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Court hearings and appeal - Tier 2

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

elaya555
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Posts: 14
Joined: Fri Mar 29, 2013 2:11 am

pls help

Post by elaya555 » Mon Apr 22, 2013 6:10 pm

manci wrote:according to UKBA (presumably the caseworker) "....you will not meet the relevant skill level".

The job title is less important than the job description which has to match as closely as possible the job description for the relevant SOC code.

The email from the caseworker is either
a) incorrect
or
b) the job description in your CoS doesn't match the job description for the SOC code given

Hello,

Date of initial application : 12th Feb 2013
Date of Leave to Remain (PSW) : 14th Feb 2013
Date of Refusal Letter : 23rd March 2013
Date of Appeal : 8th April 2013

I made an in-time appeal and now I am planning to make a fresh application but i am not quite sure whether i can do that as i am ran out of that 28 days from the time of my refusal.

some solicitors advised me that i CAN able to submit a fresh application as i made in-time appeal and therefore the 28 days grace time will start only the day when i withdraw an appeal.

please tell me whether its correct or not? thank you in advance

pls Manci or anyone reply waiting for your answers....

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Re: pls help

Post by vinny » Tue Apr 23, 2013 2:03 am

elaya555 wrote:some solicitors advised me that i CAN able to submit a fresh application as i made in-time appeal and therefore the 28 days grace time will start only the day when i withdraw an appeal.
They are correct.
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.

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

Post by catchhster » Tue Apr 23, 2013 2:48 pm

@SimiP what is you SOC Code and

what is your job description.

the job has to be at NQF level 6 to be qualified for tier2 general visa.

If you assign a new COS after 6th april the n the new SOC2010 applies to you.

Let me know you job description and lets help you.


UPDATE: Sorry ignore the message of not appropriate. I just replied to an old post :oops: :oops: :oops:
Last edited by catchhster on Tue Apr 23, 2013 2:50 pm, edited 1 time in total.
Sivakumar

elaya555
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Posts: 14
Joined: Fri Mar 29, 2013 2:11 am

Re: pls help

Post by elaya555 » Tue Apr 23, 2013 2:48 pm

vinny wrote:
elaya555 wrote:some solicitors advised me that i CAN able to submit a fresh application as i made in-time appeal and therefore the 28 days grace time will start only the day when i withdraw an appeal.
They are correct.
@VINNY... thank you

Manci ... what you think on this point? Just want to make sure whether its possible to do .. cause i am spending lot of money on this case

Thank you

rubyni
Junior Member
Posts: 53
Joined: Wed Sep 22, 2010 1:40 pm

Post by rubyni » Wed Apr 24, 2013 8:20 pm

SimiP wrote:Hi,

I am planning to make a new application. Can anyone lemme know if we can continue working in this case???

No you won't be able to after pulling your appeal.

Rubyni

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Wed May 01, 2013 1:00 pm

Hi,

My hearing date is close and I need to send some docs to the court. I was planning to submit a new CoS as well with the correct details but haven't yet received it....since the allocation request is still in process..

Can anyone let me know can i take this with me to court on the hearing date. Will they accept this???

Please reply asap...I need to submit the docs 5days before the hearing but i think i wont be able to get CoS in time!!!!!!
Cheers!!
Simi

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Wed May 08, 2013 9:29 am

Hi,

Does anyone has idea in how many days can i re-apply if my appeal gets rejected???

I will get my decision in 2-3 weeks after the hearing. Till then will I still be under section 3C??
Cheers!!
Simi

vinny
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Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed May 08, 2013 11:30 am

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.

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

Post by catchhster » Wed May 08, 2013 2:29 pm

Guys just a quick question is it true that is my appeal is decided and the result is a fail. Do i still have a right to apply fresh within 28 days provided the initial application is made before stay ends.??


Sorry if this was asked before please direct me to the appropriate topic thanks
Sivakumar

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Wed May 08, 2013 2:50 pm

Yes...we can re-apply after the appeal fails or appeal in Upper Tribunal..

But what am not sure of is -the decision of the appeal will be in 2-3 weeks, so will my overstaying limit start after these 2-3 weeks or immediately after the court hearing date??
Cheers!!
Simi

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Wed May 08, 2013 2:54 pm

vinny wrote:Section 3C(2) finishes when 104(1)(b) is true.
Dat means after i receive the final judgement from court after 2-3 weeks right??? Not after the hearing is over....

So, if the appeal fails I can make a new application???
Cheers!!
Simi

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Thu May 09, 2013 9:04 am

catchhster wrote:Guys just a quick question is it true that is my appeal is decided and the result is a fail. Do i still have a right to apply fresh within 28 days provided the initial application is made before stay ends.??


Sorry if this was asked before please direct me to the appropriate topic thanks
Hi,

I am a bit unsure of this now.......can anyone please shed some light on this???? As I have received different responses on this.

I had contacted the home office regarding this and they said we can make a new application either withdrawing the appeal or after the appeal is over. But cant make a new one if the appeal is not withdrawn.

Please guys help on this!!!
Cheers!!
Simi

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu May 09, 2013 10:10 am

SimiP wrote:I had contacted the home office regarding this and they said we can make a new application either withdrawing the appeal or after the appeal is over. But cant make a new one if the appeal is not withdrawn.
Agree.
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.

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Thu May 16, 2013 9:21 am

Hi,

I have been assigned a new CoS and the start date is may 2013 and end date is may 2015. Should this be may 2016???

If so, can anyone help me on what should i do. Note that my CoS is assigned but not used yet...Please help me

Is to apply for new visa after 2015 the only option???
Cheers!!
Simi

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu May 16, 2013 10:00 am

SimiP wrote:Hi,

I have been assigned a new CoS and the start date is may 2013 and end date is may 2015. Should this be may 2016??? the work end date is up to your sponsor, it is their decision how long they wish to engage you for.

If so, can anyone help me on what should i do. Note that my CoS is assigned but not used yet...Please help me.

Is to apply for new visa after 2015 the only option???

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Thu May 16, 2013 10:23 am

I know this but that's what the problem is - he thought the three years starts from this year as I will be having the Tier 2 visa from 2013, so the 3 year end date was calculated to be 2015. But now the mistake has been realized so need some help.
Cheers!!
Simi

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Post by SimiP » Fri May 17, 2013 8:31 am

Thanks!!!

The end date calculated was a mistake. They took into account from present running year (as my previous leave expired in Dec2012). As tier 2 is granted for 3 years (they thought this should be from Jan2013-2015), so shouldnt this have been may 2016???
Cheers!!
Simi

lindalaila
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Posts: 15
Joined: Sat Jun 21, 2014 7:09 pm

Re: Court hearings and appeal - Tier 2

Post by lindalaila » Wed Jun 25, 2014 9:30 pm

Hi,
I would like to know the end of your story? Were you able to reapply?
I am in a similar situation right now and I don't really know what to do. Go for the appeal or reapply?
Please let me know what you think.

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Re: Court hearings and appeal - Tier 2

Post by SimiP » Thu Jun 26, 2014 11:47 am

Hi,

I had re-applied for the visa after my appeal was rejected.

Let me know if you need any help.
Cheers!!
Simi

lindalaila
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Posts: 15
Joined: Sat Jun 21, 2014 7:09 pm

Re: Court hearings and appeal - Tier 2

Post by lindalaila » Thu Jun 26, 2014 7:12 pm

Hi Simi,

Thank you so much for your reply.
I do need help indeed.
How did you reapply? Postal or in person?
How long did it take?
Did you use a solicitor?
Did you still have your passport?
Please don't hesitate to provide more information.
Thanks
Louis

SimiP
Junior Member
Posts: 89
Joined: Thu Oct 11, 2012 2:07 pm

Re: Court hearings and appeal - Tier 2

Post by SimiP » Fri Jun 27, 2014 8:31 am

Hi Louis,

I had just consulted a solicitor but managed everything on my own.

I went for the hearing myself with my Managing Director. The reply from court was received in 10 working days. However, it was negative. In the meantime, got prepared with another application (I had to request a new CoS).

As soon as the reply was received, I then applied (next day) using the priority service (postal) and then received my passport and visa in a week.

Please let me know if you did like any other details.
Cheers!!
Simi

lindalaila
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Posts: 15
Joined: Sat Jun 21, 2014 7:09 pm

Re: Court hearings and appeal - Tier 2

Post by lindalaila » Fri Jun 27, 2014 9:38 am

Hi Simi,

Thank you very much for your help.
Do you think it is worth waiting for the appeal before sending the new application?
Also, did you get your passport back right after the appeal or did you use the priority postal service without passport?

RHE
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Joined: Fri Jun 20, 2014 4:03 pm

Re: Court hearings and appeal - Tier 2

Post by RHE » Fri Jul 04, 2014 12:01 pm


    RHE
    Newly Registered
    Posts: 2
    Joined: Fri Jun 20, 2014 4:03 pm

    Re: Court hearings and appeal - Tier 2

    Post by RHE » Fri Jul 04, 2014 12:05 pm

    i strongly advice you use a lawer at this point. you ought not to have done everything on your own

    Locked