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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Dear XXXXX, My Tier 1 Extension application was refused

Customer Question

Dear XXXXX,

My Tier 1 Extension application was refused start of July 2013 due to lack of maintenance funds with right to appeal. I appealed via a solicitor on 10 th July'2013 and am still pending hearing date. I want advice on two things please,

1) Although I have genuine statements to cover the funds for the time period, my solicitors says that they will not be considered as I did not send them with the original application. They will be considered as additional evidence. .... To me that means that my appeal will be refused on the same ground as my initial application...I will be punished twice for the same mistake.

2) I am now maintaining funds and thinking of applying for Tier2 Visa once I have maintained 90 days funds. I have the CoS from my employers but they can't guarantee maintainance funds. My solicitor says that I will have to withdraw my appeal before submitting fresh application. I can't find any guidance on this on home office site. I wonder if you can advice. I don't want to make further mistakes. What is the difference between withdrawing and abandoning appeal. Will appreciate your advice in this regards XXXXX XXXXX solicitor seems very casual about it??

Regards
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
1. The appeal will only consider whether the decision was correct based on the available evidence at the time of the application. Was there a reason that available evidence was not included? You might be successful if you can argue that additional evidence should have been requested based on Evidential Flexibility:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/pbs-flexibility/pbs-flexibility?view=Binary

This is something that I would expect your solicitor to be aware of and to argue.

2. Firstly, ALL of my Corporate Clients certify the Maintenance requirement and it is not particularly onerous and they have never been required to actually do it. Having said that, and to answer your question, if you want to apply for Tier 2 General then you must withdraw your appeal.
Customer: replied 1 year ago.


I am not sure how to withdraw appeal. Is there an official form etc or just an intimation letter from myself will be enough. Can I withdraw and put in fresh application straight away or do I have to wait for a while?

Expert:  Howard replied 1 year ago.
Your solicitor should take care of this for you (I assume the solicitor has assisted with the submission to AIT)? You would write to them stating that you wish to withdraw your appeal and you can submit your new application at the same time.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you very much for your help.


 


Regards

Expert:  Howard replied 1 year ago.
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Howard
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