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Thanks Guru for your reply and sending me a very informative linkajek01 wrote:
My student visa expiry was on 31/08/2008
Applied for student extension 26/08/2008
Acknowledgement letter 29/08/2013
Application received by HO 28/08/2008
Application returned as invalid 16/09/2008
New application submitted 18/09/2013
Hi Vinnyvinny wrote:Do you know when was the starting date of the new form?
You should probably be okay. If they had continued to consider the initial application as invalid, then they would have refunded the initial fees.
You should be ok.ajek01 wrote:Hi Vinnyvinny wrote:Do you know when was the starting date of the new form?
You should probably be okay. If they had continued to consider the initial application as invalid, then they would have refunded the initial fees.
Unfortunately, the new form was out before I had applied initially on 26/08/2013
I would still want to look at my case critically and would like to establish even if case worker does not favour much, would I still survive?
And so could I please ask you couple of questions below:
1) When my application was sent as invalid on 16/09/2008, was I technically an overstayer from 31/08/2008
2) If I was indeed an overstayer from 31/08/2008, until which date I was an overstayer? Is it until when I have made my second application on 18/09/2008 (with correct form) or until when the final decision was made on 10/11/2008?
Thank you so much in advance
Kind regards
Ajek
There was a reason why I asked.vinny wrote:Do you know when was the starting date of the new form?
As there were no changes in fees, they were actually mistaken in stating that the initial application was invalid. Therefore, you hadn't overstayed.[url=http://webarchive.nationalarchives.gov.uk/20080806122103/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/]34I[/url]. wrote:Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.
vinny wrote:There was a reason why I asked.vinny wrote:Do you know when was the starting date of the new form?
On 09/06/2008, FLR(S) was version 04/2008.
On 06/08/2008, FLR(S) was version 04/2008.
On 06/09/2008, FLR(S) was version 08/08
On 23/10/2008, FLR(S) was version 08/08
Therefore, a change in form happened after 06/08/2008 (probably on 18/08/2008). You made your initial application on 26/08/2008. There's a difference of no more than 20 days. Therefore, you are covered under
As there were no changes in fees, they were actually mistaken in stating that the initial application was invalid. Therefore, you hadn't overstayed.[url=http://webarchive.nationalarchives.gov.uk/20080806122103/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/]34I[/url]. wrote:Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.
Kind regardsDoes that mean I had overstayed from 31/08/2008 until when I have my second application on 16/09/2008 (with correct form) or until when the the application was approved which is 10/11/2008?
276B wrote:(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.