Appeal likely to be rejected, new application?

Valian Matthews · Post by **Valian Matthews** » Fri Jul 19, 2013 10:56 pm

So, my case goes something like this -

My company issued me with a CoS that had the wrong occupational code when I submitted my initial application. As a result, the application was refused and I was given notice to leave the country as by that time my Tier 1 (PSW) had expired.

I lodged an appeal with the Tribunals explaining them the case, but today after my hearing they said that they can't really consider a new CoS (one which was issued again by my sponsors) as it constitutes new evidence, and despite not getting a decision, the judge said that the appeal is likely to be rejected.

Now, the Home Office Presenting Officer present there stated that I will still be able to make a fresh application if I so desire. That would be ideal as everything will be in order for that one. She also said that I can wait for the judge's decision and THEN make a new application. Can anyone confirm this if they have encountered such a case before? Please note, that due to the long appeal process it's been over six months since my original visa (PSW) ran out.

To sum up, can someone confirm that f the appeal is rejected, one can make a fresh application (after being forced to overstay), and secondly, if I were to make a fresh new application at this stage, will I be allowed to work while it is being processed?

I VE A LIFE WITHOUT TIER2 · Post by **I VE A LIFE WITHOUT TIER2** » Sun Jul 21, 2013 9:51 pm

You can apply within 28 days after the date of rejection of your appeal. However, you will be classed as an overstayer. You'll need to draft grounds, state reasons why you have overstayed and why your application should be considered. I strongly suggest to hire an experienced immigration lawyer. As this would be treated as a new application, you'll also have to make sure all information and document is bang on and satisfy all their requirements as there's no appeal for an overstayer.

Did you lodge and handle the appeal yourself ?

I VE A LIFE WITHOUT TIER2 · Post by **I VE A LIFE WITHOUT TIER2** » Sun Jul 21, 2013 9:52 pm

You cannot continue your work.

Valian Matthews · Post by **Valian Matthews** » Sun Jul 21, 2013 10:05 pm

Hey thanks a lot for that. I had drafted my appeal on my own, but had sought lawyers advice on the way to handle it. I will quite possibly do the same thing for the draft of the grounds of appeal.

Can I just ask out of curiousity where it explicitly says that one cannot continue working during an overstayed application? I have had so many varying replies to this, that I am really hoping to get hold of concrete wording to share with my sponsors.

Thanks again for your reply and concern.

I VE A LIFE WITHOUT TIER2 · Post by **I VE A LIFE WITHOUT TIER2** » Mon Jul 22, 2013 7:19 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Refer to section 6.

Past though, I think you should have argued that it was a mistake from your employer rather than submitting a new COS which was not in existence at the time of your initial application.

Valian Matthews · Post by **Valian Matthews** » Mon Jul 22, 2013 7:33 pm

Thanks once more. This is helpful.

Just as a last confirmation as basically I have so much contradictory info coming in from all sides. Are you sure I can make a fresh application? I have already booked an appointment in anticipation of a rejection, and I think applying in person may at least give me a chance to explain the various issues I have had.

Much appreciated.

I VE A LIFE WITHOUT TIER2 · Post by **I VE A LIFE WITHOUT TIER2** » Tue Jul 23, 2013 10:34 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Review page 5, I believe it answers most of your question.

As your last grant was Tier1, you can apply within the 28days. Those that cannot apply have been listed. You'll also find a section that mentions something about the 28days on your Tier 2 application form, just at the end of it.

khans · Post by **khans** » Tue Jul 23, 2013 12:02 pm

Hi,

I had exactly the same case as yours. Applied with an SOC code where my salary didn't match up. Application was rejected and my PSW had expired then. I appealed and after my hearing where I explained the case fully the judge refused the appeal. I then applied for the permission to appeal although had no hope of that being awarded. It was rejected too and then made another appeal. In the mean time got my new COS with my salary matching the code and applied before the decision of the third appeal came and withdrew the appeal 2 days later. My application was allowed and I got my Tier-2 valid from 3 years from the date I withdrew my appeal on.
However their is a downside that being when you apply for your ILR in future (if you wish to do so) this may come up as a bottleneck as we technically overstayed but to be honest 5 years is s long time and I'm sure with some explanation and legal help that can be sorted out too.
So my suggestion having experienced this first hand is make the application with a fresh COS with an explanation of your grounds and you should be fine.

Regards,
Suhail

khans · Post by **khans** » Tue Jul 23, 2013 12:03 pm

..and I carried on with my work during the time my application was being considered so no issues with that either.

I VE A LIFE WITHOUT TIER2 · Post by **I VE A LIFE WITHOUT TIER2** » Tue Jul 23, 2013 12:29 pm

khans wrote:..and I carried on with my work during the time my application was being considered so no issues with that either.

Thanks for your contribution. However, it is important that he understands an overstayer does not have the right to work, the fact that you continued to work with no issues does not mean it is legal. The moment variation of leave under section 3C ends, you are expected by law to stop work.

Valian Matthews · Post by **Valian Matthews** » Thu Aug 01, 2013 5:40 pm

Hello there. Thanks a lot for all the info that you provided. So I got my reply today, and my appeal was accepted under Article 8, ECHR. I am wondering what that means for my status? And actually starting a new post for that as others may have similar queries. Thank you.

musteefa · Post by **musteefa** » Thu Oct 17, 2013 3:31 pm

Hi khans,

I have the same issue as you, I have already appealed
but when my refusal came my documents were not returned
to me.
When you reapplied did you have your passport?

musteefa · Post by **musteefa** » Thu Oct 17, 2013 4:31 pm

khans also,
I wanted to know if you made your re-application after in 2013 or in 2012.

teja2013 · Post by **teja2013** » Mon Oct 21, 2013 3:26 pm

HI,

I have the same reason, my company put a wrong SOC code and my visa was rejected. I was on a PSW visa and my visa expired by the time i knew it was rejected.
Now, I reapplied within 3 days of knowing the rejection with a new cos letter from the same company explaining the cause and reason for being an Overstayer with updated bankdetails and every thing. (Made a fresh application), Fingers crossed really, reading all this is more kinda patting my back.
Its been 15 days including weekends by the time I applied, still waiting for an acknowledgement/biometric.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Appeal likely to be rejected, new application?

Appeal likely to be rejected, new application?

Re application

Re application

same as here....!!!!