Tier 1 General Extension uk visa in process and can work?

[geetak]

I applied for Tier 1 general extension visa on 10 dec 2012 and got rejection on 6 feb 2012 without rights of appeal. The reason for rejection was due to non disclosure of traffic offence in application.
I reapplied again on 10 feb 2012 with the lawyers cover letter that mistake was genuine as traffic offence was 4 years ago so thought it might not be important to disclose it.
My visa expired on 13 feb 2012.
second application again got rejected due to same reason as above and also not having required maintenance funds. This time they gave me appeal rights therefore I appealed against both issues in First tier tribunal within 10 days.
First tribunal court passed my appeal for not disclosing information but maintenance issue was still there on 6 aug 2012
I reappealed to upper tribunal court against the maintenance issue on 13 aug 2012 and also in mean time I applied new application on 21 aug 2012. appeal to upper tribunal was not accepted on 24 aug 2012.
My employer did checking service with home office and they feedback that i am not entitled to work in UK. My lawyer argued against IDI document that I am entitled to work in UK as I have not been overstayer at any point of time.
Can anyone advise whether I am ellibgible to work in UK?

[geriatrix]

One cannot make a new application when an appeal is pending (read 3.2). Hence the application submitted on 21-Aug-12 is invalid and an invalid application does not get section 3c protection.

From what you have posted, it appears that you have been an overstayer since 24-Aug-12.

[truetier2]

sorry to hear abt ur situation. Just curious. Have you prosecuted with your traffic offence in court? What happened?
Also, want to know before rejection did you enrolled for biometric?
Your answer can help other....& best of luck

[geetak]

One cannot make a new application when an appeal is pending (read 3.2). Hence the application submitted on 21-Aug-12 is invalid and an invalid application does not get section 3c protection.

From what you have posted, it appears that you have been an overstayer since 24-Aug-12.

I did not make totally new application but fresh application which was Tier 1 general extension with proper maintenance fund. Therefore I am not overstayer but staying based on outstanding application. I had biometric done on 13 sep 2012 already and waiting on response from home office since.

[geetak]

sorry to hear abt ur situation. Just curious. Have you prosecuted with your traffic offence in court? What happened?
Also, want to know before rejection did you enrolled for biometric?
Your answer can help other....& best of luck

I had that traffic offence on 2007 in which court ordered to some amount , 6 points in licence. Each time you make application for visa you receive biometric invitation. It expires with your end of stay in UK. I went for biometric each time I made application in my scenario as well

[kfq220]

Hi

so your conviction has been spent or still unspent ? and what is the spent period ?

Thanks

sorry to hear abt ur situation. Just curious. Have you prosecuted with your traffic offence in court? What happened?
Also, want to know before rejection did you enrolled for biometric?
Your answer can help other....& best of luck

I had that traffic offence on 2007 in which court ordered to some amount , 6 points in licence. Each time you make application for visa you receive biometric invitation. It expires with your end of stay in UK. I went for biometric each time I made application in my scenario as well

[geriatrix]

I did not make totally new application but fresh application

I applied new application on 21 aug 2012.

Well, a "fresh" Tier 1 (General) extension is nothing but a "new" Tier 1 (General) extension application!!


Let me rephrase my earlier response differently for better understanding:

When Section 3C is in play, one cannot make any application other than requesting for variation of grounds of an already submitted, pending (undecided) application.

[geetak]

I did not make totally new application but fresh application

I applied new application on 21 aug 2012.

Well, a "fresh" Tier 1 (General) extension is nothing but a "new" Tier 1 (General) extension application!!


Let me rephrase my earlier response differently for better understanding:

When Section 3C is in play, one cannot make any application other than requesting for variation of grounds of an already submitted, pending (undecided) application.

I understand that I have vaild application while appeal is pending and is according to APL1.20 http://www.ukba.homeoffice.gov.uk/polic ... /#header20

[geriatrix]

When you have made a "leave to remain" application then why are you looking at and referring to "entry clearance (leave to enter)" guidelines?