Tier 1 refusal -Earnings discounted as current leave expired

[CENA]

Hi All,

Haven read through prior posts and answer am very confident that some one would be able to advise me appropriately.

Application under Tier 1 general:
My current Tier 1 PSW which expired on the 29th of October 2010, on thesame day i made an application but was refused due to only having 83 consercutive days of income as opposed to 90days.

The decision was returned on the 18th of February 2011. My solicitor suggested i reapply immidiately, which i did on the 1st of march 2011 but that was refused as all earnings for the dates 30th October 2010 and 31st January 2011 were discounted as my leave to remain expired on the 29th of October 2010. No apeal rights were given as my leave to remain had expired at time of application.

I came across another solicitor who quoted that, while my application on the 29th of October 2010 was made on time, i had all rights to remain and continue employment and to use that earning up to the point where their decision was made. The decision was made on the 1st of February 2011, hence she intends to make a representation on the basis that the decision to discount all income after 29th of October was incorrect or even take it to court.

Is this right? and if so where can i find this rule/law/regulation etc?

It has already cost me a fortune using prestine advisors, i do not want to spend more especially now that am unemployed.

Please help!!!!

[Celtic]

If your initial application made on 29th October 2010 for tier 1 general was refused as per rules and lawfully then you any further application to reapply within grace period is solely upto caseworker's discretion.

That being said, it seems like caseworker did make a mistake in discounting your earnings if the decision was delieverd after Jan 2011. You can go to court but UKBA can argue that your application before your valid leave expired was refused as per rules and as such you will be denied further leave.

[imprezasti]

Agree- i'd say go for it!

[helloworld7861]

it could be 50/50

UKBA can argue that you are USING A FIRST ATTEMPT AS a way to FULL FILL the requirement for 90 days there for they have refused you.

But you can argue that while you decision was made you status was same in you case Tier 1.

Tricky !

YBut from my experiences it can swing either way