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Can we appeal Tier 1 rejection after Current Leave is expire

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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vhsmpuk
Newbie
Posts: 48
Joined: Tue Nov 27, 2007 6:57 pm

Can we appeal Tier 1 rejection after Current Leave is expire

Post by vhsmpuk » Mon Feb 08, 2010 8:03 pm

Hi,

Please let me know on the following

My current leave expires on March 8th 2010.
I have applied for a extension on 29th Jan 2010.
What if my HSMP - Tier 1 extension is rejected and i receive this after March 8th 2010.

Will i be allowed to appeal this?
What are other possibilities legally to stay in the country

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Feb 08, 2010 8:18 pm

If a decision to refuse your application is reached before expiry of your current leave i.e.- 8th Mar 2010, then you'll not be given a right to appeal. In this case, you can file any new application for leave to remain, if you wish to, before 8th Mar 2010.

If a decision to refuse your application is reached after your leave has expired (i.e.- after 8th Mar), then you'll be given a right to appeal. If you appeal the decision (within stipulated timeframe), then under Section 3C of the Immigration Act your current leave will remain valid until the determination of the appeal. But if you decide not to appeal the refusal, then the only option available to you is that you must leave the country. Read Time to leave after being refused an extension.

regards

ash786
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Posts: 947
Joined: Wed Jun 24, 2009 8:57 pm

Re: Can we appeal Tier 1 rejection after Current Leave is ex

Post by ash786 » Mon Feb 08, 2010 10:36 pm

vhsmpuk wrote:Hi,

Please let me know on the following

My current leave expires on March 8th 2010.
I have applied for a extension on 29th Jan 2010.
What if my HSMP - Tier 1 extension is rejected and i receive this after March 8th 2010.

Will i be allowed to appeal this?
What are other possibilities legally to stay in the country
1. My first question is that if u have provided all the necessary documents for the visa then why wud they refuse u application in the first place.

vhsmpuk
Newbie
Posts: 48
Joined: Tue Nov 27, 2007 6:57 pm

Post by vhsmpuk » Mon Feb 08, 2010 10:49 pm

Ideally it should not be rejected. I have produced all the documents. Checking the worst case possible & to be aware of possible alternatives....
thanks for the reply

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