Josh2012 wrote:Thanks Obie, you're a saint. That isn't as definitive as I would like but it gives me something to work with.
You're fairly certain that submitting a Tier 2 visa application wouldn't effect my appeal then?
I've looked everywhere and there is nothing that directly states if it will or won't. Uggghhh...
The link Obie has posted answers your question. You are not going to find an exhaustive list of events that don't result in an appeal being treated as withdrawn.
Your employer is getting confused. If you make an application to
leave to remain and your leave expires in the process, your leave is treated as continuing under section 3C of the Immigration Act 1971. This act does not permit a person to make a further application whilst his leave is extended by Section 3C, He can vary the grounds of an application but once a decision has been made, he can raise further grounds in an appeal, but he cannot make vary his application
leave to remain whilst the appeal is outstanding as there s no application to vary.
Your appeal will therefore not be effected if you make a tier 2 application because
- Your appeal is brought under the EEA regulations, which are separate from the immigration rules.
- Even for applications under the immigration rules, if a person appeals and then attempts to make another application - all that happens is that the UKBA will refuse to consider the application - your appeal is not treated as withdrawn (although an applicant could be invited to withdraw from the appeal in order for a new application to be considered), but again, all this is irrelvent because you have extant leave, and your appeal is under the EEA regs so section 3c is not relevent. [/i]
