Determination of my status

[Paulng]

Hello andear thank you for your anticipated help with my situation.

I made an application on medical grounds before my leave as a tier 4 dependant expired on 23rd Jan 2019.
On 25th March 2019 I received notice that my visa was rejected and certified. I subsequently made another application on the same grounds with more information on 5th April 2019. This was rejected and I got notice on 25th June.

Questions
1. Have I been an overstayer from 25th March even though I put in second application within 14 days of refusal?

2. I am considering a JR to remove the certification. If the answer to 1 is no, will I become an overstayer as JR is considered? This is because I am considering the implications of this for my 10 year route.

3. Can I go home and apply for another type of visa while JR is ongoing? What's the realistic prospects of success of the new application from my home country given the 2 failed applications and during JR procedure?

Thank you for your help.

[seagul]

1&2&3: If you were given the chance to appeal but you reapplied then you won't be covered by section 3C which prevent the applicant from becoming overstayer. Therefore, you are living as an overstayer who if return back home during JR without being successfully approved then more likely won't be able to get any visa for next many years. Visa on medical grounds will less likely be approved unless you have started private life in UK like British child/partner.

[Paulng]

Thank you for your response. I was not given the chance to appeal. The first decision was certified hence why I went for a second application to provide further evidence.

What it means from your answer is that even with the second application, I have been an overstayer since 22nd March?

[seagul]

.

What it means from your answer is that even with the second application, I have been an overstayer since 22nd March?

Yes

[Paulng]

Wow. .OK thanks for the information. Can I do an administrative review of the second failed application?

[Paulng]

I just read this from the Internet regarding 2nd applications made within 14days of refusal. It means I haven't overstayed from 22nd March to 25th June. Please clarify if true or not. Thank you.

The Home Office will now disregard the overstaying period following a refusal of an application made before the expiry of previous leave where it was made:

within 14 days of:

(i) the refusal of the previous application for leave; or

(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or

(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or

(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

The reference to Section 3C of the Immigration Act 1971 includes those whose leave was extended automatically following an in-time application to extend.

Therefore applicants whose applications have been refused, for example as a result of a mistake in their application, will still be entitled to another attempt. The period of time has simply reduced from 28 days to 14 days.

There is no additional burden of proving a “good reason.” However, the reduction in time given to applicants to make a further application will require prompt action on the part of those applicants and their representatives.

[seagul]

I just read this from the Internet regarding 2nd applications made within 14days of refusal. It means I haven't overstayed from 22nd March to 25th June. Please clarify if true or not. Thank you.

The Home Office will now disregard the overstaying period following a refusal of an application made before the expiry of previous leave where it was made:

within 14 days of:

(i) the refusal of the previous application for leave; or

(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or

(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or

(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

The reference to Section 3C of the Immigration Act 1971 includes those whose leave was extended automatically following an in-time application to extend.

Therefore applicants whose applications have been refused, for example as a result of a mistake in their application, will still be entitled to another attempt. The period of time has simply reduced from 28 days to 14 days.

There is no additional burden of proving a “good reason.” However, the reduction in time given to applicants to make a further application will require prompt action on the part of those applicants and their representatives.

But section 3C still won't be triggered as you didn't appeal. Section 3C only applies to a valid application submitted in timely. Your application isn't refused due to any mistake rather you couldn't be able to qualify for it. 14 days of overstaying concession is usually for those who couldn't be able to file their extension due to unavoidable circumstances such as severally sick, in comma, unconcscious etc.

[Paulng]

OK. This is getting confusing for me. So you are saying that while I made an in time application on medical grounds, section 3c or 3d rules didn't apply?

I had no option of appeal so I made a further application within 14 days of first refusal. And it was still refused. I don't know if the examples he gave as reasons for rejection are conclusive or could include other reasons such as submission of fresh evidence to support my initial claim be included. Is there an addendum that in the second application following the first refusal, period of overstay after first refusal are only disregarded for applications that has mistakes and not for those whose application do not meet the threshold?

[seagul]

Section 3C should definitely have been applied to your first application. Section 3D is different to section 3C and doesn't applies here because existing leave wasn't revoked/curtailed. Your 2nd Application won't be covered by section 3C because of out of time and invalid because you already be refused for not qualifying it. Read home office official reply:

https://www.whatdotheyknow.com/request/ ... _work_of_a