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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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my application to extend my tire 2 visa was rejected as i did

Resolved Question:

my application to extend my tire 2 visa was rejected as i did not have a new certificate of sponsorship , i got the refusal letter today, my employer got a new certificate of sponsorship today, can i make a new application although my leave to remain expired a week ago, or can i make an appeal based on new grounds i.e. the new certificate of sponsorship?
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 7 years ago.

Thank-you for your question. If your employer was not a registered sponsor at the time when you applied then your appeal will not succeed because your Tier 2 application did not satisfy the requirements of the Immigration Rules as at the date of application. The appeal court will only look at the situation at the time when you applied - so the fact that your employer is now a registered sponsor will not be considered by an appeal Judge.


In my opinion the legal advice that you have been given about an out-of-time application is not 100% accurate. The Immigration Rules state that persons applying for leave to remain as a Tier 2 Migrant "must have, or have last been granted, entry clearance, leave to enter or leave to remain" in one of various different immigration categories. This means that a Tier 2 application can be made at a time when an applicant does not have any valid leave to remain in the UK. Therefore, you can make a new application even though your leave to remain has expired. You should be aware however that if your application is refused then you will have no right of appeal. Therefore, you should seek professional legal advice to make sure that your application meets all the requirements of the Immigration Rules and is granted upon application.


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