appeal and new application

[monika2013]

Hi all,

My permanent residency under the EEA regulations 2006 was refused by the UKBA and my subsequent appeal under the ground of human rights were also dismissed by the 1st Tier Tribunal. The 1st Tier Tribunal does not allow me to appeal to the Upper Tribunal, either.

I have several working days to apply directly to the Upper Tribunal for permission to appeal to the Upper Tribunal.

At the same time I have been using an agency helping me to admit to a university. If I was accepted by a university, I might be able to apply for a student visa Tier 4. There is a risk that my student visa might be rejected given my permanent residency application was unsuccessful.

My question is if it is essential that my student visa application must be submitted after I apply directly to the Upper Tribunal for permission to appeal to the Upper Tribunal (because I am only allowed to stay in the UK if I have an outstanding appeal).

The 2nd question is if I am allowed to do the followings:
Once submitted the student visa application, I will write to the Upper Tribunal saying that I wish to withdraw my appeal. Or I'd better do so after I receive an acknowledgment letter from the UKBA saying that they have received my student visa application because as far as I know the UKBA would not consider any new application (even under another category) if one has got an outstanding appeal? It is likely the UKBA would verify my documents and do relevant checking before issuing the acknowledgement letter?

Am I allowed to work if I have an outstanding appeal?
I look forward to having your and advice and suggestion as I am really distressed.

Thanks
Monika

[ravii]

If you please explain the reasons/grounds why ukba refused your PR?and on what grounds you went in your 1st appeal?

[monika2013]

I could not provide evidence proving my ex husband was in the UK. That was why the PR was rejected. I appealed to the 1st Tier on the ground of human right (private life).

[ravii]

For the private life you need to establish that you have a strong ties and have a strong reason to live in the uk such as work,business,property,family,kids or long residency,social attachments with other like friends etc etc.or if you are studying not to gain leave to remain but a real study.i don't know much about your case but if you are able to show courts that you are established then you will be fine.best of luck

[monika2013]

Thank you. What would happen if the Upper Tribunal did not permit me to appeal? Would my appeal right be exhausted then?

If I went back to my home country after my appeal right is exhausted, would my being refused of permanent residency application and dismissal of subsequent appeals impact me on re-entry into the UK or other foreign countries on other category of visa, such as student visa or work permit?

[ravii]

For how long you are residing in the uk?

[monika2013]

over 5 years