A few questions before deciding to appeal, please help

[yashima]

(I'm making two threads because I dont want to bore with you one long thread, and this is on a slightly different issue)

Hello everyone,


As some might recently noticed, I applied for the IGS - PSW transition visa and get rejected due to maintenance fund falling below 800 for a brief period. My visa now has expired. It really caused me so much distress and turn everything and every plan up side down.

I have got the right to appeal this decision. As many respected members have said, I have next to no chance of winning this appeal. But I would like to consider appealing anyway, for two reasons, one is I would like to try even there is 0.1% chance of success, two is I need abit of time to sort of things in life before leaving, so appealing may give me that space of time (extra 4 weeks I would imagine?).


Before deciding to appeal, I would be really grateful to have your advice about issue around appeal process in general, many many thanks for your help.


I. Consideration before the appeal:

1. Will appeal do any further damage to my record in the UK?

2. Andrew once said its risky to appeal because after rejection I will be overstaying? But as my visa is expired already, I'm actually overstaying at the moment. So as long as I leave within 28 days of the appeal rejection, I wouldnt think I would infringe the law anymore than accept the visa refusal and leave now?

3. If the appeal is rejected, I still do hope to come back to UK in the future (I practically grew up here and consider this my other home). I will either work for a year at my home country, make good earnings (>20.000 UK equivalent) and reapply under Highly Skill Migrant, or apply to do PhD next academic year. Is that plan plausible? Does this visa and/or appeal rejection have much negative effect in the future?

4. What do you think about the chance of sucess for the appeal? (I know many would say zero sad.gif ), is there any chance the judge can have discretion or recommendation even if dismissed. I have offer from a barrister, saying he is very much experienced (because he is a barrister) and there is a chance, and I have to pay 400 for his service. If there's next to no chance at all I might just try to file the appeal myself, but if you think there's a slight chance then I'm really thinking of using his service.


4. Any other advice on how I can stay, reapply, or come back to the UK would be much appreciated.


Many many thanks for your kind help.

[chrisB]

1. Your history:
I wouldn't have thought appealing a decision would damage your immigration history significantly. You're simply asking for the government's decision to be checked and overseen by an independent adjudicator.


2. Overstaying:
If you had status when you applied, and you were able to appeal in-country, then your visa is automatically extended while your application is considered. This extension also covers appeal periods, so if you appeal against the decision within the set timescale (10 working days?) then your visa will continue to be extended until such time as there is a final decision.
If the court make a negative decision (usually 4-6 weeks for a hearing, then the decision comes 2-3 weeks later) you'll get 10 working days to appeal further. If you don't appeal at that stage then your status runs out.

3. I can't really answer that.

4. Again, i can't really answer. I'd need to know lots about your case, read up lots about the various provisions and take loads of time. And i'm naturally lazy - sorry.

Hope this wasn't utterly useless

[yashima]

Thank you so much for your time chrisB, your advice is really appreciated.

So from your advice, it will not affect future application if I make this appeal (even if I know it has little chance of sucess) right?

Can you please help me clear one point about the "28 days period", if the appeal is rejected after 4-6 weeks (however long it takes), is that right i can stay in the country for another 28 days to prepare to leave without infringing any immigration law? Or would i be considered "overstaying" then?

Many thanks again