CR001 wrote: ↑Sat Jun 01, 2019 3:58 pm
Post the exact wording of the refusal letter, taking out personal details.
Please see this and I never had any BRP card as well
Reasons for decision
Your application has been refused for the following reason
Paragraph 245DD(g) of the Immigration Rules excludes those who have overstayed, after the expiry of their leave, from being granted further leave unless one of the exceptions set out in paragraph 39E of the Immigration Rules applies:
Paragraph 245DD(g) states: (g) The applicant must not be in the UK in breach of immigration laws except that,
where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Paragraph 39E states:
Exceptions for overstayers 39E. This paragraph applies where:
1. the application was made within 14 days of the applicant's leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time.
(b) within 14 days of:
(c) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
' None of the provisions of paragraph 39E apply to your current application:
e 39E(1) does not apply because your application was not made within 14 days of your leave expiring.
e 39E(2) does not apply because your application was not made within 14 days of the refusal of an in time application or the refusal of an application to which sub- paragraph (1) of 39E had been applied.
In your case your leave as a Prospective Entrepreneur expired on 11 March 2019. You did not apply for further leave to remain until 16 days later on 27 March 2019.
The Secretary of State is therefore satisfied that you were in the UK in breach of immigration laws at the time of your application having overstayed your leave, and that none of the exceptions set out in paragraph 39E apply in your case.
Therefore it has been decided to refuse your application under Paragraph 245DD(g) of the Immigration Rules with reference to paragraph 39E.
As you hold a Biometric Residence Permit (BRP) which is no longer valid, either because your right to remain has expired or it has been superseded by a further grant, you must now return it to the Home Office. You should cut the card into quarters and post it in a plain, windowless envelope. If you are returning the BRP from within the UK then please send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. If you are returning the BRP from outside of the UK please send it to: BRP Retums, Home
