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Expired BRP - overstayer

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

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Tallywithme
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Re: Expired BRP - overstayer

Post by Tallywithme » Wed Mar 25, 2015 12:08 pm

Outcome - a letter to the MP was sent saying I can work whilst this is going on... I received it two days ago.
Received a decision this morning, application refused but I was given a right of appeal. Phew!

We will appeal obviously. Question is, can I continue to work until a court decision? My employer doesn't know.

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Tallywithme
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Re: Expired BRP - overstayer

Post by Tallywithme » Tue Mar 31, 2015 12:43 pm

Hi guys, I really need some advice. If someone is so kind out there...
Anyone who has experience with the appeals, how does it work? Do I stand a chance in winning this case? What can I do to help the situation? My application was made under discretionary grounds - FLR(pl) private life and was refused. But I was given a right of appeal.

It also says that in the letter, if I consider making and application under tier2 or further extend, I should do so under that application. Do they mean they might consider a different application?
Thanks.

FaeLLe
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Re: Expired BRP - overstayer

Post by FaeLLe » Tue Mar 31, 2015 1:13 pm

Tallywithme wrote:Hi guys, I really need some advice. If someone is so kind out there...
Anyone who has experience with the appeals, how does it work? Do I stand a chance in winning this case? What can I do to help the situation? My application was made under discretionary grounds - FLR(pl) private life and was refused. But I was given a right of appeal.

It also says that in the letter, if I consider making and application under tier2 or further extend, I should do so under that application. Do they mean they might consider a different application?
Thanks.
If I were you I would get the employer to assign a CoS to me, appeal for further consideration to a tribunal and make a note to consider application to issue Tier 2 Visa if they cannot Grant ILR.

From what I understand they have discretionary powers to allow this. Ask you Lawyer about resource under law or if you are just burning time and money.

Perhaps start making arrangements to move out of UK too...

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Tallywithme
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Joined: Mon Jan 19, 2015 8:19 pm
Location: London
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United Kingdom

Re: Expired BRP - overstayer

Post by Tallywithme » Tue Mar 31, 2015 1:40 pm

Thank you Faelle. I think at the time my employer said that they exhausted the sponsorship - meaning I need an extended visa that does not require a new certificate. Atleast that's what I understood. However, They already gave me a letter to support this application stating that my job was a permanent job.

The solicitor seem to think that it was great news that I was given a right of appeal. She didn't think I would have that option. You may be right, maybe it is all just burning time and money... Having already lost so much - do I just give up and lose my house/job/life after 11yrs.......considering I've come this far trying to regularise my stay? That is the hard part.

I would have nothing after this. Would have to start from nothing. I am so depressed I am not sure I have it in me to keep going or any life left in me to start again... This was a stupid slip up and I will forever regret it. I still lie awake at night thinking why did I not get an ILR before...

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