Tier 1 extension appeal and frresh application??

[acg_24]

I am really worried and confused with all the conflicting info so would apreciate some info...I am the main applicant for Tier 1 vis while my husband and daughter are dependents.

Our initial Tier 1 was until 1st June 2013 so we applied for extension on 29th April 2013.

The extension was rejected around 7th June 2013. I failed to get any points for maintenance funds and UK experience/salary. The maintenance funds covered only a 89 days instead of the required 90 days. My UK experience/salary bit was tricky. I was on maternity absence (not working) just prior to the application so I showed earnings/experience in the 15 month prior period. (My new job has started on 15th April 2013 and we made the extension application on 29th April 2013 - so I couldn't show this as UK experience) The main blunder I did was not ticking the maternity exemtion option as I thought it only means statutory materity leave.

We appealed against this and the hearing was on 29th Oct 2013 - just received the decision that our appeal has been dismissed. While the judge agreed regarding original decision about UK experience and earnings, he did grant us 10 points for the maintenance funds.

My solicitor has suggested that we can appeal to First Tier Tribunal and then Upper Tribunal....he says that although it is unlikely that I will win the appeal there it will buy me some time in the country. He suggests that while we the appeal is pending, I can withdraw that application and make a fresh Tier 1 extension application. Is this valid? While I have withdrawn my appeal and am waiting to make fresh application will I have right to remain? Will this affect my ILR application in the future?

I would be very grateful if members can share their experiences and advice please. Thanks

[ADVA]

I'm sorry to hear that your appeal was not successful.

As per comments provided by some fellow forum users, your visa will be extended whilst you have a time to file an appeal and after filling the appeal until there is a decision (3C 2 (b) and (c) Immigration Act).

What I have read from the rules, is that if you withdraw your appeal you can submit a new application (not sure about the time to do it, apparently after the time to appeal lapses and up to 28 days), but the problem is that whilst you become an overstayer you will not be able to work until there is a decision to grant your extension.

Let's see what other guys comment on this.

Kind regards,


David

[sagareva]

yes

clarification -- if you WITHDRAW your appeal, 28 days for new application run from the moment you send notification of withdrawal

but in your position at this minute, I suppose your 3c status lapses the moment you miss a deadline to apply for permission to apply to upper tribunal. so it is from the moment that deadline expires and you do not file, you calculate 28 days

[acg_24]

Thanks sagareva and ADVA for your responses.

Could you and other senior members share some info particularly on how best to get our passports back from the Home Office??

To give you the update, I have filed for an appeal to the First Tier Tribunal. My solicitor suggested getting hold of the passport in the meanwhile. The plan as soon as we get the passports, we withdraw the appeal and make a fresh application (in person) soon after.

Does anyone have experience of the best way to get passports from HO?
Thanks very much.

[hayya786]

Hi well I have few friends that is what happend to them i mean they applied for a fresh application
without a passport as you have to state in your application your passport is with home office.
just give the application refrence and why you are applying again. In fresh application you
have to state why you applying again fresh application after expiry of your visa, you need to explain in an application and you need to let them know that you passport is with them with ref thanks