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If the appeal reject on hearing day, what will happend next

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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sweet prenses
Newly Registered
Posts: 9
Joined: Sun Apr 19, 2009 5:37 pm

If the appeal reject on hearing day, what will happend next

Post by sweet prenses » Sun Apr 19, 2009 5:53 pm

Hi all,

I got rejection for my PSW application due to maintance fund problem and not satify letter from univesity because it wasnt written starting date of my studying on the letter..

I appealled it and I have already got a hearing day but Im wondering if I cant win the appeal how long can I stay in UK?And, Can I reapply during the that period?Or should I go back to my country apply again?

Thanks and good luck for all..

jack199
Member of Standing
Posts: 339
Joined: Mon Mar 02, 2009 7:50 pm

Re: If the appeal reject on hearing day, what will happend n

Post by jack199 » Sun Apr 19, 2009 11:15 pm

sweet prenses wrote:Hi all,

I got rejection for my PSW application due to maintance fund problem and not satify letter from univesity because it wasnt written starting date of my studying on the letter..

I appealled it and I have already got a hearing day but Im wondering if I cant win the appeal how long can I stay in UK?And, Can I reapply during the that period?Or should I go back to my country apply again?

Thanks and good luck for all..
You will not get the decision on the day (very unlikely but some judges might do), it will take 2 week to get the decision in the post. After that if you win HO will have 5 days to challenge the decision and if you lose (God Forbid) then you will have 5 days for reconsideration on the basis of error in law made by the judge.

They gave you a right to appeal because your leave to remain has already been expired which means that you will have to go back to your own country and make a fresh application from there.

All the best

sweet prenses
Newly Registered
Posts: 9
Joined: Sun Apr 19, 2009 5:37 pm

Re: If the appeal reject on hearing day, what will happend n

Post by sweet prenses » Sat Apr 25, 2009 8:42 pm

jack199 wrote: You will not get the decision on the day (very unlikely but some judges might do), it will take 2 week to get the decision in the post. After that if you win HO will have 5 days to challenge the decision and if you lose (God Forbid) then you will have 5 days for reconsideration on the basis of error in law made by the judge.

They gave you a right to appeal because your leave to remain has already been expired which means that you will have to go back to your own country and make a fresh application from there.

All the best

Thank your for the reply. My guess is that the judge will say no. How long can I stay in UK, if I accept the "No" from judge? Is it 5 days or 28 days?

A reponse would be greatly appreciated! need to know how to plan the return, if necessary..

koolbone
Member
Posts: 124
Joined: Mon Jan 19, 2009 6:10 pm
Location: United Kingdom

Re: If the appeal reject on hearing day, what will happend n

Post by koolbone » Sun Apr 26, 2009 12:56 am

sweet prenses wrote:
jack199 wrote: You will not get the decision on the day (very unlikely but some judges might do), it will take 2 week to get the decision in the post. After that if you win HO will have 5 days to challenge the decision and if you lose (God Forbid) then you will have 5 days for reconsideration on the basis of error in law made by the judge.

They gave you a right to appeal because your leave to remain has already been expired which means that you will have to go back to your own country and make a fresh application from there.

All the best

Thank your for the reply. My guess is that the judge will say no. How long can I stay in UK, if I accept the "No" from judge? Is it 5 days or 28 days?

A reponse would be greatly appreciated! need to know how to plan the return, if necessary..
If your appeal is dismissed (judge says no), like Jack said, you can apply for a reconsideration of the appeal decision within 5 working days, asking them to review the decision they made on the appeal. So, you're allowed to stay here legally, pending when the decision on the reconsideration is made, however long it takes.
On the other hand, if you decide not to apply for a reconsideration, you have to leave the UK within 28 days to avoid being classified as an overstayer.

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