Time allowed after refusal of an application

yogeeta75 · Post by **yogeeta75** » Wed May 29, 2013 4:05 pm

Hi all,
I have send my Tier 4 application to get extended as I needed to buy some more time to switch to Tier 2. Unfortunately now my college got suspended.
Worst case I am thinking is - i will get a refusal there. My question is how many days do I get to stay or make a new application in UK?
also now that i don not have leave to remain will my employer have to do labour resident test to prove??
my code will be 2441, will my salary be for experienced staff now or for new staff pay scale??
I have the degree and f1 -f9 already doing the professional ones now of ACCA, been working for the same employer for 6 years..do i need to show my previous payslips??
Please advise. It will be really appreciated.
Thanks

vrk · Post by **vrk** » Thu May 30, 2013 12:59 pm

If they refuse your visa and give you the right to appeal option, then you get 28 days to appeal. OR 12 days to reapply (as per the instructions given to me by my case worker. Although I think its 28 days).

yogeeta75 · Post by **yogeeta75** » Thu May 30, 2013 1:13 pm

Thanks for your reply.
It it possible to apply for Tier 2 after refusal?as previous one was for tier 4

vrk · Post by **vrk** » Thu May 30, 2013 1:38 pm

Yes you can change the tier while re applying. They will mention this in your refusal letter.

yogeeta75 · Post by **yogeeta75** » Thu May 30, 2013 1:49 pm

in that case employer will have to do labour resident test then?and issue restricted cos?

vrk · Post by **vrk** » Thu May 30, 2013 1:59 pm

I am not entirely sure about the labour test, as it did not apply to me. Sorry..
I am still struggling to understand your entire situation. More info would help as its confusing since you say u were in college and employment as well.

Post by **vinny** » Thu May 30, 2013 2:02 pm

vrk wrote:If they refuse your visa and give you the right to appeal option, then you get 28 days to appeal.

yogeeta75 wrote:I have send my Tier 4 application to get extended

For an extension, it's 10 days.

yogeeta75 · Post by **yogeeta75** » Thu May 30, 2013 2:14 pm

I am still on my previous rights of University - 20 hrs and unlimited off term. as i have send extension application and this has not been decide yet.

They say when you switch you need to have current leave to remain and in my case this is only doubtful

vrk · Post by **vrk** » Thu May 30, 2013 2:56 pm

Well you can always retract your application and make a fresh one under Tier 2 depending on ur visa expiry.

yogeeta75 · Post by **yogeeta75** » Thu May 30, 2013 3:02 pm

Student visa expired 13 Nov 2012 that's why extended and no decision taken till now..
If i do retract i think the 7 months will be classed as overstaying..

I am just hoping
1)to get the visa extended and switch to Tier 2 (easy way as there will be no LRT and will use unrestricted cos

2)worst case scenario - visa refused - i dont know if i will need to go back, LRT, restricted cos and less chance to get the Tier 2 one

Your views -am I on the right path?

vrk · Post by **vrk** » Thu May 30, 2013 3:08 pm

did you call up the UKBA as its more than 6 months from ur application date considering u applied in november 2012?

yogeeta75 · Post by **yogeeta75** » Thu May 30, 2013 3:10 pm

i have called 2 times already
both time they said it is still in process...
and they cant see where it has reached so i have only to wait..

Whats the point of telling to call after 6 month - as we get the same answer which was of day one - In process...

vrk · Post by **vrk** » Thu May 30, 2013 3:44 pm

I think you should email them, just so you have some proof incase if you require in future. But your situation is quite complicated. I am afraid I cant be of futher help. I will let the 'Guru's of this forum to help you out. Sorry.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Time allowed after refusal of an application

Time allowed after refusal of an application