Visa refusal; requested documents not submitted within time

Hi Guys,

Need some guidance...
Me and my friend had applied as a team for entrepreneur visa. Case worker sent a letter requesting for a new copy of our business contract with signatures and details of both of us. The previous copy we submitted had only signatures of my team mate. The letter was issued on 5th June 2014 and I posted the contract to them on 14th June 2014 (Saturday) by next day special delivery. The letter reached them on Tuesday 17th June 2014 but my deadline was 16th June 2014 (7 working days). We could not submit the letter any earlier as my team mate was away in another city for business training and we have proofs of his travel and stay. He reached back on Friday night and we created the updated contract on Saturday and posted it. I have now become an overstayer as I submitted my application after my PSW visa expired but within 28 days. My team mate's PSW is valid till 21st July therefore he did not get any right to appeal. What to do in this case? Do you think reconsideration could work? Please share your experience or guidance about the matter. It'll be really helpful. My second option is JR but i need some info about the approximate timeline. Please help ......

How can you be an overstayed when you applied for extension of your visa within time.

nasirkhan wrote:How can you be an overstayed when you applied for extension of your visa within time.

My PSW expired on 21st April 2014 and I made the application for entrepreneur visa on 13th May 2014. My team mate's visa is still valid till 21st July 2014.

Sorry guys I forgot to mention that my visa has been refused on the grounds that I did not submit the requested documents with the time frame of 7 working days. I might go for AR do you think that will work?

aspirant12 wrote:

nasirkhan wrote:How can you be an overstayed when you applied for extension of your visa within time.

My PSW expired on 21st April 2014 and I made the application for entrepreneur visa on 13th May 2014. My team mate's visa is still valid till 21st July 2014.

Sorry guys I forgot to mention that my visa has been refused on the grounds that I did not submit the requested documents with the time frame of 7 working days. I might go for AR do you think that will work?

Hello Aspirant, You can get chance to have AR in side the UK. I will never prefer you to lodge JR. It's very simple because your case been refused due to late submission of requested documents. I will recommend you just Reapply ASAP.

I'm sorry but I don't think there is anything you can do. The decision was lawful.

aspirant12 wrote:Hi Guys,

Need some guidance...
Me and my friend had applied as a team for entrepreneur visa. Case worker sent a letter requesting for a new copy of our business contract with signatures and details of both of us. The previous copy we submitted had only signatures of my team mate. The letter was issued on 5th June 2014 and I posted the contract to them on 14th June 2014 (Saturday) by next day special delivery. The letter reached them on Tuesday 17th June 2014 but my deadline was 16th June 2014 (7 working days). We could not submit the letter any earlier as my team mate was away in another city for business training and we have proofs of his travel and stay. He reached back on Friday night and we created the updated contract on Saturday and posted it. I have now become an overstayer as I submitted my application after my PSW visa expired but within 28 days. My team mate's PSW is valid till 21st July therefore he did not get any right to appeal. What to do in this case? Do you think reconsideration could work? Please share your experience or guidance about the matter. It'll be really helpful. My second option is JR but i need some info about the approximate timeline. Please help ......

nasirkhan wrote:How can you be an overstayed when you applied for extension of your visa within time.

First read the post carefully than comment.
His visa was expired when he applied

Zee ali wrote:

nasirkhan wrote:How can you be an overstayed when you applied for extension of your visa within time.

First read the post carefully than comment.
His visa was expired when he applied

Thanks for your chirping in. However if you had read the thread carefully, OP has already replied to my querry. A person in these tricky and convoluted immigration situations needs support and help. I have limited knowledge about these matters but I beleive in contributing back. So instead of sitting back like a duck and devouring information for myself, I would try to help anyone I can.

Hi All,

Thanks for all the inputs

I did not have any options therefore I submitted JR at the court and sent PAP to UKBA solicitors. I have also resubmitted all my documents to the case worker who rejected my visa to reconsider my application even though I did not have the right for administrative review. Its been 7 weeks now and I have not had any letter from the court about any update on JR. Also my caseworker has not sent me any acknowledgement or any other letter yet. I called up UKBA to check what is the status of my administrative review and they confirmed that it is under process.

UKBA's treasury solicitors sent me a letter within 1st week of PAP submission and according to the letter they were going to send me a proper acknowledment letter within 21 working days but they did not send anything yet.

I need advice on following:
Is it advisable to contact my caseworker to get an update on status of administrative review?
Should I contact treasury solicitors about the acknowledgement they should have sent?
Do I need to contact the court to get any updates or should I just wait (I have submitted T485 as well)? If it is better to wait then should I wait for treasury solicitors to contact me or should I contact them?

Note: We did not get right to appeal because we applied after my visa had expired and our refusal came before my team mate's visa expired.

You can easily win your case under 'Evidential Flexibility' ... provided you have a good solicitor. In my view, JR is the only option for both of you. When caseworker is assigning time limit to you, these are not part of policy guidelines. So, they can always be challenged in courts. Remember, most of the JR hearing are still taking place in tribunal courts, so don't be worried about it.

Regarding PAP, it's very rare HO will reply to your PAP. There's just a time limit attached to PAP, of 14 days, in which HO has to reply. Even if they don't, you can file for JR after that. The time limit of 14 days is just to make the other party aware of the fact that you are going to file JR against them. In other words, it's just a legal requirement.

nasirkhan wrote:

Zee ali wrote:

nasirkhan wrote:How can you be an overstayed when you applied for extension of your visa within time.

First read the post carefully than comment.
His visa was expired when he applied

Thanks for your chirping in. However if you had read the thread carefully, OP has already replied to my querry. A person in these tricky and convoluted immigration situations needs support and help. I have limited knowledge about these matters but I beleive in contributing back. So instead of sitting back like a duck and devouring information for myself, I would try to help anyone I can.

First read the post carefully than comment

Hi Guys,

I sent PAP letter 5/6/2014 (11 weeks) ago no news at all any idea how long do i have to wait for response or what is the maximum time limit ?

Regards
Kenan

This is the letter I received from TS but since then I have not heard anything. Should I contact TS and ask them for an update on Acknowledgement of Service. I am getting restless and worried as my partner from the entrepreneur team is geting married in January and if no outcome comes before December we might have to withdraw our JR and plan to leave the country around start of January.

7 July 2014
Dear Miss
YOURSELF (+1) v SSHD JR/****/2014
Home Office Reference: NOT KNOWN
We acknowledge receipt of your bundle of documents in support of you application for judicial review on 30 June 2014.
If this application has been made under the terms of Section 18 of Practice Direction 54 (challenging removal), please note that in order to have removal directions deferred, you are required to send a copy of the claim form and grounds to UKBA in accordance with paragraph 18.2(2) of the Practice Directions.
According to current court rules, our client will have 21 days from 30 June 2014 in which to lodge an Acknowledgement of Service i.e. until 21 July 2014. This is arrived at by working out the deemed date of service (via 1st class post/DX – 2nd day after posting, excluding Saturday and Sunday- CPR 6.7 (1) & (2), 2. and adding 21 days (including Saturday and Sunday – CPR 54.8 (1), (2) & (4), 8.3 (2)). Service of this document upon you will be within 7 days of lodging i.e. 7 days from 21 Juy 2014 (CPR 54.8(2)( B)).
Please address all future correspondence to ***** ***** who will deal with this matter under the reference quoted above. ***** ***** can be contacted directly on extension 0207 *** ****.
Yours Sincerely
Signed
** **
For the Treasury Solicitor