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can you apply 3months in advance on ban

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

can you apply 3months in advance on ban

Post by titi » Wed Sep 07, 2011 5:54 pm

Hie. My ban ends 28th dec (overstay). I have job offer with A rated employer to start 7th jan. Once CoS is out can I apply 2 or 3 months before 7th jan? Thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 07, 2011 6:03 pm

The rules say the mandatory refusal period will be 12 months (or 2 or 5 or 10 years) from the date you leave the UK. No exceptions to these fixed periods that I am aware of.

However, your chance of a discretionary refusal under 320 (11) is extremely likely and this has no time limit. Reading your other thread, your ill-advised attempt at claiming asylum (and refusal of this) will look very much a vexatious or frivolous application. Good luck!
titi wrote:I opted to claim asylum which was refused.

titi
Newbie
Posts: 34
Joined: Fri Jun 11, 2010 5:05 pm
Location: malawi

Post by titi » Wed Sep 07, 2011 8:50 pm

so I guess I have been given wrong advice by a solicitor. He said once ban is over they will be taking new application and looking if I meet all requirements. I guess I just have to forget about uk!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 07, 2011 9:43 pm

titi wrote:so I guess I have been given wrong advice by a solicitor. He said once ban is over they will be taking new application and looking if I meet all requirements. I guess I just have to forget about uk!
Your solicitor was correct but I fear that the looking to see if you meet the requirements aspect may allow the ECO to introduce discretionary refusals that are not covered by the fact that the original ban period is now spent.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Sep 07, 2011 10:28 pm

you really need to stick to one topic

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