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LTR expires before review decision?

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

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shockboy2000
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Location: wolverhampton

LTR expires before review decision?

Post by shockboy2000 » Tue Jan 02, 2007 12:55 am

howdy all,
what happens if HSMP extension gets denied and your initial HSMP LTR has already expired at time of decision, or is about to expire...

can you stay and/or work in the UK whilst Appeal is being processed?
are we forced to leave and come back in on tourist visa whilst waiting for appeal decision?

informed responses only please :)
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WoodieG
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Post by WoodieG » Wed Jan 03, 2007 7:57 pm

Providing you apply for the review within 10 days of the LTR decision you can stay in the UK on the terms of your existing permission.
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UNIVERSAL HEALTH
Last edited by WoodieG on Tue Mar 08, 2011 4:46 pm, edited 1 time in total.
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shockboy2000
Member of Standing
Posts: 291
Joined: Fri Dec 29, 2006 10:11 pm
Location: wolverhampton

Post by shockboy2000 » Wed Jan 03, 2007 8:05 pm

thats exactly what i read on the Immigration website.

But talking to Work Permits on phone today - they said you can only work during an appeal if the LTR hasnt expired. Can stay for 28days though.

still a little confusion then :)
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WoodieG
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Post by WoodieG » Wed Jan 03, 2007 8:12 pm

It doesn't surprise me that you were told that, it is a little known part of the rules. Ring them back and demand to speak to a manager if they say you can't work. Quote the words 'Section 118' or 'Section 3C' to them and make them look it up for you.

Also, the '28 days' rule doesn't actually exist (or at least I don't think it does).
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Last edited by WoodieG on Tue Mar 08, 2011 4:46 pm, edited 1 time in total.
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shockboy2000
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Posts: 291
Joined: Fri Dec 29, 2006 10:11 pm
Location: wolverhampton

Post by shockboy2000 » Wed Jan 03, 2007 8:27 pm

think i will just wait to see what my rejection letter says (assuming i am rejected of course) and worry about it then / phone them up.

I dont care too much if i cant work during appeal...i need a holiday anyway :)
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WoodieG
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Post by WoodieG » Wed Jan 03, 2007 8:30 pm

Thinking about it, I'm not sure they are 'rejecting' and extension applications at the moment. They're telling people they don't meet the requirements and asking them to apply for something else, you'll still be able to work though as the case remains open for a while.
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Last edited by WoodieG on Tue Mar 08, 2011 4:46 pm, edited 1 time in total.
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shockboy2000
Member of Standing
Posts: 291
Joined: Fri Dec 29, 2006 10:11 pm
Location: wolverhampton

Post by shockboy2000 » Wed Jan 03, 2007 8:50 pm

yep - to go onto Work Permit, but some people are not even eligible for a work permit - so out the door they go.

i think someone needs to find out where these caseworkers have a beer after work, and suss out what the real criteria / rules are
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