28 days rule????

[razi1234]

advice needed from experts/gurus

my psw expired --23 nov 2012
i hv applied for tier ent 19 nov .
but my application cam back from ukba due to fee isue,,i sent application back with postal order on 7th dec 2012--

now my questions are;;;
1: if i get refuse due to any reason ,will i get right of appel or not ????

2: if i get refuse ,what option would i have?

3:if i refuse ,will ukba give me 28 days to apply for fresh appliaction or not?

plz seniors i need ur views .
regards

[tanvir1985th]

advice needed from experts/gurus

my psw expired --23 nov 2012
i hv applied for tier ent 19 nov .
but my application cam back from ukba due to fee isue,,i sent application back with postal order on 7th dec 2012--

now my questions are;;;
1: if i get refuse due to any reason ,will i get right of appel or not ????

2: if i get refuse ,what option would i have?

3:if i refuse ,will ukba give me 28 days to apply for fresh appliaction or not?

plz seniors i need ur views .
regards

no right of appeal will be given and no more 28 days coz yr application has been submitted as a over stayer and u will be treated as a overstayer unless yr visa is granted. so that means if u r refused u will cross 28 days as a over stayer anyway. the only option will be left is judicial review.

[rehan01]

advice needed from experts/gurus

my psw expired --23 nov 2012
i hv applied for tier ent 19 nov .
but my application cam back from ukba due to fee isue,,i sent application back with postal order on 7th dec 2012--

now my questions are;;;
1: if i get refuse due to any reason ,will i get right of appel or not ????

2: if i get refuse ,what option would i have?

3:if i refuse ,will ukba give me 28 days to apply for fresh appliaction or not?

plz seniors i need ur views .
regards

Below material is taken from policy guidance 08/2012 version.

From 1 October 2012, applications for further leave to remain under the Points Based
System will fall for refusal if you have overstayed for more than 28 days on the date of
application, unless there were exceptional circumstances which prevented you from
applying within the 28 day period. The 28 day period of overstaying is calculated from
the latest of:

• the end of the last period of leave to enter or remain granted,

• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971, or

• the point that a migrant is deemed to have received a written notice of invalidity, in
accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime
application for further leave to remain.

If there are exceptional circumstances which prevented you from applying in time you
must submit evidence of the exceptional circumstances with your application. The
threshold for what constitutes ‘exceptional circumstances’ is high and will depend on
the individual circumstances of the case, but for example may include delays resulting
from unexpected or unforeseeable circumstances such as the following:

• serious illness which meant that you or your representative were unable to submit
the application in time (where supported by appropriate medical documentation).

• travel or postal delays which meant that you or your representative were unable to
submit the application in time.

• inability to provide necessary documents. This would only apply to exceptional or
unavoidable circumstances beyond your control, such as UK Border Agency being
at fault in the loss of, or delay in returning, travel documents, or delay in obtaining
replacement documents following loss as a result of theft, fire or flood (where
supported by evidence of the date of loss and the date replacement documents were
sought).

I hope the above will answer your question, so figure it out where u stand in your scenario.

all the best

[razi1234]

advice needed from experts/gurus

my psw expired --23 nov 2012
i hv applied for tier ent 19 nov .
but my application cam back from ukba due to fee isue,,i sent application back with postal order on 7th dec 2012--

now my questions are;;;
1: if i get refuse due to any reason ,will i get right of appel or not ????

2: if i get refuse ,what option would i have?

3:if i refuse ,will ukba give me 28 days to apply for fresh appliaction or not?

plz seniors i need ur views .
regards

Below material is taken from policy guidance 08/2012 version.

From 1 October 2012, applications for further leave to remain under the Points Based
System will fall for refusal if you have overstayed for more than 28 days on the date of
application, unless there were exceptional circumstances which prevented you from
applying within the 28 day period. The 28 day period of overstaying is calculated from
the latest of:

• the end of the last period of leave to enter or remain granted,

• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971, or

• the point that a migrant is deemed to have received a written notice of invalidity, in
accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime
application for further leave to remain.

If there are exceptional circumstances which prevented you from applying in time you
must submit evidence of the exceptional circumstances with your application. The
threshold for what constitutes ‘exceptional circumstances’ is high and will depend on
the individual circumstances of the case, but for example may include delays resulting
from unexpected or unforeseeable circumstances such as the following:

• serious illness which meant that you or your representative were unable to submit
the application in time (where supported by appropriate medical documentation).

• travel or postal delays which meant that you or your representative were unable to
submit the application in time.

• inability to provide necessary documents. This would only apply to exceptional or
unavoidable circumstances beyond your control, such as UK Border Agency being
at fault in the loss of, or delay in returning, travel documents, or delay in obtaining
replacement documents following loss as a result of theft, fire or flood (where
supported by evidence of the date of loss and the date replacement documents were
sought).

I hope the above will answer your question, so figure it out where u stand in your scenario.

all the best

thanks rehan
i understand wot u wanna say but point is from 1st oct 2012 ukba giving us 28 days after expiration of current visa,that we can apply within 28 days of overstayed,there are 2 points now..1.they will accept our application if we apply within 28 days of visa expiration(this point is understandable)but on the other hand if for any reason they refused our application due to any reason they will not give us right of appeal because we have applied after our visa expiration ,and we hv applied in between the period of flexibilty which ukba provided of 28 days,,,,
simply 28 days mean we can apply with 28 days and they will consider application but if they refuse u will not get right of appeal...

i m so so so unlucky i think,yesterday i hv spent 80 pound to consult this issue with3 different solicitors ,and all confirmed me that unfortunately i will not get right of apeal,
i was really shocked

[rehan01]

hi Razi I understand your point and I guess u r right incase of refusal no right of appeal because application is submitted after visa expiring.

so just hope and pray you get visa or worse case JR will be only option left

regards

[Olasunkanmi]

@ razi1234, do you have any evidence of why the payment was not processed during your first application as that might help your case if its HO mistake.

If the payment mistake is from you and HO give you no right of appeal, you have a right to go for Judicial review and you can win your case if you follow all requirements for your application.