pls help urgently: tier refusal ,visa expired at home office

[za]

Hello all

I submitted a tier 1 general application 1 month before my leave to remain expired and was refused on the grounds that I had insufficient earnings , however rejection came back 9 weeks after application so leave to remain has now run out . I have been in continuous employement and obviously been paid my salary while application was under review . I have been given a right to appeal , does any body have any advice on the best way to go about this ? And most imortantly : can i make a fresh application while still with the 28 days from a refusal , or is an appeal the best route , if so can i include my additional payslips in this ??

[urgentr]

hi,
i havent got a clear idea what i can do about this...
but i am afraid i might end up in a similar situation.... the best way is to call immigration office or to email them asking for the options available for you... please let me know if you can contact me.. so that i can help you with wat ever i know.. my contact no is

[Mr Rusty]

You made an in-time application, so you have the right to remain in the UK until the decision on your appeal, which it is essential you make within the time-limit given. Until/unless your appeal is dismissed, you're not an overstayer.
If you are saying that you are now able to show improved earnings since your original application, this could be a strong argument at an appeal, but I don't know if it would be a good idea to submit a fresh application. Perhaps some of the gurus on this forum would have a view on this.
But it looks as if you should seek professional advice to present your case.