Is reapplication after admin review overstaying.

[amar11]

Recently, I was refused visa from Tier 1 general to ILR. If I plan to reapply for ILR, after my admin review (assuming it will be refused in admin review), will that be considered as "overstaying"? Will I have right to work or study?

I am doing part time PhD and my viva is due in 3 months from my last day in UK. Is there any way I can stay for further 3 months legally. If I reapply after admin review and withdraw the application as soon as viva is finished, will it have any implications for my future visits?

[amar11]

I thought I will give more information about the case.
Visa applied on 13th May 2016.
Visa expired on May 26, 2016
Home office refusal on 6th August

So question is: If i reapply without going for Admin review, will my working rights extended till the re application is processed?

[cs95tdg]

I thought I will give more information about the case.
Visa applied on 13th May 2016. - is this the date you applied for ILR as a T1G Migrant?
Visa expired on May 26, 2016 - is this the date that your T1G visa expired ?
Home office refusal on 6th August

So question is: If i reapply without going for Admin review, will my working rights extended till the re application is processed?

If the answers to the above are 'yes', then your leave as a T1G migrant would be extended by virtue of section 3c until a decision is made on your admin review. See guidance below. https://www.gov.uk/government/uploads/s ... .pdf#page6

[amar11]

Thanks cs95tdg,

Your assumptions are right. But I dont understand what you mean by "until a decision is made on your admin review".
I am not opting for admin review, instead going fro fresh application. So I am assuming that my work rights will be extended till reapplication is processed.

[amar11]

I came across this paragraph in the document that you sent on section 3C
"Example 1
The person makes an in time application for leave which is refused on 20 April and
gives rise to a right to administrative review. A variation of the initial application (a
fresh application) is submitted on 30 April. Section 3C leave comes to an end on 29
April, the day before the fresh application is made. The person does not have section
3C leave while the fresh application is being decided." page 18

This example states that section 3C will cease to continue as soon as fresh (variation) application is done. Which means no working rights continued.

Is my interpretation right? Correct me if I am wrong.

[cs95tdg]

Thanks cs95tdg,

Your assumptions are right. But I dont understand what you mean by "until a decision is made on your admin review".
I am not opting for admin review, instead going fro fresh application.

Ah, I misread the statement that you weren't applying for an admin review. As your leave has now lapsed, if you make a new application then, yes it would be considered an out if time application. And you wouldn't be covered by section 3c.

Is there any particular reason you are not going through with an admin review ? I.e. was the original reason for refusal of your ILR Application valid?

[CR001]

Why was your ILR refused? Your previous posts suggest that you had a ltd company but with no transactions.

http://www.immigrationboards.com/indefi ... l#p1344399

[amar11]

Hi,

My ILR was refused because records of HMRC and HO did not match. With respect to my SA 2011. I have option of Admin review but my solicitor is advising me to go for fresh application with amendments. He also told me that my working rights will be extended during the fresh application. However, it turns out here that my working rights will not be extended. I have to give a viva in November which I cannot miss.
If I go back home then coming back will be difficult because HO may doubt my intentions (they are extremely good at that). So I want to stay in UK legally till November. So now i am planning to go for admin review and utilise the work rights and then make a fresh application.

[monty87]

Hi,

My ILR was refused because records of HMRC and HO did not match. With respect to my SA 2011. I have option of Admin review but my solicitor is advising me to go for fresh application with amendments. He also told me that my working rights will be extended during the fresh application. However, it turns out here that my working rights will not be extended. I have to give a viva in November which I cannot miss.
If I go back home then coming back will be difficult because HO may doubt my intentions (they are extremely good at that). So I want to stay in UK legally till November. So now i am planning to go for admin review and utilise the work rights and then make a fresh application.

It is a difficult one, to be honest there is no way you can extend your legal right to work or study as your leave has expired. Admin review can buy some time (28 days). I can only suggest you to apply for FLR(O) outside immigration rules/exceptional circumstances and ask University to provide supporting documents.