PREACTION PROTOCOL OR SECTION 120

[Joy888]

I applied for a tier 4 visa in the UK and was refused. I went for admin review and I have just gotten a decision of refusal. I was denied based on putting in a late application and not filling in an exceptional assurance form. I honestly did not know about this exceptional assurance form, or knew I was overstaying. the question is should I go for pre action protocol or Section 120. my lawyer wants me to go for section 120 but I want to do PAP. which one do you think is better at this stage. Thank you as I anticipate your response

[CR001]

When did your last visa expire and when did you apply online, exact dates?

[Joy888]

I made an application for family route which was denied and exhausted all appeal, the last appeal was in July but I didn't get any letter or communication from the home office so I assumed I wasn't overstaying and I didn't know about exceptional assurance. I put in an Application for Tier 4 on the 29th of September, it could have been done earlier but was waiting for maintenance fee to count up to 28 days. The tier 4 application and admin review was rejected on the basis of overstaying within this period.

[Joy888]

When did your last visa expire and when did you apply online, exact dates?

I made an application for family route which was denied and exhausted all appeal, the last appeal was in July but I didn't get any letter or communication from the home office so I assumed I wasn't overstaying and I didn't know about exceptional assurance. I put in an Application for Tier 4 on the 29th of September, it could have been done earlier but was waiting for maintenance fee to count up to 28 days. The tier 4 application and admin review was rejected on the basis of overstaying within this period. Thank you

[CR001]

If you don't state all the relevant dates of application, refusal and appeals, not many can help.

But yes, submitting an out of time apllication will result in a refusal usually.

[Joy888]

If you don't state all the relevant dates of application, refusal and appeals, not many can help.

But yes, submitting an out of time apllication will result in a refusal usually.

on 29 April 2019, made an Application for leave to remain on family private route refused on the 10th of September 2019
Applied for Appeal on the 26th September got an hearing for November and rejected on the 6th of February 2020, applied for the second appeal on the 28th February and got rejected on the 24th July without an hearing
Made a tier 4 application on the 29th of September got rejected on the 9th December 2020
Made an Admin review Application on the 19th of December and got a refusal on the 15th of January.

within the period I got a letter regarding the last appeal, I was foolishly waiting for the home office to contact me regarding the next steps and by this time I already got an admission for my PhD which I then decided to put in a fresh application after the CAS was issued. I had no idea on the EA and I don't know what to do now

[seekingadvice87]

If you don't state all the relevant dates of application, refusal and appeals, not many can help.

But yes, submitting an out of time apllication will result in a refusal usually.

on 29 April 2019, made an Application for leave to remain on family private route refused on the 10th of September 2019
Applied for Appeal on the 26th September got an hearing for November and rejected on the 6th of February 2020, applied for the second appeal on the 28th February and got rejected on the 24th July without an hearing
Made a tier 4 application on the 29th of September got rejected on the 9th December 2020
Made an Admin review Application on the 19th of December and got a refusal on the 15th of January.

within the period I got a letter regarding the last appeal, I was foolishly waiting for the home office to contact me regarding the next steps and by this time I already got an admission for my PhD which I then decided to put in a fresh application after the CAS was issued. I had no idea on the EA and I don't know what to do now

Hi, have you submitted student visa application for your PhD offer?