After Appeal Refused Fresh Application Refusal Please Help?

Hi here are the timelines for my application thus far:

11.07.2013 Application made to switch from Tier 1 Post Study Work Visa to Tier 1 Entrepreneur

12.08.2013 Post Study Work Visa Expired

14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address for clients

30.08.2013 Appeal made to the First Tier Tribunal

01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application.

09.04.2014 Request for permission to appeal to the Upper Tier Tribunal

15.05.2014 Permission to appeal to the Upper Tier Tribunal refused

07.06.2014 Fresh Application Made within the 28 days allowed

24.06.2014 All the points for my application have been given but was refused on the basis that it was out of the 28 day time period.

Please see below the reason for refusing this time:

You are considered to have overstayed in the UK where you have remained beyond the latest of:

1) The time limit attached to the period of leave granted, or
2) Beyond the period that you leave was extended under section 3C or 3D of the Immigration Act 1971, or
3) The date you received notice of invalidity declaring that an application for leave to remain is not valid application, provided the application was submitted before the time limited attached to the last period of leave expired. The date of receipt is deemed to be two days after posting excluding non business days.

Although your leave to remain expired on the 12 August 2013 your leave was extended under section 3C of Immigration Act 1971 until 14 August 2013. You did not submit a valid application for leave until the 07 June 2014. This was more than 28 days after the date your previous leave was extended to by virtue of Section 3C of the Immigration Act 1971.

In light of this the Secretary of State has deemed that the refusal is appropriate under paragraph 245DD(g). You do not therefore meet the requirements specified in the Immigration Rules in order for leave to be granted under Tier 1 category.
______________________________________________________________

I sent all of the appeal process information to the home office and my lawyer spelt out every step we had taken and what rules applied to me at the time of the application :

1) Our client’s last granted leave as a Tier 1 (Post-Study Work) Migrant had been expired on 12th August 2013. However, he had submitted his first application under Tier 1(Entrepreneur) Migrant on 11th July 2013. Our client therefore had had his leave to remain under Section 3C of the Immigration Act 1971 until his appeal rights were exhausted on 27th May 2014 until when he was restricted from making a fresh application for further leave to remain. Accordingly, our client is now submitting this fresh application on the same basis within 28 days period allowed under 245DD(g) of the Immigration Rules.

Do you think I have a chance of obtaining my visa it seems really ridiculous now that the home office is refusing on such fake matters. First for not having an email address and telephone number in my contract now for this. Its very disheartening when you are trying to add value to this country.

Please help.

Thank you in advance,
Fonzo

Hi
U are not overstayed nor illegal
This the home office mistake who didnot check your appeal process
Thanks

Hello,

Its a stupid example of HO. under section 3C of Immigration Act 1971 you submitted your application within 28 days. Now you can put JR against their decision. I am sure you will win it.
BEST OF LUCK

Thank you all for your quick reply. Yes my solicitor sent a Judicial Review Letter as soon as we got the letter. Hoping to hear back within 14 days I will keep you updated.

It is very encouraging to have your advice!

OMG! I just got the exact same reason for refusal today! They didn't even use the correct dates of refusal from last year (my first in time application!) And I absolutely did NOT OVERSTAY! OMG! This is such a waste of time.

Laila007 wrote:OMG! I just got the exact same reason for refusal today! They didn't even use the correct dates of refusal from last year (my first in time application!) And I absolutely did NOT OVERSTAY! OMG! This is such a waste of time.

Hi Laila,

The question is whether this is a new tactic they are using to scare applicants into giving up. They seem to be using such dirty underhand tactics now and giving pointless refusals. Just have to keep on fighting!

At this point I wouldn't be surprised if it is a new tactic. What an awful year this has been! They've resorted to actually lying in refusals!

I think it's more a case of under-education, unqualified caseworkers dealing with the futures and careers of people - and to them we don't matter. I think they should reduce the fees if they are going to reduce the quality of the processing work.

Very disheartening!

LOL this is the funniest thing I have read on the HO guidance documents. It gives a detailed, spelled out breakdown of how to calculate over staying and the idiot case workers have no idea of reading these themselves, Absolutely ridiculous its becoming a joke I would suggest anyone making an application please put a copy of this URL document in your application if you are applying within the 28 day period so you have proof you made everything available for them:

In-time application refused, appeal right exercised, refusal decision upheld
The migrant had leave until 1 March 2012 and submitted an application for further leave on
26 February 2012. The application was refused on 31 July 2012. The migrant exercised their
right of appeal and on 1 October 2012 the court upheld the refusal decision. No onward
appeal was made.

In this case the migrant’s leave was extended during the period:

 their application was awaiting determination
Related links
 they could have brought an appeal against the refusal decision, and
 their appeal is pending.

Therefore the migrant began overstaying on 16 October 2012, based on:

 appeal determined on 1 October 2012
 adding 10 working days while an in-time onward appeal could be brought gives 15
October 2012
 first day of overstaying is 16 October 2012.

https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf
PAGE 9 out of 13

Hi Fronzo,

Sent you a PM, Please check

Hi Fonzo,
You said below and I think the problem is with your timing. You know appeals have to be made within 10 days. 14/8/13 to 30/8/13 is 16 days. Even if you minus 2 days for posting and additional 2 days incase it fell on weekend, you will still have 12 days. It seems your appeal went in late. Unfortunately, they did not tell you in the reason for refusal. They only said the home office is not under obligation to request for additional information. I suspect you have quoted that you expected them as a requirement to contact you for any query or additional information. When they said that they should have also added that the appeal was out of time.

So finally when they did not grant you permission to upper tribunal, you put in fresh application and that was the spot they were now calling your attention to out of time application. They are not even talking about your section 3D. Technically, you were once under section 3d when your appeal was pending for almost 8/9 months.

sorry if I may ask, why did you wait for more than 10 days to submit your appeal in august 2013?

What is the current situation of things now? If still the same, your option may be looking at human right application which an overstayer can apply under depending on your circumstances because any other leave to remain under point base or under immigration rule will always fall back on 28 days. Human right applications is outside the rules
Wishing you all the best.

14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address for clients

30.08.2013 Appeal made to the First Tier Tribunal

01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application. 

Hi Fonzo,
You said below and I think the problem is with your timing. You know appeals have to be made within 10 days. 14/8/13 to 30/8/13 is 16 days. Even if you minus 2 days for posting and additional 2 days incase it fell on weekend, you will still have 12 days. It seems your appeal went in late. Unfortunately, they did not tell you in the reason for refusal. They only said the home office is not under obligation to request for additional information. I suspect you have quoted that you expected them as a requirement to contact you for any query or additional information. When they said that they should have also added that the appeal was out of time.

So finally when they did not grant you permission to upper tribunal, you put in fresh application and that was the spot they were now calling your attention to out of time application. They are not even talking about your section 3D. Technically, you were once under section 3d when your appeal was pending for almost 8/9 months.

sorry if I may ask, why did you wait for more than 10 days to submit your appeal in august 2013?

What is the current situation of things now? If still the same, your option may be looking at human right application which an overstayer can apply under depending on your circumstances because any other leave to remain under point base or under immigration rule will always fall back on 28 days. Human right applications is outside the rules
Wishing you all the best.

14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address for clients

30.08.2013 Appeal made to the First Tier Tribunal

01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application. 

Visa was granted Dot3 thank you for all your comments. Sorry I am logging back into this site after a long time THIS FORUM HAS BEEN VERY BENEFICIAL AND I THANK EVERYONE THAT HAS HELPED ME OUT IN MY HOUR OF NEED. WISH YOU ALL THE VERY BEST!

dot3 wrote:Hi Fonzo,
You said below and I think the problem is with your timing. You know appeals have to be made within 10 days. 14/8/13 to 30/8/13 is 16 days. Even if you minus 2 days for posting and additional 2 days incase it fell on weekend, you will still have 12 days. It seems your appeal went in late. Unfortunately, they did not tell you in the reason for refusal. They only said the home office is not under obligation to request for additional information. I suspect you have quoted that you expected them as a requirement to contact you for any query or additional information. When they said that they should have also added that the appeal was out of time.

So finally when they did not grant you permission to upper tribunal, you put in fresh application and that was the spot they were now calling your attention to out of time application. They are not even talking about your section 3D. Technically, you were once under section 3d when your appeal was pending for almost 8/9 months.

sorry if I may ask, why did you wait for more than 10 days to submit your appeal in august 2013?

What is the current situation of things now? If still the same, your option may be looking at human right application which an overstayer can apply under depending on your circumstances because any other leave to remain under point base or under immigration rule will always fall back on 28 days. Human right applications is outside the rules
Wishing you all the best.

14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address for clients

30.08.2013 Appeal made to the First Tier Tribunal

01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application.