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Yes he applied just before it expired so was intime. He missed a page on the form, he didn't pay the health surcharge but paid the main fee. He also lost his passport prior to his application so wasn't able to provide his passport.ILR1980 wrote:You husband applied before his leave to remain expired? Is his leave to remain still valid or expired? what errors you made in filling the form? did you paid the fees? did they asked you to make fresh application ?
Please clarify the situation before anyone can give you some suggestions
Thank you for your reply ILR1980.ILR1980 wrote:Section 3C of the Immigration Act 1971 states that where an application for further leave to remain is made in time (i.e. before their last grant of leave expires) then that persons leave will be treated as continuing until a) the Home Office make a decision on the application or b) all avenues of appeal have been exhausted
Where a person make an out of time application within the 28 day grace period then they will not benefit from Section 3C leave and these 28 days start from your visa expiry date. People can correct me if i am wrong
First document is Applications from overstayers (non family routes)Anon2016 wrote:
Thank you for your reply ILR1980.
I found two documents from government websites which state two diff things.
https://www.gov.uk/government/uploads/s ... _clean.pdf
This one say on page 7 that rejected as invalid counts from day of letter.
Yet this document on page 8 says what you have essentially said.
https://www.gov.uk/government/uploads/s ... ve-6_0.pdf
Very confused right now.
Yea he made his application in time but it was not validated . You dont have much options. May be someone else can guide you betterAnon2016 wrote:Oh okay. Thanks to pointing that out. So it's likely his 28 days will be counted rom visa expiry?
Altho his orig application was in time, I think he has passed 28 days since expiry. Our lawyer seems to think a new application will be fine and the 28days starts from today. I'm not convinced though hence looking for a second opinion.
Good luck and hope you find some way to sort out this messAnon2016 wrote:Thanks once again ILR1980, I think you are right in what you've stated. I guess we will find out very soon. He has a premium appt next week.
Hey I am under the same dilemma, did your application finally got approved ??. I might have to book the appointment soon as well.Anon2016 wrote:So UKBA have said its from the date of letter apparently. Even though it says rejected invalid.