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If app is rejected can you reapply without overstaying?

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JohnOhn
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If app is rejected can you reapply without overstaying?

Post by JohnOhn » Tue Mar 08, 2016 3:37 pm

Quick question:

If your extension application is rejected, can you reapply without breaking your leave to remain?

For example, if you initial visa ended o February 1st and you applied for the extension on January 10th, but then your extension was rejected on February 28 are you allowed to reapply again after the date a rejection without it affecting your qualifying period for ILR (assuming when you reapply your extension application is approved this time). Or would you 5-year period start all over again?


Thanks.

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Zimba
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Re: If app is rejected can you reapply without overstaying?

Post by Zimba » Tue Mar 08, 2016 3:48 pm

JohnOhn wrote:Quick question:

If your extension application is rejected, can you reapply without breaking your leave to remain?

For example, if you initial visa ended o February 1st and you applied for the extension on January 10th, but then your extension was rejected on February 28 are you allowed to reapply again after the date a rejection without it affecting your qualifying period for ILR (assuming when you reapply your extension application is approved this time). Or would you 5-year period start all over again?


Thanks.

Already answered here:
http://www.immigrationboards.com/uk-tie ... 04550.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

JohnOhn
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Joined: Fri Mar 29, 2013 10:18 am

Re: If app is rejected can you reapply without overstaying?

Post by JohnOhn » Tue Mar 08, 2016 4:09 pm

Hi zimba88,

Thanks for your reply, but I don't think that thread answers my question. I'm talking about your extension application being rejected without applying for an AR. Once your extension is rejected can you remain in the UK for 28 days from the date of rejection without being an overstayer? And during those 28 days, could you reapply for the extension in that timeframe without having a break in your leave to remain while your re-application is being reviewed by the HO?

Sorry, all this is so confusing.

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Zimba
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Re: If app is rejected can you reapply without overstaying?

Post by Zimba » Tue Mar 08, 2016 5:52 pm

JohnOhn wrote:Hi zimba88,

Thanks for your reply, but I don't think that thread answers my question. I'm talking about your extension application being rejected without applying for an AR. Once your extension is rejected can you remain in the UK for 28 days from the date of rejection without being an overstayer? And during those 28 days, could you reapply for the extension in that timeframe without having a break in your leave to remain while your re-application is being reviewed by the HO?

Sorry, all this is so confusing.
You will get 14 days to apply for AR after refusal. Your options:

1. Apply for AR. Your leave will be extended and covered by section 3C rule until your AR is served. Two business days after AR refusal, you become an over stayer.
2. If you do NOT apply for AR then you will become an over stayer when 14 days are over.
3. If you submit a new application within the 14 days or while your AR is processing, your section 3C is automatically terminated on the day of application and you become an over stayer.

HO will ignore up to 28 days of over staying when you apply for an application, so your new application will not fall for automatic refusal but bear in mind that you will remain an over stayer until you get the results of your new visa application. If you manage to get a new visa within those 28 days, your qualifying period will not be affected, otherwise any time spent more than 28 days without a valid visa means that your continuous stay is broken.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

thutmose
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Re: If app is rejected can you reapply without overstaying?

Post by thutmose » Tue Mar 08, 2016 6:03 pm

If you manage to get a new visa within those 28 days, your qualifying period will not be affected, otherwise any time spent more than 28 days without a valid visa means that your continuous stay is broken.
Just a quick question about this. What if home office takes 2-3 months to process the second application and it is successful? Will it count towards 10 years or 5 years for ILR?

And in case of a negative result on the second application, how long the applicant has for judicial review application?

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Zimba
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Re: If app is rejected can you reapply without overstaying?

Post by Zimba » Tue Mar 08, 2016 6:52 pm

thutmose wrote:
If you manage to get a new visa within those 28 days, your qualifying period will not be affected, otherwise any time spent more than 28 days without a valid visa means that your continuous stay is broken.
Just a quick question about this. What if home office takes 2-3 months to process the second application and it is successful? Will it count towards 10 years or 5 years for ILR?

And in case of a negative result on the second application, how long the applicant has for judicial review application?
Only total of 28 days of over staying is allowed in any ILR route, so any more days spent without visa will break your continuous stay. Judicial review is a separate matter in the English administrative law and outside the scope of immigration rules. For that you need to consult a barrister
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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