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Is there appeal for FLR (O)?

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tonydee
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Joined: Sat Mar 16, 2013 4:50 am

Is there appeal for FLR (O)?

Post by tonydee » Mon Jul 22, 2013 4:06 pm

Hi I was wondering if someone could just give me some quick advice. I am currently on a Tier 1 PSW visa that expired on July 20, 2012. Before it expired, I made an FLR(O) application on July 19th, 2012 and 2 weeks later I requested that the UKBA vary my FLR(O) appliacation to a Tier 2. I originally applied for FLR(O) because my employer had not received their sponsor's license by the time my visa was due to expire. But as they received it 2 weeks later, I immediately requested for it to be varied to a Tier 2. Now my question is this:

If my application is refused, will I get the right of appeal?

I would greatly appreciate it if someone could please let me know

sublime688
Junior Member
Posts: 54
Joined: Tue Aug 23, 2011 2:41 pm

you should

Post by sublime688 » Wed Aug 07, 2013 12:30 pm

You should have the right of appeal because your leave to remain in the UK continued unbroken for more than 28 days. How it continued is another matter that has to do with the law.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 07, 2013 12:46 pm

You should have the right of appeal under 82(2)(d).
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Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Aug 07, 2013 3:47 pm

Provided of course a decision had not been made before the variation request was received, in that case you will still have a right of appeal, but no right to vary application.
Smooth seas do not make skilful sailors

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