moderators need ur advice urgently about 28 days overstaying

[qkiyani]

i withdrawn my on going appeal on 16th july and received notice of withdrawal from tribunal 0n 2nd of august dating 29 july that my appeal is withdrawn .
now my question is when does my 28 days grace period starts.
the first day of my overstaying period start from 30 july or 1st of august.
as in guidance it states the 28 days grace period start after the 2 days of notice of appeal withdrawal/ determined.

i am asking this question bcaz

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 till 29th july2014.

then i sent my application back on 29th of august n on 3rd of nov home office refused my application stating i have overstayed more than 28 days.

according to policy guidance of 28 days overstaying period, my 28 days completes on 28 august and on 29th august i sent my application to home office so in that case i have maximum overstayed 28 days.

what i think is HO decision is wrong. now i need your suggestions please

[aiza78601]

your 28 dys start from the date when u received withdraw notice from court

so your ist application was in time

moderate correct me if i m wrong

[HNJ]

can I have your email pls
07533586390

[qkiyani]

its qasim_kiyani@hotmail.com

[qkiyani]

your 28 dys start from the date when u received withdraw notice from court

so your ist application was in time

moderate correct me if i m wrong

thanx for ur reply,

what i beleive there are two scenario in my case

scenario 1:
my appeal withdrawn on 29th july n my application was submitted on 16th july, so in dat case i have extended 3c leave till 29th july n application which i submitted on 16th july was in-time application.
on 28th august i received letter of invalid immigration application dated 24th august which i submitted on 16th july, in this case logically my 28 days starts when i received the deemed notice of invalid application n i re submitted my application on 29th august, so i have only overstayed 2 to 3 days in this situation

scenario 2:

as HO only considering that my my 28 days grace period starts when my appeal rights exausted, which were exausted on 29th july when tribunal processed my appeal withdrawal request n i received the notice from court on 2nd of august so in this case my 28 days starts from 3rd of august, in this situation i have only overstayed 26 days as i resubmitted my application on 29th august.

And according to the policy guidance of 28 days overstaying period my first days of overstaying period starts from 1st of august as normally HO consider only 2 working days for the post to be received, in this situation i have maximum overstayed 28 days , still i am covered that i hav,nt overstayed more then 28 days

So now whats ur suggestion about these scenarios.