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.