leave to remain refused because of overstay and funds..

because of the late course start date I was 5 days late in applying for the extension (had to wait for the CAS)... the application was rejected because the maintenance funds not being available for 28 days.. now i don't have the right to appeal but i can make a new application. but will it help ?

one more thing.. the date of the letter is 12th Nov 2010 (got it today) but it says that my leave to remain was up till 26th October 2010.. i called ukba and the person on the phone said that i cannot make a new application since i dont have leave to remain..

On what date did you apply for extension? If you applied before your leave expired then you should have been given the right to appeal.

But if you applied for extension after expiry of your leave then you are lucky that UKBA used discretion in your favour and considered your out-of-time application valid for assessment. Out-There's no right of appeal when an out-of-time application is refused.


regards

sushdmehta wrote:On what date did you apply for extension? If you applied before your leave expired then you should have been given the right to appeal.

But if you applied for extension after expiry of your leave then you are lucky that UKBA used discretion in your favour and considered your out-of-time application valid for assessment. Out-There's no right of appeal when an out-of-time application is refused.


regards

expiry was 10th oct.. i applied on 15th.. and I get that i cant appeal.. but it says that I can make a new applictaion before the 26th of oct.. problem is that i got the letter today.. and the date on the letter is 12th Nov.

If you have money to spare, you may try submitting another out-of-time application with a cover letter explaining the circumstances (letter advising you to re-apply by 26-Oct was dated 12-Nov and received on XYZ date) and requesting acceptance for assessment.

And hope for the best.


regards

thank you for the replies and your help.. will do that.

Do remember that if they refuse you then you'll be an overstayer in the UK (since 10-Oct.) and this may affect entry clearance applications in the future.


regards