switching from Appeal status into Tier 2

amaleg · Post by **amaleg** » Sun Apr 14, 2013 12:19 am

Hi

I was under a Tier 2 work permit. My sponsors lost their license while i was under Tier 2 due a a company merger and we couldn't extend my visa. I applied for for Leave to Remain outside of immigration rules explaining the circumstances and have been refused. I appealed the decision on and been refused at First Tier and Upper tribunal.

i have spent 8.5 years in the country and cannot afford to loose my accumulated length of residency.

i have found another company willing to sponsor me but i dont know how to switch across from my current appeal status (as i sent in a request for permission to appeal at court of appeal) into another Tier2 without breaking my continuous length of residence.

please advise

Post by **vinny** » Sun Apr 14, 2013 2:49 am

amaleg wrote:Hi

I have been in the UK for 8.5 years and have just lost an appeal at upper tribunal. i have no chance of winning even if i take it up to court of appeal. id like to know how i can preserve my continuous length of residence if i have to leave the UK now and return with new entry clearance within 6 months.

If leave is "treated as continuing" under section 3C until after you left the UK, then you may be okay under Long residence.

With a fresh in-country Tier 2 application, you will likely overstay for a longer period than permitted under Long residence.

amaleg · Post by **amaleg** » Sun Apr 14, 2013 9:06 am

under section 3, loosing an appeal means that i am being removed and that my last leave to remain has been refused and this is an event is considered to break continuous residency

Post by **vinny** » Sun Apr 14, 2013 9:41 am

amaleg wrote:as i sent in a request for permission to appeal at court of appeal

You may still have a pending appeal?

amaleg · Post by **amaleg** » Sun Apr 14, 2013 9:42 am

yes, my appeal is pending.

amaleg · Post by **amaleg** » Sun Apr 14, 2013 9:45 am

so if i leave the country while on appeal, would this count as a brak of residency? if so how can i prevent this and how to switching into another category without the break?

Post by **vinny** » Sun Apr 14, 2013 9:50 am

You may still be covered under Section 3C and 104.

Get further legal advice on this.

I don't think that you can switch in-country without a (long) break.

amaleg · Post by **amaleg** » Sun Apr 14, 2013 9:58 am

does this mean that if i leave the UK and make a fresh application outside country, would i be loosing accumulated 8.5years? or still be covered?

Post by **vinny** » Sun Apr 14, 2013 10:03 am

vinny wrote:If leave is "treated as continuing" under section 3C until after you left the UK, then you may be okay under Long residence.

With a fresh in-country Tier 2 application, you will likely overstay for a longer period than permitted under Long residence.

amaleg · Post by **amaleg** » Sun Apr 14, 2013 10:19 am

ok thank you for your help

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switching from Appeal status into Tier 2

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