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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Tier1 Ent visa -Appeal

Resolved Question:

Hi,
Currently my Tier1 Entrepreneur visa application is awaiting appeal to be heard on Nov 2013 (where my tier1 PSW expired by Nov 2012). Few companies are willing to have me as a Director on their Board & Sponsor me for Tier2 visa. please explain if i withdraw my appeal application, do i still have the right to apply for tier2 by staying with in UK (in country application) or should i leave to my home country and apply there !!!!!!
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your question.

I am afraid that there is no automatic right for you to withdraw your application and apply again for a tier 2 visa. This means that if you withdraw the application then it would be entirely for the united kingdom border agency to decide whether to exercise their discretion and consider a new application.

This is because your leave to remain has expired while you are waiting for the application to be considered.

Ultimately, if you are not confident that your appeal will be accepted then it may potentially be a better option if you are certain that you will be eligible for a tier 2 visa under all the criteria except where you are supposed to have to leave to remain.

If there is a reasonable chance that your appeal will be accepted then I would certainly see this through to the end anyway.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Expert:  Thomas replied 11 months ago.
Hi,

I note that you have not rated my answer at "OK Service" or above. This reflects very badly on me and means that I do not receive credit for the time I have taken to answer your question.

The answer is correct according to the law, but is there any further clarification that you require in order that you will change your rating to "OK Service"?

I just want to ensure that you are satisfied.

Kind regards,


Tom
Customer: replied 11 months ago.
Hi Expert,
I am requesting you a relevant answer for my question,
If i withdraw my appeal, does the UK Immigration law provide me an opportunity to file an In-Country application or should go back to my home country to apply.
Expert:  Thomas replied 11 months ago.
Hi,

There is no automaticc right for you to make the applicaiton in country if you withdraw the appeal because your leave to remain has expired. However if you were able to make an application within 28 days from the date you withdrew the application then sometimes the UKBA exercise their disrection and consider the application.

However, if you were to withdraw your appeal (for your application which was submitted before your most recent leave expired) then return to your home country before 28 days have elapsed then they would certainly consider your application because you would not be regarded as on overstayer. Though you would still have to make them aware that you left as soon as practicably possible after withdrawing your appeal.

Please remember to rate my answer.

Kind regards,

Tom
Expert:  Thomas replied 11 months ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 11 months ago.
Many thanks for your detailed reply.

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