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moderators need ur advice urgently! invalid application

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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qkiyani
Member
Posts: 125
Joined: Mon Apr 30, 2012 2:43 am
Pakistan

moderators need ur advice urgently! invalid application

Post by qkiyani » Sat Aug 30, 2014 6:28 am

Hi ,


I re-applied tier 1 entreprenuer visa 50k route on 16th july 2014 n withdraw my ongoing appeal on the same date.
on 28th august 2014 i received a letter from HO dated 24th august 2014 stating that my application is invalid as i have a appeal in process on 29th july2014 and my 3c/3d rights are exausted on 29th july as tribunal processed my withdrawal request on that day.


Now can anyone tell me when my 28 days of over staying period started? Are they started after the written notice of invalid application from HO or after the 29th july when tribunal processed my withdrawal request. Can i re apply again in both situations or not?

Also to let u know that i have already sent my application again on 29th august 2014. But now i am worried whether HO is going to consider my application as valid with in 28 days or not . In my cover letter i insisted that my previous application was valid as i sent the proof of fax which i sent to tribunal for appeal withdrawal n its fault from tribunal side that they processed my request after 13 days .

i will be very thankful to everyone who can throw some light on my situation. i am totally exausted as cant sleep from last two days.
waiting for ur kind replies

Amber
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Location: England, UK
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Re: moderators need ur advice urgently! invalid application

Post by Amber » Sat Aug 30, 2014 6:45 am

Why did you make a new application when you had an appeal? You're an overstayer now since you withdrew your appeal, meaning you can't work. What was your appeal about?
**this forum is not intended to be a substitute for professional advice**
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qkiyani
Member
Posts: 125
Joined: Mon Apr 30, 2012 2:43 am
Pakistan

Re: moderators need ur advice urgently! invalid application

Post by qkiyani » Sat Aug 30, 2014 9:02 pm

Thanx for ur reply,

As i mentioned in my post that i withdraw the appeal the appeal n re-applied on the same date 16july. But tribunal processed my request on 29th july.
My team member done the same process n got his visa
Bsaically our refusal was that we dont have access to 50k as we both had 25k in our personal accounts not joint.

Yes i know i am overstayer since i withdrew my appeal but my question is will they accept my new application ? Which i send again on 29th aug.
N second question when did my overstaying period started, is it from 16july when i sent fax to tribunal or when tribunal withdrawn my appeal on 29 july ? Or when i received the notice of invalid immigration application?
As per my understanding from the guidance of 28 days of overstaying period start when u recieve written notice of invalid immigration application when u make in time application.

Amber
Moderator
Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: moderators need ur advice urgently! invalid application

Post by Amber » Sat Aug 30, 2014 9:07 pm

That would be the case, if you hadn't withdrawn your appeal. Therefore, the period will start when you received confirmation that the appeal was withdrawn.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

cpmlkhan
Member of Standing
Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: moderators need ur advice urgently! invalid application

Post by cpmlkhan » Sat Aug 30, 2014 9:32 pm

qkiyani wrote:Thanx for ur reply,

As i mentioned in my post that i withdraw the appeal the appeal n re-applied on the same date 16july. But tribunal processed my request on 29th july.
My team member done the same process n got his visa
Bsaically our refusal was that we dont have access to 50k as we both had 25k in our personal accounts not joint.

Yes i know i am overstayer since i withdrew my appeal but my question is will they accept my new application ? Which i send again on 29th aug.
N second question when did my overstaying period started, is it from 16july when i sent fax to tribunal or when tribunal withdrawn my appeal on 29 july ? Or when i received the notice of invalid immigration application?
As per my understanding from the guidance of 28 days of overstaying period start when u recieve written notice of invalid immigration application when u make in time application.
Hello qkiyani,
1st of all your 28 days starts from the date they issued you a confirmation letter of your withdrawn. 2nd thing is that case worker overlooked your application though you supposed to wait till you receive your withdrawn confirmation letter before submit your new application. Anyways Hopefully they will accept your application this time if you have attached the recent tribunal letter. Do not worry. BEST OF LUCK

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