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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I applied for permission to appeal against first tier judge

Customer Question

I applied for permission to appeal against first tier judge in upper tribunal directly. If this is not allow.would I still have a right of appeal,
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid you are not allowed to apply for permission to appeal directly to the upper tribunal as you must first apply to the first tier tribunal and then make a further application to the upper tribunal.

It is very likely that your application will be refused and you will be out of time to appeal.

I would suggest that you apply to the first tier tribunal and explain that you incorrectly applied to the upper tribunal and ask them to consider your application, sending a copy of this application to the upper tribunal.

The first tier tribunal may or may not consider your application if you are out of time now.

May I help further?
Customer: replied 3 years ago.
I went to first tier in April 2013, the judge dismissed my appeal. I then apply to first tier on April seeking for permission to apply to upper tribunal but this was refused. So I have to apply directly to upper tribunal awaiting the decision. My current status DL and I am allowed to work. My anxiety is that if upper tribunal did not allowed my appeal. Can I still continue my employment and apply afresh to UKBA as I will complete 10years in Feburay 2015
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

If your application is refused by the upper tribunal, you will have 28 days from the refusal to lodge a new application. Whilst your application to the upper tribunal is pending, your leave to remain will be deemed to continue under S. 3C of the Immigration Act assuming that you applied in time.

See here for further information:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/298502/Overstayers_v5.0EXT.pdf

Hope this helps
Customer: replied 3 years ago.
If I lodge in a new application to the home office within the 28days. Would I still be on under my old status which is DL?. As I am currently allowed to work while my appeal is pending.
Kind Regards
Fola
Expert:  UKSolicitorJA replied 3 years ago.
Yes, that is correct, your DL leave (and working rights) will continue until your appeal/new application is decided.

All the best -please leave feedback
Customer: replied 3 years ago.
Hello,
Do you mean if upper tribunal did not allow my appeal? I will be given 28days to make a fresh application to Home office as I will be 10 years lawfully in February 2015.

Kind Regards
Expert:  UKSolicitorJA replied 3 years ago.
Yes, if they refuse, you have 28 days to make a new application.

I trust this answers your queries.
Customer: replied 3 years ago.
Yes, thanks for your answer.
Expert:  UKSolicitorJA replied 3 years ago.
Welcome. Please leave feedback