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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Just helping a friend........ I made a tier 2 application

Customer Question

Just helping a friend........

I made a tier 2 application last year Nov 5, which was subsequently refused because of the wrong soc code and salary band specified on the COS,

The rejection was received on 17.12.2012 and was also given a right to appeal.

I resubmitted a fresh application that was received by the home office on the 8th of Jan 2013 and jointly launched an appeal.

My representative and i expected a confirmation from the UKBA about the fresh application so that we could withdraw the appeal but this is not the case and a hearing date for the appeal has been set for the 13.03.2013

Should i just withdraw this appeal or proceed with it until the fresh application is determined ?

And if i withdraw the appeal is there any chances that my application wil be deemed invalid/void and also put my company under pressure cause i am currently still working.

Please also see section 34C and 34CA regarding overstaying and advice me
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your question. Please remember to RATE MY ANSWER POSITIVELY.

I suggest that you submit withdraw the application. The applicant should not have submitted the application and the appeal at the same time. It should have been either or.

Your application would have been invalid if you had already appealed the decision, what I suggest you do is withdraw the application and proceed with the appeal. You should inform the ukba that the application was submitted in error and that you wish to appeal the original decision.

If you did not do this then the appeal would be invalid. By submitting the application the ukba thinks that you have accepted their decision to refuse your application. What you need to state is that you were wrongly advised and you should have not submitted the application and the initial decision was to appeal the decision .

Be aware that the appeal you would need to provide and rely on evidence submitted at the application .

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 4 years ago.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. Kind regards