60 DAYS LETTER :(

Hi,

This post is on behalf of my cousion!!!!!

He came as a student in March 2012. He didnt attend the college at all after enrollement and then he came to know that his college licence cancelled from HO. When his 2 years visa gonna expired he just contact HO and ask them to send him 60 days letter as his college already suspended by HO. HO send him 60 days letter and he took admission in a college in Birmingham and he got his extension after 2 months. After 2 month of getting his Visa his new college suspended as well & he got his 60 days letter which would have to completed on 2nd Feb 2015.

on 31st Jan his college called all student and said to them they (college) is going to submitt an application to HO for extend that 60 day notice for more 60 days as these 60 days were not enough to get admission in new college.

My question is can HO allow them more time or this 2nd Feb was there last and final date.

The HO will not extend the 60 days, he has a further 28 days grace period beyond the 2/2/2015 to submit an application. If he fails to do so he will be an overstayer. In essence as he is beyond the curtailment date at this point he has no rights of appeal for any application he makes now if refused.
Applications made after the 28 days grace period are mandatory refusals.

So your cousin has until 2/3/2015 to make an application in the grace period or leave or become an overstayer.

This is a common misconception of the '28 day grace period'. It doesn't mean that the person has an extra 28 days to make their application before becoming an overstayer. It also doesn't mean that the person stops being an overstayer if they apply within the 28 day period. If a person's leave expires on 2/2 then if they fail to make a valid application for leave to remain on or before that date they begin overstaying from 3/2. If they apply within the 28 day 'grace period' then they will continue overstaying whilst the application is outstanding and if the application is unsuccessful they would be treated as having overstayed for 2/2 the application doesn't stop the clock on the overstay.

The 28 day grace period just allows applications made by overstayers within this period to be considered and granted under the rules of the rules are met, and the overstay will be granted. It does not mean the person has an extra 28 days to apply in time or to not become an overstayer.

For the avoidance of doubt in the 28 day grace period you can not have an enforced removal.
Hence if you want to get to the nuts and bolts of it. You have overstayed in the 28 day grace period but only become an enforceable overstayer after 28 days.

OMG:(

1ST OF ALL THAX BOTH OF YOU GUYS FOR CONCEREN.!!!!!!

Actually his passport & Back home CNIC Card expired already and it will take almost 2 more month to get these doc. Then he has plan to apply for his next extension.

My question is,

After getting his passport (renewal)

1. Can he apply as a british supose coz he has a biritish GF recently (but she dont work at all for last 3-4 years and on benifits).
2. Or any other Visa can he apply??

Thax again

came as a student in march 2012.. did not attend college.
college in Birmingham...again closed and 60 days again..
now a british girlfriend... i feel sorry for the lady as she does not even know that she is being used to get an indefinite stay in the country.

anyways, college is no one to ask the home office to give extra time to the students, is it a joke or what?

if he goes through the marrying route, he will most certainly be faced by the home office at the marriage ceremony, and in terms of going through other routes, i am quite confident that you cousin will apply for a FLR but will have to go soon. but with the FLR application he will spend money, time and he will have hassle. make him understand that the best is to go back and apply from there again to get married.

immigration rules must not be exploited.