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Tier 2 (General) Appeal


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#1 goldenrain

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Posted 20 April 2011 - 12:57 AM

Hi,

It's going to be quite a complicated walkthrough. But yes, my Tier 4 visa expired on the 30th September 2010. My employer is an A-rated sponsor and has applied for a Certificate of Sponsorship since September 2010. Due to the interim period that was introduced last year, CoS assignment has been cut down as the required salary was above £32,000 per annum. Therefore, my employer was not able assign a CoS for my Tier 2 (General) application. Therefore, I went on and submitted my application without a CoS reference number but accompanied with my employer's cover letter stating the situation. On December 2010, UKBA sent me a letter saying that my application was rejected but I was given the chance to appeal. Therefore, in order to buy time whilst waiting for my CoS to come through, I showed them evidence of CoS application, email exchange, etc to the First-Tier Tribunal. On February 2011, I attended the court hearing with a judge for my appeal. After a week, they came to a decision and it was not successful as I still do not have enough points for prospective earnings and sponsorship criteria. I was then given the chance to appeal to the Upper Tribunal, and on March 2011 I had to appeal directly to the Upper Tribunal as they did not grant my appeal. Until today, I have not heard back from the appeals department. BUT, good news is I got my CoS assigned to me last week (13th April 2011).

My question is:

1) Do I submit my CoS reference number to the Upper Tribunal directly as an additional supporting document? I tried calling them up today to ask, but after giving the appeal reference number, he said I should be getting a letter that my appeal has been unsuccessful (which is expected).

2) Do I make a fresh application from my home country, and pay the fee again? Will I be able to get a re-fund back on the previous fees that was spent?

3) My biggest worry would be, the maintenance funds for a fresh new application as I do not have £800 in my account for a fresh new application. Will I be able to provide my parents/guardians bank statement from my home country as my funds even if the account does not have my name on it? What should I mention to prove the conversion of £800 to my home currency?

Really confused at the moment, as I am aware that if the decision letter of the appeal comes through, I would have to leave the country within 2 weeks (if I am not mistaken).

I hope to hear from you.

Thank you so much.

Edited by goldenrain, 20 April 2011 - 01:01 AM.




#2 Victoria

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Posted 20 April 2011 - 06:31 AM

You should have taken advice before embarking on this.

You can't just submit the COS now as the decision was correct at the time and the COS is now post decision evidence.

You need to reapply but your parents' funds can't be counted. You should have ringfenced the 800 as this was inevetable.

However...if the employers are A rated, can't they cover the maintenance?

#3 goldenrain

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Posted 20 April 2011 - 09:12 AM

Hi Victoria,

Thanks for your prompt reply.

A friend of mine applying for a PSW was able to get her visa by just showing her parent's statement, with a cover letter stating that they are her sponsors. Does that mean this is only allowed for PSW but not for Tier 2 (General)?

When you mentioned "If your A-rated sponsor is certifying that it will maintain and accommodate you if necessary for your first month of employment, this must be confirmed on your certificate of sponsorship", it sounds like a good idea. Can you let me know what kind of documents must I provide whilst proving that my sponsors will maintain and accommodate me?

Will I get my re-fund from my previous application?

#4 Victoria

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Posted 20 April 2011 - 09:20 AM

I don't know when your friend applied for PSW, but showing parents statements is now only possible for Tier 4 applications.

If you'd like further assistance with a Tier 2 application, please email me.




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