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student ext rejected...help needed

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was
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student ext rejected...help needed

Post by was » Sat Oct 27, 2007 5:01 am

Hi all
My friends student visa is rejected as it reached HO 2 days after the visa expired due to postal strike. HO did not send the passport instead wrote a letter asking him to collect it from the nearest immigration office. and appeal right is not given aswell.

He contacted the solicitor and requested for reconsideration of his application to HO.

I would like the senior memebers to comment on this case and plz help my friend what next to be done if request for reconsideration is not accepted by HO.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

student ext rejected...help needed

Post by vinny » Sat Oct 27, 2007 5:31 am

See also Making an application:
When to apply

You should make your application before your authorised stay in the UK runs out.. In categories where you have to complete a certain period to qualify for indefinite leave to remain in the UK, you shouldn't apply more than 28 days before you complete the relevant period. The date of application is that on which you post it or have it accepted in person at a PEO. Your application may be delayed or refused if you apply too early in a category in which you have to complete a set period - for example, in certain categories leading to settlement in the UK. This advice is particularly relevant to applications in the categories for which you have to use Forms SET(M) or SET(O). Please see the guidance notes for those forms for more information about this.
Applying by post

Please make sure that you send your application to the address given in the application form. Sending your application to a different address will delay it.

Recorded and Special Delivery post provides you with proof of posting and helps us to record the receipt of your application. We strongly recommend that you use it and retain the Recorded or Special Delivery number for as long as your application is with us.
Apparently, the date of the application is the date on which it was posted and not the date on which it was received. Did he post it prior to his visa's expiry date? Does he have proof of posting?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

johnsienk
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Post by johnsienk » Sun Oct 28, 2007 12:27 am

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 9:09 am, edited 1 time in total.

was
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Posts: 48
Joined: Wed Aug 08, 2007 12:26 pm

Post by was » Sun Oct 28, 2007 1:16 am

johnsienk wrote:>>My friends student visa is rejected as it reached HO 2 days after the visa expired due to postal strike

Something is not right here. It is the date of postage, not the date of arrival, that matters. And why the heck send the application at the 11th hour anyway?

date of postage is 2 days after the date of expiry of visa. The reason for the delay is he was waiting for the bank statement bec the same month he recieved money from his home country and as we all know these days HO is asking for satement to show the funds inflow.

please suggest him what is to be done if HO does not consider his request for reconsideration of their decision. what could be his options.

avjones
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Post by avjones » Sun Oct 28, 2007 11:23 am

I'm confused - in the first post, you said it was the postal strike that caused the application to be late. Now you say it was posted after the expiry of the leave. Which is correct?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

johnsienk
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Post by johnsienk » Sun Oct 28, 2007 5:40 pm

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 9:09 am, edited 1 time in total.

Docterror
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Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Mon Oct 29, 2007 10:11 am

was wrote:My friends student visa is rejected as it reached HO 2 days after the visa expired due to postal strike.
date of postage is 2 days after the date of expiry of visa. The reason for the delay is he was waiting for the bank statement bec the same month he recieved money from his home country and as we all know these days HO is asking for satement to show the funds inflow.
Any way you know of in which this delay is not due to the fault of the HO? I have seen a lot of examples of trying and dissipating the blame on the HO, but I must say, this is there in my top 5.
Jabi

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