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URGENT - APPEAL TIMING AGAINST TIER 2 GENERAL VISA APP.

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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anoopanuu
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Location: LEAMINGTON SPA

URGENT - APPEAL TIMING AGAINST TIER 2 GENERAL VISA APP.

Post by anoopanuu » Fri Apr 26, 2013 2:49 pm

Hi,

Can anyone help me to know how long an appeal against my tier 2 general visa rejectioon will take? I got rejection due to incorrect salary mentioned in COS, I have given an appeal with all relavant supporting documents through a solicitor on March 26th 2013.
My solicitor informed it would take 2 - 3 weeks to hear from court, but I haven't got any notification. Also appeal fee has been taken from my account on April 17th 2013.
As my current employer is pressurising to show visa, I am worried whether I might get a notice for my job if I cannot show any confirmation on my Visa status.

Many thanks!

catchhster
Junior Member
Posts: 68
Joined: Tue Apr 09, 2013 1:37 pm

Post by catchhster » Fri Apr 26, 2013 3:13 pm

Hi anoopanuu

I am not sure how long it takes but i think you will have a rights to work as long as you made an appeal agains the decision. ANY ONE PLEASE CONFIRM THIS

Also it would be helpfull to share more details on your rejections. did you show a lower salary by mistake in COS?
Sivakumar

anoopanuu
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Location: LEAMINGTON SPA

Hi Sivakumar

Post by anoopanuu » Fri Apr 26, 2013 3:25 pm

Many thanks for your reply!

I got rejection because my sponsor has shown 40 hours in COS and my per hour salary became 26 pence less than the minimum requirement for the job code: 2126. But actually total hours I have to work is 37 as per my contract and all my time sheets shows 37 regular hours and any extra hours worked and shown as overtime. I have submitted all these relavant documents along with an apologies letter from my sponsor company with the appeal.
Though I have rights to work, my company had an audit in last month and managers are asked to provide all thier employees visa copy. This is why my manager is chasing for visa and he mentioned that if I cannot produce status of visa in next 2-3 weeks I might get notice and can re-join only after getting visa. Now atleast if I get a confirmation letter of that appeal will be ok for me, but hasn't heeard anything from court!

Thanks

catchhster
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Posts: 68
Joined: Tue Apr 09, 2013 1:37 pm

Post by catchhster » Fri Apr 26, 2013 3:36 pm

26 pence less strange when i spoke to UKBA they said they will allow upto 80 pence differences. And I am sure they confirmed it.

But ok just find a lawyer who can confirm your rights to work. Or do you have a ack letter for your appeal?

or email UKBA and get a confirmation letter from them and explain to your employer that those are the proof they can have for now.
Sivakumar

vinny
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Post by vinny » Fri Apr 26, 2013 11:58 pm

Section 3C/3D gives you the right to work.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ncisgreat
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Joined: Sun Aug 09, 2009 6:08 am

hi

Post by ncisgreat » Sat Apr 27, 2013 12:35 am

catchhster wrote:26 pence less strange when i spoke to UKBA they said they will allow upto 80 pence differences. And I am sure they confirmed it.

But ok just find a lawyer who can confirm your rights to work. Or do you have a ack letter for your appeal?

or email UKBA and get a confirmation letter from them and explain to your employer that those are the proof they can have for now.
Read clearly mate.... He is saying 26pence less per hour

ncisgreat
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Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

Re: URGENT - APPEAL TIMING AGAINST TIER 2 GENERAL VISA APP.

Post by ncisgreat » Sat Apr 27, 2013 12:42 am

anoopanuu wrote:Hi,

Can anyone help me to know how long an appeal against my tier 2 general visa rejectioon will take? I got rejection due to incorrect salary mentioned in COS, I have given an appeal with all relavant supporting documents through a solicitor on March 26th 2013.
My solicitor informed it would take 2 - 3 weeks to hear from court, but I haven't got any notification. Also appeal fee has been taken from my account on April 17th 2013.
As my current employer is pressurising to show visa, I am worried whether I might get a notice for my job if I cannot show any confirmation on my Visa status.

Many thanks!
Which solicitor you are consulting? I was told same thing but actually it took 3 months just to receive the hearing date and the hearing date is after another 3 months. Now i am thinking i should have gone for reapplication..

mthila
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Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Post by mthila » Sat Apr 27, 2013 10:39 am

catchhster wrote: I am not sure how long it takes but i think you will have a rights to work as long as you made an appeal against the decision. ANY ONE PLEASE CONFIRM THIS
Yes, you have legal right to work in the UK as your appeal is processing because your current visa is extended under the section 3(C) of immigration act 1971
NB: your appeal should have been made in time to take the advantage of this law!
Don't take "NO" for an answer if it shouldn't be!!!

mthila
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Posts: 87
Joined: Thu Apr 11, 2013 8:19 am
Location: United Kingdom

Re: Hi Sivakumar

Post by mthila » Sat Apr 27, 2013 10:42 am

anoopanuu wrote:Many thanks for your reply!

Though I have rights to work, my company had an audit in last month and managers are asked to provide all thier employees visa copy. This is why my manager is chasing for visa and he mentioned that if I cannot produce status of visa in next 2-3 weeks I might get notice and can re-join only after getting visa. Now atleast if I get a confirmation letter of that appeal will be ok for me, but hasn't heeard anything from court!

Thanks
It might take good few months (at least 2 months) for your case to be called in the tribunal!!!
Don't take "NO" for an answer if it shouldn't be!!!

anoopanuu
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Joined: Fri Apr 26, 2013 2:39 pm
Location: LEAMINGTON SPA

Mthila,

Post by anoopanuu » Thu Aug 22, 2013 12:13 pm

Many thanks for your feedback!

I have attended my hearing on August 5th and got Court confirmation that my appeal is allowed and visa should be issued and got a letter from embassy confirming the same on August 12th 2013. But since then I haven't got any information on what will be the next steps. Will embassy issue my visa straight away or not? or how long still it will take for me to receive my visa in hand?

I have an urgency in Sept end to travel outside UK and I am stuck without my documents ( passport/visa).

Could anyone please tell me what will be the next steps ( or at least timing ) after getting confirmation for the appeal?

Many thanks for your support!

Regards
Anoop

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