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Is taking the risk worthwhile?

Posted: Thu May 31, 2012 12:17 pm
by tier210
Due to work and timing constraint, I only have a window of 1 week to apply i.e. between 28th June and 5th July.
My visa expires on 5th July 2012 and I have intentions to apply in person at PEO.
Unfortunately the only appointment available is on 5th July 2012 and I am looking for advises/suggestions whether it is advisable to go to PEO or apply by post.
Although I have all the information and associated documents arranged but only wonder just in case if they refuse my visa, will I get a chance to appeal?
Will the appeal has to be made from within UK or outside?
Will I be classed as overstayer if I appeal from within UK as visa expires on 5th July 2012.
Looking forward to responses
Thanks

Posted: Thu May 31, 2012 12:32 pm
by geriatrix
If a postal application is refused on the last date of current leave of the applicant, he is given the right to appeal because the communication of appeal (by post) can only reach the applicant after the leave has expired.

Applying in-person, perhaps, did not exist when section 3C or rules regarding appeals came in force, so I am not sure if a definite answer exists somewhere for a scenario where a decision to refuse and communication of the same to the applicant is happens just a few hours before the applicant's leave is due to expire. If no guidance exists, I hope common sense will prevail.

If given the right to appeal, you can appeal in UK only.
If you are given the right to appeal and you do so within the stipulated time, you won't be an overstayer until all appeal options are exhausted (section 3C).

Posted: Thu May 31, 2012 1:44 pm
by Greenie
I am not so sure that there is any scope for common sense in this scenario as the law is clear as to when a decision attracts a right of appeal, and if the applicant still has extant leave on the date of decision there is no appealable decision. One might hope instead that if the caseworker is minded to refuse the application s/he would instead defer the decision until after the date of the appointment (which is probably more often the case for refusals of applications made at the PEO anyway) and thus afford the OP a right of appeal.