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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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hi there last year i applied for 1st tier post study visa but

Resolved Question:

hi there last year i applied for 1st tier post study visa but was refused on the ground that my finance was two day short of the required 90days, i was given a right of appeal which i did i went to the oral hearing it seem all good but to my surprise was refused i was giving an application form to apply for right to appeal to upper tribuna , i did and only just got the letter saying am refused permission to appeal to upper tribuna. but along side the letter they also include the IAUT-1 application form
can you please advice on what best step to take has i am really confused right now
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

It appears that the First-tier tribunal refused you permission to appeal, in which case you may apply for permission to appeal from the Upper Tribunal itself.

Form IAUT-1 should be completed and lodged with the Upper Tribunal within the relevant time limit set out in the form. The application will be considered by a member of the Upper Tribunal approved by the Senior President to decide such applications.

Hope this clarifies and please press Accept
Customer: replied 5 years ago.

thanks for quick answer now this are my question


1. should i reapply for the 1st tier visa after submitting the application

2. if yes what are my chance

3. if no what are the chances that the upper tribunal are going to over turn the decision of the 1st tribuna

4. please advice on best approach to do this


Expert:  UKSolicitorJA replied 5 years ago.
You may re-apply;
if you meet all the requirements, there is no reason why you would be refused;
if you can show that there is an error in law which led to the refusal of your PSW visa, there is a good chance that the upper tribunal may overturn the original decision, if you do not have good grounds for appealing, it is likely that the decision will not be overturned.

You should re-apply if you meet all the requirements rather than appealing (if your initial application was lawfully rejected as you did not show proper financial records for the 90 days.

Please click on Accept as your queries have been answered.

Customer: replied 5 years ago.

ok thanks for quick response

i forgot to mention that my visa is expired since august can i still reapply for without a visa ?


Expert:  UKSolicitorJA replied 5 years ago.
In that case, you cannot re-apply from within the UK and would need to go back home to re-apply.

Otherwise, you should continue with the appeal process as until it is concluded, you are protected by S.3C of the Immigration Act 1971.

All the best
Customer: replied 5 years ago.

thanks a million

can i reapply after submiting my appea?

Expert:  UKSolicitorJA replied 5 years ago.
Yes, you may.
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