Urgent request for help on re-application after a refusal

[Scarlet]

Hello, my dear friends!

I am new to the forum and it is the first time I have posted a topic. I am desperate for help for my boyfriend's visa application. Thank you so much!

My BF's visa application was rejected last Tuesday because of a silly human erro. We wish to submit a new application but we are concerned whether we are legally OK to re-submit the application after his permitted stay has expired (it took HO 3 months to decide the case). Also, we do not have appeal right due to the fact when he made the first application, there was something wrong with his card (technical error) and his application was returned (1 week afterwards). Basically, when we re-submitted the application, it was outside the time and therefore we lost the appeal right. But in his rejection letter, he was not rejected because of that but his failure in supplying the certificate of his university degree (Tier 1 general). We made a mistake by sending the letter rather than the certificate (we have both of them).

Therefore, we think he has got the needed materials for application and he wishes to supply a new application asap. But we are worried whether there is any legal consequence if we apply after the expiry date of the valid visa.

Many thanks. I am really looking forward to your kind help!

P.S. ginoT has kindly offered his advice for me. I shall post his reply as well.

Scarlet

[Scarlet]

Hi Scarlet - do you have this posted on the site somewhere? It's just that I would rather my response was vetted by other forum members in case of any incorrect advice I give you. My "expertise" is with regards to COA & spouse visas. Still, there might be some useful bits of experience I have which would apply to you. Worth having everyone check it I think

Anyhow, I don't know much about the Tier 1 General rules. My partner (well wife!) is in a slightly safer situation as we're married and there are human rights laws at both UK & EU level protecting us from being apart.

In your BF's case, if I understand correctly, he is here illegally now as his visa has run out but originally submitted an application on time. But you are wondering if the flexibility I've discussed (and that the HO should perform) is applicable to you. It could be. But I think you are in unchartered waters here as you'll be relying potentially on a Judicial Review ruling that relates to a family visa. What you would have to do is formally request a reconsideration, supply additional documents, and threaten them with a Judicial Review if you don't get the visa. You've nothing to lose by doing this

Repost to the forum, let me know and I'll put up my answer again and see what other people think.

best of luck

[ginoT]

extra comments: I'm personally against the idea of reapplying.

1 you give them more money
2 in my experience even when you reapply and supply a massive amount of info they are capable of ignoring it based on the first application

Having said that there are bound to be people who have resubmitted and got a positive response from the HO

on the reconsideration, I would give them no more than 14 days from the date they received your request. If by that time you have not received a letter with a final answer I would advise them they are in breach of the Judicial Review pre-action protocol of a response. Let them know that if you don't get a positive response within a further 14 days considering the extra documentation you have provided then you'll submit a request for a judicial review.

I would consider getting a solicitor (and a cheap and knowledgeable one!) to help you at this stage to be honest. I thought I could write a good letter but having a professional really does make a difference

[Scarlet]

Thank you so much for your quick reply! My question is in our futher representation letter, we are very polite (not a letter before claim) and we did not mention that we would go for juditial review if they don't reconsider our case. By the way, are we legally OK while waiting for the decision for the further representation letter?