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How many times can I apply?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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tanvir1985th
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Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

How many times can I apply?

Post by tanvir1985th » Tue Nov 12, 2013 12:26 am

dear bloggers i have a question regarding fresh application after being dismissed appeal. if i apply again within 28 days and refused again, can i apply again within 28 days after the second refusal? if so how many times can i do so? yr mastery on this issues will be appreciated. thx

Entreprenuersweare
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Posts: 118
Joined: Fri Sep 27, 2013 11:56 am
Mood:
United Kingdom

Re: How many times can I apply?

Post by Entreprenuersweare » Tue Nov 12, 2013 12:43 am

tanvir1985th wrote:dear bloggers i have a question regarding fresh application after being dismissed appeal. if i apply again within 28 days and refused again, can i apply again within 28 days after the second refusal? if so how many times can i do so? yr mastery on this issues will be appreciated. thx
Hi Tanvir1985th

I think if you have made a fresh application after your appeal is dismissed and if that application is rejected too then you will not be given a right to appeal by the UKBA and in order to secure a right to appeal you will have to go for a judicial review.

In relation to making a fresh application again after second refusal I doubt you will get another chance to make an application. I am not a 100% on this but I believe this is how it works.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Nov 12, 2013 12:47 am

No. You will not be able to apply under the PBS system, if you have overstayed over 28 days.
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.

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Post by tanvir1985th » Tue Nov 12, 2013 1:09 am

vinny wrote:No. You will not be able to apply under the PBS system, if you have overstayed over 28 days.
but what if i didnt overstay 28 days. so say whenever my appeal is dismissed i made a fresh application. whenever my 2nd application is refused i made a third one. so in that way may be in between i get refused and i make a new application, i will be 2-3 days overstayed. or even the time while the ukba is making a decision will be considered as overstaying?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Nov 12, 2013 3:18 am

Your overstay period starts when you have no leave remaining and your appeal is withdrawn, abandoned or exhausted. If your subsequent application is refused after the 28 days, then you cannot make another in-country application.
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.

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Post by tanvir1985th » Tue Nov 12, 2013 5:22 pm

vinny wrote:Your overstay period starts when you have no leave remaining and your appeal is withdrawn, abandoned or exhausted. If your subsequent application is refused after the 28 days, then you cannot make another in-country application.
thx for yr reply. one more question. if i apply in 28 days does it break the chain for 10 years?

Olasunkanmi
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Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: How many times can I apply?

Post by Olasunkanmi » Tue Nov 12, 2013 7:39 pm

tanvir1985th wrote:dear bloggers i have a question regarding fresh application after being dismissed appeal. if i apply again within 28 days and refused again, can i apply again within 28 days after the second refusal? if so how many times can i do so? yr mastery on this issues will be appreciated. thx
If you have so much money to make plan for 3-4 applications, why not take your time and fight the first application with Judicial review and make sure that your business is trading so that you can prove that you are indeed a genuine entrepreneur.

Judicial review application with the current law can be filled on multiple occasions as long as you have a basis for filling one.
The key to success is knowledge and hardwork, and to have faith.

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Re: How many times can I apply?

Post by tanvir1985th » Tue Nov 12, 2013 8:45 pm

Olasunkanmi wrote:
tanvir1985th wrote:dear bloggers i have a question regarding fresh application after being dismissed appeal. if i apply again within 28 days and refused again, can i apply again within 28 days after the second refusal? if so how many times can i do so? yr mastery on this issues will be appreciated. thx
If you have so much money to make plan for 3-4 applications, why not take your time and fight the first application with Judicial review and make sure that your business is trading so that you can prove that you are indeed a genuine entrepreneur.

Judicial review application with the current law can be filled on multiple occasions as long as you have a basis for filling one.
as far as i know judicial review does break yr legal continuity. thats why i wont go for it. and obviously 2nd application wont succeed coz 1st application submitted during that 28 days period will take more than 28 days to be decided anyway during which my status will be overstayer. any other suggestions?

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: How many times can I apply?

Post by Olasunkanmi » Tue Nov 12, 2013 9:11 pm

As long as you are a genuine entrepreneur, why don't you fight the refusal reasons rather than submit fresh application. Most appeals and JR only fail if appellant haven't follow the guideline for the application.
The key to success is knowledge and hardwork, and to have faith.

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