Options in case of refusal

[IgorSHCH]

Hi folks,

I applied for TIER 2(General) on 2nd Jan and my current visa expires on 16th FEB.

I feel like there are several aspects of my application that UKBA might not like and therefore reject my application.

I would like to know what are my options in case of the refusal? Especially taking into consideration that most likely I will get the decision right before my current leave to remain expires.

I appreciate that there are generally two options: appeal and new application, but my friend told me that there are certain restrictions on whether or not you can apply again(for example, how long has it been since your last leave to remain expired etc). So I just want to be prepared and know what to do in order not to get into the situation, where I appeal, get rejection again and the realise that I'm not eligible to apply again any more.

I did try to find this info on UKBA website, but did not have any luck.

Thank you very much in advance. And sorry for long post.

Regards,
Igor

[ncisgreat]

Sadly you wont have options
If your current visa has not expired, you wont get appeal right. You must reapply
If your visa already expired at the time of decision is made, you will get appeal right but you cant reapply

[IgorSHCH]

Hi ncisgreat,

Thanks a lot for your reply.

Is there a UKBA document, where I can find this information?

Do not get me wrong: it's not that I don't believe you.. It's just I will have to ask for a salary raise and I want to have proof:)

[chs]

Hi IgorSHCH,

I'm in a similar situation as I've sent my application on 3rd of Jan and my current visa expires on 12th of Feb. I'm not expecting any issues with my application, however you never know with these things. I've also tried to find this information on UK BA website but I couldnt really find anything. I've sent an email to them but instead of replying to email properly they've asked me to visit their wesbite. I've then sent an e-mail to an immigration solicitor who I knew and her view was, if I get right to appeal then I'll have to do that, if I have not been given right to appeal then I'll have 28-days from the date of my current visa expiry to either re apply or go back to my country of origin. Let me know if you need any further info. Can I please check if you've recieved a letter to enroll for Biometrics as I've not recieved mine yet?

Regards

[IgorSHCH]

Hi chs,

My first reaction when I saw your post was "I love you".. Thank you very much for your reply. Really appreciate it.

Just to confirm: if I do get a right to appeal, can I not use it and apply a fresh application or I obligated to go through appeal process?

Regarding the BRP: I have not recieved anything yet and to be honest I am not sure if I have to, because they enrolled my biometric parameters when I applied for my current visa and I sent my BRP with supporting documents.

Best regards and thank you very much again,
Igor