply when you have an appeal pending.. You need to wait and find out if they get permission to go to Upper tribunal. The only other option you have is to withdraw your appeal and apply for another category which MAY cause a Gap in your residency period..

Good luck.