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Advise needed please

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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tpgun_1431
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Posts: 25
Joined: Thu Aug 09, 2012 2:29 pm

Advise needed please

Post by tpgun_1431 » Sun Jun 19, 2016 7:21 pm

Hello All,

Please find my details of Tier 1 entrepreneur visa and rejection:

1)Applied tier 1 (entrepreneur) in UK in Dec 2012.(PSW due to expire in jan 2013).
2)Visa rejected on 4th May 2013.
3)Due to royal mail delay got refusal letter by end of june 2013.
4)I have enclosed royal mail delivery proof and lodged appeal.
5)My Appeal considered as in time appeal.
6)Lower tribunal dismissed my appeal but given chance to continue appeal with higher tribunal.
7)Appeal dismissal date 11th November 2013 but determination promulgated date is 20th november 2013.
>I decided to voluntarily leave UK and aftr number of calls and emails to ukba finally they said my docs will be given in airport.
9)Left UK on 10th Dec 2013.

Appeal dismiss letter dated is 11th Nov 2013 i have received it on 21st November and determination promulgated is 20th Nov 2013.

Could you please clarify on below:
1)Have i over stayed .
2)Iam applying Tier 2 visa out of UK , what options shal i choose for
>Have you ever over stayed in UK
>Have you voluntarily departed UK (YES/NO). - If i choose Yes it is asking for immigration decision / papers.( so do i need to include my appeal dismissal papers)

Please advise as my submission of tier 2 form is very near.
Many thanks.

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zimba
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Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Advise needed please

Post by zimba » Mon Jun 20, 2016 10:23 am

Yes, you overstayed for few weeks but left voluntarily. As the period of overstaying is less than 90 days and you left on your own expenses, you get no re-entry ban and you should be able to apply for Tier 2 as normal. Just clarify your over staying reasons in a covering letter and provide the letters. You should be fine.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tpgun_1431
Newly Registered
Posts: 25
Joined: Thu Aug 09, 2012 2:29 pm

Re: Advise needed please

Post by tpgun_1431 » Sun Jun 26, 2016 10:36 am

Thanks for your reply Zimba88.

Having said determination promulgated date is 20th November 2013.
Also i have recieved a letter dated 20th November 2013 along with first tier tribunal dismissal papers , which reads

" Enclosed is the first tier tribunal's determination of the appeal.

Either party may apply to the FTT for permission to appeal to the upper tribunal on a point of law arising from the FTT decision.
Any application must be made in accordance with relevant proceudre rules and must be made within 5 days from receipt of this determination"

I assume that i still had 28 days grace period from 20th November 2013 to leave UK and i left on 10 Dec 2013 which is within 28 days.

Please confirm whether i have overstayed?

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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Advise needed please

Post by zimba » Sun Jun 26, 2016 7:40 pm

The is no such a thing as 28 days grace period. 28 days of overstaying is discarded if you apply for fresh application, that's all
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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