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out of time application and right of appeal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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n8net
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out of time application and right of appeal

Post by n8net » Wed Aug 30, 2017 10:48 am

just want to understand being given right of appeal for a out of time Tier 2 application (because sponsor licence revoked) is normal ?

what is the current deal with right of appeal for in-country PBS applications ?

thanks

n8net
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Posts: 780
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Re: out of time application and right of appeal

Post by n8net » Thu Aug 31, 2017 3:59 pm

any update pls fellas ?

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Djsuccess
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Re: out of time application and right of appeal

Post by Djsuccess » Thu Aug 31, 2017 6:44 pm

n8net wrote:
Wed Aug 30, 2017 10:48 am
just want to understand being given right of appeal for a out of time Tier 2 application (because sponsor licence revoked) is normal ?

what is the current deal with right of appeal for in-country PBS applications ?

thanks
I believe if your sponsor`s license was revoked, UKVI will contact you with curtailment letter and advise you to make another application with another sponsor within 60days or whatever is stated in the letter.
If you are able to make another application within this time, then you will be fine.

However, if the license was suspended rather than revoked, you will be allowed to submit visa application but will not be treated until the license issue is resolved. In that case, your application will not be treated as out of time or over stayer.

I hope that helps
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

n8net
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Posts: 780
Joined: Fri Feb 08, 2013 6:06 pm

Re: out of time application and right of appeal

Post by n8net » Fri Sep 01, 2017 11:32 am

thanks. but my question was abt right of appeal being given ?? why is that it is normal when licencse revoked ?

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Djsuccess
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Re: out of time application and right of appeal

Post by Djsuccess » Fri Sep 01, 2017 7:24 pm

n8net wrote:
Fri Sep 01, 2017 11:32 am
thanks. but my question was abt right of appeal being given ?? why is that it is normal when licencse revoked ?
What are you appealing?
Have you made a tier 2 application and was refused?
Did the UKVi contact you when your sponsor license was revoked?
Or are you referring to the sponsor appealing UKVI's decision to revoke their license?

Perhaps you might want to be specific about you circumstances so you could a direct response.

As much as I know there's no appeal for PBS and AR is only useful if you think the case worker made a mistake.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: out of time application and right of appeal

Post by CR001 » Fri Sep 01, 2017 7:27 pm

User 'n8net' posts questions for his many 'friends' who are 'too busy to post'. This one I believe relates to the 'friend' in this very lengthy topic below regarding ILR LR and overstay.

general-uk-immigration-forum/10-year-il ... l#p1525585
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
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Re: out of time application and right of appeal

Post by Djsuccess » Fri Sep 01, 2017 8:34 pm

CR001 wrote:
Fri Sep 01, 2017 7:27 pm
User 'n8net' posts questions for his many 'friends' who are 'too busy to post'. This one I believe relates to the 'friend' in this very lengthy topic below regarding ILR LR and overstay.

general-uk-immigration-forum/10-year-il ... l#p1525585
Thanks.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

n8net
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Posts: 780
Joined: Fri Feb 08, 2013 6:06 pm

Re: out of time application and right of appeal

Post by n8net » Thu Sep 07, 2017 11:29 am

yes.. this is regarding this issue my friend is having which is baffling me as I know no appeal for PBS.

but in the letter HO issues him when they refused his Tier 2 application (because sponsor licence got revoked), they gave him right of appeal.

am I correct in assuming is this is exception rather than the norm ? anyone else here who had received appeals for PBS applications..

n8net
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Posts: 780
Joined: Fri Feb 08, 2013 6:06 pm

Re: out of time application and right of appeal

Post by n8net » Fri Sep 08, 2017 1:07 pm

any update pls

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