Tier 1 Extn result after current VISA expiry

rohitsharmalk · Post by **rohitsharmalk** » Tue May 03, 2011 10:02 pm

Hi,

My current Tier 1 VISA is valid till 16th June. I posted my Tier 1 Extn application on 5th April assuming 2.5 months is a sufficient time in advance. However, I received a biometric appointment date of 16th June. Also, I understand that the actual result may take 4 weeks after that.
My question is, if my extn gets rejected, I will receive the result after my current visa expiry.
1. What options do I have after that to continue to stay in the UK and work here?
2. Can I reapply for a fresh VISA even after my current visa has expired?
3. How much time do I get to appeal against the decision?
Although my application is straight forward, just exploring options in case the worst happens.
Please reply with your knowledge and experience. Thanks in advance.

terriblescream · Post by **terriblescream** » Tue May 03, 2011 10:06 pm

rohitsharmalk wrote:Hi,

My current Tier 1 VISA is valid till 16th June. I posted my Tier 1 Extn application on 5th April assuming 2.5 months is a sufficient time in advance. However, I received a biometric appointment date of 16th June. Also, I understand that the actual result may take 4 weeks after that.
My question is, if my extn gets rejected, I will receive the result after my current visa expiry.
1. What options do I have after that to continue to stay in the UK and work here?
2. Can I reapply for a fresh VISA even after my current visa has expired?
3. How much time do I get to appeal against the decision?
Although my application is straight forward, just exploring options in case the worst happens.
Please reply with your knowledge and experience. Thanks in advance.

1. You will have to leave the UK, or if you get ROA then you can appeal against the decision.
2. You cannot file any kind of fresh application to UKBA once your leave has expired.
3. You will probably get 5 days as with most of in-country appeals.

Dats what my experience is, more people might have different view on this

rohitsharmalk · Post by **rohitsharmalk** » Tue May 03, 2011 10:15 pm

Thanks Terriblescream

What is ROA?
Also, is it advisable to hire a solicitor for the appeal?

terriblescream · Post by **terriblescream** » Tue May 03, 2011 10:17 pm

rohitsharmalk wrote:Thanks Terriblescream

What is ROA?
Also, is it advisable to hire a solicitor for the appeal?

ROA is Right of Appeal,

If your case is straight-forward a solicitor wouldnt be needed but if it is complex then legal help will help you!

rohitsharmalk · Post by **rohitsharmalk** » Tue May 03, 2011 10:26 pm

Thanks.

Does it make sense to switch to Tier 2 (work permit) with my current employer? Will it affect my PR which I was planning to go for at this year end.

Thanks

terriblescream · Post by **terriblescream** » Tue May 03, 2011 10:38 pm

rohitsharmalk wrote:Thanks.

Does it make sense to switch to Tier 2 (work permit) with my current employer? Will it affect my PR which I was planning to go for at this year end.

Thanks

If you do switch to Tier 2, you current leave will have to be valid for that and, your PR will not be affected as long as you get onto Tier2(General) and not Tier2(ICT)

you can use the combination of Tier 1 and Tier 2 with your recent leave been granted as Tier 2, you can confirm this in the link below. Please refer to para 245HF (c)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

rohitsharmalk · Post by **rohitsharmalk** » Thu May 05, 2011 12:19 pm

Do you always get a right of appeal post rejection? If not, under what circumstances will someone not get a RIGHT of APPEAL?
What is procedure for appealing against a decision and what happens after that?

terriblescream · Post by **terriblescream** » Thu May 05, 2011 2:11 pm

rohitsharmalk wrote:Do you always get a right of appeal post rejection? If not, under what circumstances will someone not get a RIGHT of APPEAL?
What is procedure for appealing against a decision and what happens after that?

Most in-country applications have the right of appeal, the procedure will be explained with your rejection and tell you what actions to take. It involves filling out a form which they will provide and your grounds of appeal as to why you think the HO has made a mistake, the hearing will take place in the court between you and the HO repsentative. The result will be the determination which will be ALLOWED or REJECTED.

You can further appeal against the Judge's decision to Upper Tribunal/High Court.

Just take it easy and see what happens to your application and come back later!

XJ2011 · Post by **XJ2011** » Thu May 05, 2011 8:27 pm

[quote="rohitsharmalk"]Hi,

A similar situation , I am extending my Tier-1 General at the moment, and my current visa will be expired the end of Jun. Now I send my application to HO, and not heard any result yet. I know I will get extended without problem, but my query is if HO decision is made after my visa expire date, then will it create a gap here? I am going to apply PR at the end of the year, I dont want the gap will cause any problem in applying PR.
My new visa date will be the date when the decision is made, or will be extended from my current visa ?

Help please!

terriblescream · Post by **terriblescream** » Thu May 05, 2011 8:37 pm

XJ2011 wrote:
rohitsharmalk wrote:Hi,

A similar situation , I am extending my Tier-1 General at the moment, and my current visa will be expired the end of Jun. Now I send my application to HO, and not heard any result yet. I know I will get extended without problem, but my query is if HO decision is made after my visa expire date, then will it create a gap here? I am going to apply PR at the end of the year, I dont want the gap will cause any problem in applying PR.
My new visa date will be the date when the decision is made, or will be extended from my current visa ?

Help please!

If it is extended and your application was made in time before your leave expired then there is no GAP, so do not worry abt PR. The new visa date will be the date they make the decision, even if there is a gap that is not considered, once you make an application for leave to remain in the UK you are still counted Legal without gap until your application is processed!

rohitsharmalk · Post by **rohitsharmalk** » Tue Jul 12, 2011 5:05 pm

Thanks to everyone. I got my visa approval two days back.

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Tier 1 Extn result after current VISA expiry