is fresh application an option? Gurus invited to remark

[LEGAL SOLUTION]

Tier 1 Ent for PSW requires that the applicant should be on PSW to claim points for access to 50K. but if 3-D finishes on the day of Upper Tribunal decision, how a fresh application shall be treated a valid application even if made within 28 days.

thus, if someone applies afresh after refusal or court decision, dont you think home office shall refuse on this ground?

any expert opinions?

[tanvir1985th]

after the court determination u will always have another 28 days to apply. and still u can apply by 50k since yr last leave was psw. secondly whether u will be refused or not that depends on yr application

[LEGAL SOLUTION]

there is no law which says that you have a legal right to apply in next 28 days. its just that application will be decided on merits n wont get refused straight away for being out of time. but if leave ended the day on final decision came, how psw can continue?

[LEGAL SOLUTION]

hey guys, i appreciate your 'looking' but also contribute to the discussion. especially people who are regarded as Gurus.

[tanvir1985th]

you are quiet right saying that your status wont be psw anymore. but here 2 things u have to consider. 1st yr last leave has to be psw which was and 2ndly u cant be more than 28 days overstayer. so application under 50k would be fine

[LEGAL SOLUTION]

hmmm, well i wish it is like this. cos one of ho rep said to me they are going to take this stance in coming days when refusal on these fresh application are challenged

[zeeshanzaheer]

hi Legal Solution
why you are sending me messages that you are solicitor and then you asking people question

here is your message
"
We can act on your behalf. Please contact us for free consultation.

07402.......

Regards

Inam Rana"

[Amber]

A reminder that it is unlawful to impersonate a solicitor, barrister or chartered legal executive.

[Khizar]

Hi there,

I am not sure about the exact policy guidelines or immigration rule regarding this but before I attended my court hearing last week, I was told by my barrister that if we are unlucky to get a decision in our favour then we can either make an appeal against the decision of first tier tribunal in an upper tribunal OR we can make an fresh application with in the 28days of our appeal been dismissed by the first tier tribunal. He further advised me that if you make an application with in the 28days of appeal been dismissed by the court, then make sure it is 100% okay and has no loops at-all because if the HO again refuses the application then you will not be given right of appeal against their decision.
(Thanks to almighty Allah, I've won my appeal anyway in the first tribunal)