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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, My tier2 general visa has been refused, as my company

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My tier2 general visa has been refused, as my company and I put the the job title and salary which are lower than the requred level while we had the cos code. Ive received the form IAFT 1 and have had the right to appeal, but I heard that my appeal will be unsuccesful as the officer didn't make any mistake.
My PSW visa has expired already, so I don't have the chance to do the new application form with a new cos code either.
However, I'm going to appeal to stay here few more month anyway, as I need to have at least few months to finish my 4 years life in here. I've never expected that my visa would be refused, so I'm just in panic now. I' haven't been ready to move out yet!
I was wondering how long my appeal would take. I need to move out from UK In 28 days after I get the result of my appeal, don't I?

Also I'd like to visit Spain before I go back to my country. Can I go to Spain directly from here? I don't need the visa to travel any countiries in Europe, but I'm worried if uk visa refusal effects me to enter Spain.

Looking forward to your answer.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

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Kind regards
Thank you for your reply.

1. In respect of your appeal, you are still not an overstayer yet because of paragraph 3 d of the immigration rules, this means that until your appeal has been decided you are still legal in the UK and your previous leave to remain is still active. Only until a decision has been made by the tribunal will you leave expire.

2. The home office do allow you to submit an application within 28 days of your leave to remain expiring. Therefore should you wish, after your appeal has been decided you may wish to submit another tier 2 visa and ask the home office to exercise their discretion and grant you a visa. There is a risk of course that your application will be refused.

3. The appeal process can take about 3 months from the date your submit your appeal forms. In 3 months you would have obtained a hearing date and within 3-4 weeks after the Hearing date you will have a decision from the Judge. In some cases the judge may make a decision on the day of the appeal.

4. Yes you are correct you will need to leave the UK within 28 days after the date of your appeal decision has reached you in writing.

5. You may travel to Spain if you are a non-visa national. A refused application is not enough to bar you from entry to other countries, its only if you have been deported or convicted etc that other countries may refuse you entry.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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