Tier 1 Refusal Appeal (How to withdraw appeal and re-apply?)

[Crew]

I need advice from experienced member of the forum with Thanks and gratitude in advance.
I have been refused extension of my Tier 1 visa back in July'2013 with right to appeal. I have appealed via a solicitor and still waiting a hearing date. I have a job offer with CoS from a new employer and am thinking of withdrawing appeal with aim to apply for tier 2 visa. Would appreciate any advice especially if someone has done this without making unforeseen errors. My time line is as follow.

Date if Tier 1 visa rejection. 28/06/2013
Reason for refusal: Lack of maintenance funds
Date of expiry of Tier1 : 26/06/2013
Date of Appeal: 5/07/2013
Deduction of appeal fee: 26/08/2013
Hearing date :pending

From the posts on forum I understand that
1)I will have to withdraw appeal to make new application.
2)Wait for AIT to confirm withdraw........ How long does it take for AIT to confirm withdrawl .
3) Re-apply with in 28 days... I am confused as some forum post suggest that when I withdraw appeal the 28 day period will be set back to date to refusal of visa and not date of withdrawl. Is this true
4) Can anyone with first hand experience share there's.

Please help!!Many Thanks in advance

[Crew]

I am through the process of re-applying successfully now, and want to share my experience for the benefit of others.

My Tier 1 Visa extension application was refused with right to appeal. The refusal was on lack of maintenance funds. I appealed through a solicitor and later withdrew my appeal to apply for a Tier 2 Sponsorship visa by a PEO appointment. The process was definitely stressful and i hope my experience will help others to prepare better.

You definitely need to withdraw your appeal before making new application to UKBA. The Asylum and Immigration Tribunal (AIT) customer services number were very helpful. I faxed a letter to AIT 2 weeks before through my solicitor requesting to withdraw appeal to allow time for any possible delays etc. I rang them customer services at AIT 3 days after faxing to chase them up. They said they were quite up-to-date with their emails at present, and asked me to email them which I did. I found that there response to emails was prompt and helps you to chase them up as well. My appointment at PEO was on 1st October. I faxed them my request on 16th September. They confirmed by email on 24th Sept that the appeal had been withdrawn. I received letter in post on 26th Sept. Just in time for the appointment.

The other big unknown was the return of the documents!!! I learnt through trial and error. If you are on appeal you cannot use the online form for return of documents that is for regular application. You need to contact your local immigration or ICE team. Whose addresses are on UKBA website under return of documents. The thing to note is that contact numbers are not given for most of them. The local ICE team number will also be given in your refusal letter. In my case they had put a wrong number. If you can find the ICE team number from the UKBA helpline then fine otherwise i would suggest to go personally to the address given to make contact with them.

I sent a letter to my caseworker who refused my visa about a month before my appointment. She replied after 20 days stating to contact local ICE team. The ICE team said that if I am withdrawing to make a new application they will not return the documents but forward it to the caseworker when they request for them.

When I went for the PEO appointment it was a completely different story. They wouldn't take the application as I didn't have my passports. They insisted to post the application and it will be processed. I kept insisting that I fear becoming an overstayer as i had withdrawn my appeal and had 28 days to regularise myself. I also made it clear that I understood that I will not get a decision today but it would still be better than putting the application in post. I remained polite but persistent at all times. In the end they took my application as a complex case after talking to their seniors. They processed the application within 4 days.

You may hear people saying to withdraw appeal a day before putting in the application. That is for postal applications perhaps but not for PEO appointment. Even for postal application most people suggested to wait until the appeal is withdrawn and the re-apply.

I hope you find my experience useful for your own endevours.

Good Luck

[sagareva]

This is a massive success. Congratulations!

Can I ask, what was the problem with your maintenance funds in your original Tier1 extension application? And what was your intended grounds-argument for appeal?

[sean80]

was granted reconsideration for my psw, so HO requested for my document, submitted all, then i was refused based on maintenace on the 21th sept 2013
with right of appeal. so the question is

1.i applied for psw on the 30th of march 2012 with complete document, i had 1100 pounds as oppose to the 800 requested in my account from 8th dec 2011 till 10th march 2012, and my lawyer even stated they can count from 10th of march upwards or from 8th of dec downwards which is more than 90days requested..but on the 11th to 13th of march 2012 it has dipped by 40 quid from 800pound remaining 760.

then this is HO decision states as follow
WE HAVE ASSESED MAINTENACE FUNDS FROM THE PERIOD OF 15TH DEC 2011 TO 13 MARCH 2012 FROM THE EVIDENCE PROVIDED YOU HAVE NOT SHOWN THAT YOU MAINTAINED THE MINIMUM LEVEL OF AVAILABLE FUNDSFUNDS THROUGHOUT THIS FULL 90DAYS PERIOD AS SPECIFIED UNDER APPENDIX C OF THE IMMIGRATION RULES.THIS IS BECAUSE ON THE 12TH AND 13TH OF MARCH 2012 FUNDS FELL BELOW 800 WITH THE MINIMUM BALANCE BEEN 760 POUNDS.
NOTE, THAT ALTHOUGH YOUR REPRESENTATIVE HAS DATED THAT THEY WISHED FOR THE PERIOD TO BE ASSESED 90 DAYS BACKWARDS FROM 10MARCH 2012 ,IN LINE WITH THE IMMIGRATION RULES WE ASSESS THE MAINTEANACE PERIOD FROMTHE LAST DATE ON THE EVIDENCE PROVIDED ,PRIOR TO THE DATE OF APPLICATION AND IN THIS INSTANCE ,NO BENEFICIAL PERIOD HAS BEEN ASSESSED. SO WE THEREFORE CAN NOT AWARD YOU ANYPOINT ON MAINTENANCE FUNDS.

[vinny]

sean80, please continue in previous thread.

[vgm567]

congratulations crew on your success and for your detailed and informative post. may i just ask you how you corresponded with your ICE team and how they responded to you?

please could anyone else comment on my situation below

i am thinking of withdrawing my appeal and making a new application which satisfies the new immigration rules that came into effect on 1.10.13.

so as per my understanding
i have to first send a fax to AIT and then chase up via phonecall a few days later. they will then send me a letter stating my appeal has been withdrawn. is the date of the letter they send me the date of withdrawal or the date of my letter to AIT?
I then have 28 days to make the new application. Am I an overstayer in this 28 day period or only after that? If I send a postal application what is my status from date of posting?
In the meantime I have to contact the ICE team right? Can anybody advice me on this step, on how to go about it.

Any advice is most appreciated. thanks in advance

[gbabeski]

Hi,

I applied for a Tier 1 Entrepreneur which was refused and I put through an appeal 3 months ago. The appeal date is a couple of days away, however I want to withdraw from the appeal and put through a Tier 4 student application. I am yet to get a school to sponsor me as I have an application (Tier 1) pending. I want to know what my chances are of getting a sponsor after my withdraw and if I could put in a fresh Tier 4 student application. Could anyone please help with this?