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If I loose in my Appeal for Tier 1 General, can I......

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Tirma
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Location: London

If I loose in my Appeal for Tier 1 General, can I......

Post by Tirma » Thu Jan 20, 2011 11:48 pm

If I loose in my Appeal for Tier 1 General, can I submit fresh application for Tier 1 General again within the period of legal status?

geriatrix
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Post by geriatrix » Fri Jan 21, 2011 3:31 pm

You are given the right to appeal only when the decision (refusal) is reached after expiry of current leave. So, in absence of any valid leave, what do you mean when you say "period of legal status"?


regards

Tirma
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Posts: 33
Joined: Sun Dec 05, 2010 11:46 pm
Location: London

Post by Tirma » Sun Jan 23, 2011 12:22 am

sushdmehta wrote:You are given the right to appeal only when the decision (refusal) is reached after expiry of current leave. So, in absence of any valid leave, what do you mean when you say "period of legal status"?


regards
After refusal, there is a grace period by when I have to leave the country if I wish to go. The status of that period is legal period. During that period, why not I can submit fresh application for visa???

To apply for Tier 1, you even don't need to have any leave to remain. Please read the following:

** Important: Under the Points Based System, it is possible to submit a Tier 1 application from within the UK even if you no longer have current leave to remain (i.e even if your visa has already expired), as long as your last grant of leave was in one of the acceptable categories mentioned in the Policy guidance and as long as you meet all of the points requirements – see below. Contact us for a free assessment if you need more advice on this option.
(Source: Advisa Solicitors: http://www.advisasolicitors.co.uk/page. ... stem-tier1)

Hope to hear your response. Thanks.

geriatrix
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Post by geriatrix » Sun Jan 23, 2011 2:10 am

There is no grace period. Overstay is an overstay, period! The only relevance of the "28 days" period that you refer to is that there is no mandatory entry clearance refusal if you overstay by less than 28 days.

Your leave is deemed as continuing under section 3C/3D. And you cannot submit a new application when an appeal is pending / has been refused (3.2).


regards

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Sun Jan 23, 2011 2:16 am

Tirma wrote:** Important: Under the Points Based System, it is possible to submit a Tier 1 application from within the UK even if you no longer have current leave to remain (i.e even if your visa has already expired), as long as your last grant of leave was in one of the acceptable categories mentioned in the Policy guidance and as long as you meet all of the points requirements – see below. Contact us for a free assessment if you need more advice on this option.
(Source: Advisa Solicitors: http://www.advisasolicitors.co.uk/page. ... stem-tier1)
IMHO, it will be in your best interest if you engage solicitor(s) making such claims (as above) on a no-win-no-fee basis.


regards

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