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sidj wrote:Dear arsenal49,
If you read Part 10 of this document: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
It says the following:
10. ALTERED OR ADDITIONAL GROUNDS OF APPEAL
An appellant may add to, or amend the grounds of the appeal up to the time that it is heard by the Tribunal. This is an essential part of the one stop appeal process.
Section 86 (2) (a) of the 2002 Act requires the Tribunal to consider any matter raised as a ground of appeal. (See Appeals Directorate operational guidance on the one stop appeal for detailed advice on the position when further grounds are made during the passage of an appeal.)
According to this, we should be able to present new evidence at the appeal. Hence, the question of who made a mistake doesn't even arise. What do you think?
Greenie wrote:
No it doesn't - not for PBS appeals. The evidence you can submit in a PBS appeal is restricted - you cannot generally submit new evidence/information that was not submitted with the original application if it relates to the acquisition of points - in other words - if your employer submitted the wrong SoC, you can't submit the right SoC in your appeal. See Section Section 85A and unnecessary appeals to end
I think you are getting yourself into a bit of a mess here trying to interpret law and misunderstanding it. I would suggest you seek advice from an immigration solicitor before you make further mistakes.
A person who appeals after making an in time application is protected by Section 3C until appeal rights are exhausted. Arsenal- best not to speculate as it just causes panic.arsenal49 wrote:hearing date will be like couple of months away!
its a long drawn system.
what you need to do is find out what is your current status legally. make a note of the specific clause under which you are covered.
my concern is...in the event of unsuccessful appeal, what would be your current period classified as? if its under an 'overstayer' category then you will have lived more than 28 days; this triggers 1 year automatic ban.
im just another guy who takes interest in these things so dont take my word for a gospel as i am not a lawyer.
i am putting myself in your shoes and this is one of my main concern!
would love to know the answer myself....