Applying one day after your visa expires?

miss maheen · Post by **miss maheen** » Mon Apr 16, 2012 5:18 pm

I have a friend who applied on 13 th April 2012 for student extention visa in
uk.Her visa expires on 14th of april 2012.She sent her documents via a courier service on 13th April.They were received on 16th April as the UKBA office was closed on 14th April 2012.How does this effects her status in UK and what are the chances she of her getting the visa?Kindly reply me as she is really worried about it.
Thanks

Post by **Lucapooka** » Mon Apr 16, 2012 5:28 pm

If she had sent it by post she would have been fine as the date of submission is the date of posting. The date of application by courier is the date the UKBA receives it.

The date of application or variation is either:
 the date of posting for postal applications, or
 the date a public enquiry office accepts the application, if it is made in person, or
 the date it is delivered to the UK Border Agency if it is sent by courier.

So, as it stands, she has submitted an out to time application which is fine in itself, but there will be no right of appeal if refused.

miss maheen · Post by **miss maheen** » Mon Apr 16, 2012 6:01 pm

How does it negatively impact her case?i mean what are the ramifications for it?can you kindly elaborate it for me.
Thanks

Post by **Lucapooka** » Mon Apr 16, 2012 6:33 pm

miss maheen wrote:How does it negatively impact her case?i mean what are the ramifications for it?can you kindly elaborate it for me.

I have! It means she will have no right of appeal if the application is refused.

Post by **Greenie** » Mon Apr 16, 2012 7:06 pm

the fact that the her application is out of time will also mean that if she had established presence before, she will not any longer, meaning that she will need the maximum amount of maintenance.

If refused, and the decision takes longer than 28 days, she will have overstayed for more than 28 dayss which will mean a ban on future applications for entry clearance for at least a year.

Deviser · Post by **Deviser** » Mon Apr 16, 2012 9:27 pm

More clearly, I think application will definitely be refused on the grounds of 'establish presence' rule, if the bank statement submitted does not have sufficient balance. i.e. full £9000.

As applicant made an 'out of time' application, so when application refused, she will have no right of appeal which means she may need to leave UK asap.

Plus, if UKBA take 28 days for decision, it will make applicant an 'overstayer' in UK which means a minimum 1 year re-entry ban to UK even she left according to UKBA instruction and on own expense.

Dilemma of ONE DAY!

Post by **Greenie** » Mon Apr 16, 2012 9:43 pm

Whether the application will be refused on maintenance grounds due to lack of established presence will depend on how much the individual has had for 28 days and indeed whether she even had established presence in the first place.

miss maheen · Post by **miss maheen** » Mon Apr 16, 2012 10:10 pm

Actually she was doing ACCA + MBA on her previous visa.But this time around she thought of changing her college and course.She took admission in NQV level ^ diploma this time which will lead towards MBA.And application was made as if its fresh new application and bank statement of her parents was shown by which was around pounds 16,000.This seems to be a very bleak case.She is still in UK, awaiting for the consequences.What are the chances of her getting visa?
Thanks again for your prompt reply.

Post by **Greenie** » Mon Apr 16, 2012 10:31 pm

Tier 4 applications do not require current leave so as long as she meets the rules the application should be granted. No one can say whether she meets the rules on the information given.

Post by **vinny** » Tue Apr 17, 2012 1:55 am

She would have been better off if she had not used a courier.

miss maheen · Post by **miss maheen** » Tue Apr 17, 2012 1:57 am

So you mean to say there are no chances of her getting the student visa?

Post by **vinny** » Tue Apr 17, 2012 2:02 am

Greenie wrote:Tier 4 applications do not require current leave so as long as she meets the rules the application should be granted. No one can say whether she meets the rules on the information given.

miss maheen · Post by **miss maheen** » Tue Apr 17, 2012 2:18 am

Alright.Thanks

Deviser · Post by **Deviser** » Tue Apr 17, 2012 12:00 pm

miss maheen wrote:Actually she was doing ACCA + MBA on her previous visa.But this time around she thought of changing her college and course.She took admission in NQV level ^ diploma this time which will lead towards MBA.

I think the 'academic progression' of the applicant will also be questioned here.

Does she has anything (i.e.favourable circumstances) to support her visa application? I think she just applied on the basis of £16000.

miss maheen · Post by **miss maheen** » Tue Apr 17, 2012 9:07 pm

By academic progression you mean to say attendance at last college?she has 70% attendance but i for now she has completely changed her courses from ACCA+MBA to nqv level 6 diploma.

Post by **Greenie** » Tue Apr 17, 2012 10:21 pm

why isn't your friend asking these questions herself? Presumably she understands the requirements better than you. Tier 4 migrants are generally expected to progress to a higher academic level from their previous course, although there are exceptions. See the tier 4 guidance, para 61

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Deviser · Post by **Deviser** » Tue Apr 17, 2012 10:29 pm

miss maheen wrote:By academic progression you mean to say attendance at last college?she has 70% attendance but i for now she has completely changed her courses from ACCA+MBA to nqv level 6 diploma.

I think you don't know about new academic progression rule. It does not mean attendance only. It covers the complete progress of student in previous course and new course.

I wonder how did you manage to get new CAS. From which college you got new CAS issued?

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Applying one day after your visa expires?

Applying one day after your visa expires?