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28 days period rule

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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gulrose786
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Joined: Thu Mar 14, 2013 5:42 pm

28 days period rule

Post by gulrose786 » Thu Nov 07, 2013 2:20 am

When actually 28 days period starts? Someone has told me that it starts after upper tribunal dismissal even if you go further ahead to high court or judicial review. Any new application can be made with in 28 days after upper tribunal dismissal. True and expert advise required

vinny
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Post by vinny » Thu Nov 07, 2013 3:41 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gulrose786
Junior Member
Posts: 81
Joined: Thu Mar 14, 2013 5:42 pm

Still confused

Post by gulrose786 » Fri Nov 08, 2013 12:40 pm

Thanks for update Mr. Vinny I am still confused about 28 days period. Can we have a chance of new application in 28 days after high court decision?

Amber
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Post by Amber » Fri Nov 08, 2013 1:58 pm

Within 28 days of an appeal determination of an in-time application. In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an in-Country appeal is pending. Read also the link Vinny gave above.
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gulrose786
Junior Member
Posts: 81
Joined: Thu Mar 14, 2013 5:42 pm

Post by gulrose786 » Fri Nov 08, 2013 3:59 pm

Today I visited my solicitor to discuss 28 days issue. He told that 28 days rule until after upper tribunal appeal dismissal. If you go to high court that includes in the judicial review and after high court determination you won't have right reapply under 28 days rule. Simply he said leave under 3c will be expired if u take your case in high court.

Amber
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Post by Amber » Fri Nov 08, 2013 4:10 pm

You could apply for an extension and apply for Judicial Review at the same time.
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gulrose786
Junior Member
Posts: 81
Joined: Thu Mar 14, 2013 5:42 pm

Post by gulrose786 » Fri Nov 08, 2013 7:33 pm

my question is still there about 28 days rule. can anyone make fresh application after high court decision within 28 days?

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