Appeal or Out of Time Application.

[khans]

Hi All,

My Tier-2 general got refused last week on the grounds that my salary of job code on my SOC didnt match my actaul salary.
My tier-1 post study work already expired on the 08th of hjanuary 2012.
I have been given the right to appeal.
I have already sought legal advice on this and my lawyers will be filing the appeal soon.

My question is: would an out of time application still be an option if my appeal is refused. Considering that my employer is willing to issue a new COS and Raise my salry to match the job code in code of practice list.

A quick response will be much appreciated.

[koolguykvs]

wrong SOC code is not their fault, its yours.
Appeal wouldnot help you much.
Dont waste time.
Ask your employer for a rise. Get a new CoS(you shud have done this already) and apply.
I think this is the best option than going for an appeal.

[khans]

wrong SOC code is not their fault, its yours.
Appeal wouldnot help you much.
Dont waste time.
Ask your employer for a rise. Get a new CoS(you shud have done this already) and apply.
I think this is the best option than going for an appeal.

Thanks mate.

Can i still exercise this option of out of time application if the appeal is refused ?

[koolguykvs]

wrong SOC code is not their fault, its yours.
Appeal wouldnot help you much.
Dont waste time.
Ask your employer for a rise. Get a new CoS(you shud have done this already) and apply.
I think this is the best option than going for an appeal.

Thanks mate.

Can i still exercise this option of out of time application if the appeal is refused ?

i dont think you will have enuf time for that... 28 days is what i got to know from this forum...so calculate yours and make a wise move

[Greenie]

koolguykvs - you are confusing matters. If the OP appeals he will continue to have leave until his appeal rights are exhausted (by virtue of para 3C). therefore he can if he chooses, appeal, and if this fails, make an out of time application after his appeal rights are exhausted.

[khans]

wrong SOC code is not their fault, its yours.
Appeal wouldnot help you much.
Dont waste time.
Ask your employer for a rise. Get a new CoS(you shud have done this already) and apply.
I think this is the best option than going for an appeal.

Thanks mate.

Can i still exercise this option of out of time application if the appeal is refused ?

i dont think you will have enuf time for that... 28 days is what i got to know from this forum...so calculate yours and make a wise move

I spoke to my lawyer about the out of time application. He said I can mke it but it has a few drawback it terms of right to appeal later and further on your ILR.
But he said the out of time application option can still be exercised if the appeal gets refused. May be the chances of that going through are lesser than what they are now but I will still get to exercise both options i.e appeal and out of time application.

[khans]

koolguykvs - you are confusing matters. If the OP appeals he will continue to have leave until his appeal rights are exhausted (by virtue of para 3C). therefore he can if he chooses, appeal, and if this fails, make an out of time application after his appeal rights are exhausted.

Thanks Greenie,

This is what my lawyer suggested as well. Is the out of time application made after the appeal is refused treated any different than how it will be treated if I make it now and will I be able to continue to work for my current employer if i make the out of time application if the appeal gets refused, i mean what will be my status in the country then ??

[koolguykvs]

koolguykvs - you are confusing matters. If the OP appeals he will continue to have leave until his appeal rights are exhausted (by virtue of para 3C). therefore he can if he chooses, appeal, and if this fails, make an out of time application after his appeal rights are exhausted.

sorry for the confusion... i got to know something thanks

[Greenie]

koolguykvs - you are confusing matters. If the OP appeals he will continue to have leave until his appeal rights are exhausted (by virtue of para 3C). therefore he can if he chooses, appeal, and if this fails, make an out of time application after his appeal rights are exhausted.

Thanks Greenie,

This is what my lawyer suggested as well. Is the out of time application made after the appeal is refused treated any different than how it will be treated if I make it now and will I be able to continue to work for my current employer if i make the out of time application if the appeal gets refused, i mean what will be my status in the country then ??

you have a lawyer - why aren't you getting advice from him or her about this?

[khans]

koolguykvs - you are confusing matters. If the OP appeals he will continue to have leave until his appeal rights are exhausted (by virtue of para 3C). therefore he can if he chooses, appeal, and if this fails, make an out of time application after his appeal rights are exhausted.

Thanks Greenie,

This is what my lawyer suggested as well. Is the out of time application made after the appeal is refused treated any different than how it will be treated if I make it now and will I be able to continue to work for my current employer if i make the out of time application if the appeal gets refused, i mean what will be my status in the country then ??

you have a lawyer - why aren't you getting advice from him or her about this?

I just want a second opinion. So whatever correct info i can get will help. It's really hard to make up your mind once you land in a situation like this. I am meeting him briefly today and will ask for more details. I will post whatever i hear from him here.

Thanks Once again !

[khans]

I spoke to my lawyer yesterday and he assured that an out of time application can be made if in case the appeal is refused by the 1st tier tribunal. I will put in all my effort an evidence into the appeal and be prepared for plan-b at the same time i.e out of time application.
Does anyone know if I can still work for my employer after I make an out of time application ? I know they have to give me a new COS that time !

[joy123]

I spoke to my lawyer yesterday and he assured that an out of time application can be made if in case the appeal is refused by the 1st tier tribunal. I will put in all my effort an evidence into the appeal and be prepared for plan-b at the same time i.e out of time application.
Does anyone know if I can still work for my employer after I make an out of time application ? I know they have to give me a new COS that time !

No you cannot work while your application is being considered if it is an Out of time Application. I am going through the same procedure. My solicitor advised me that the appeal would be pointless because i used the wrong SoC on the application.

[khans]

I spoke to my lawyer yesterday and he assured that an out of time application can be made if in case the appeal is refused by the 1st tier tribunal. I will put in all my effort an evidence into the appeal and be prepared for plan-b at the same time i.e out of time application.
Does anyone know if I can still work for my employer after I make an out of time application ? I know they have to give me a new COS that time !

No you cannot work while your application is being considered if it is an Out of time Application. I am going through the same procedure. My solicitor advised me that the appeal would be pointless because i used the wrong SoC on the application.

I know but this way I have both the options at least. My lawyer said we have a fair ground of appeal and they will have to do a lot of explanation to prove the point and some witness statements from my employer and a raise in salary to match or exceed the figure on code of practise may help. I cannot not work at this point in time as I am working on a few crucial projects. But will have to opt for this option if the appeal doesn't;t go through.
Has your employer cooperated well ? Are they willing to take you back after you receive your visa ? what changes did you make in your new out of time application ?