Fresh Application After Admin Review Refusal - Urgent Help

[FOCUS]

Hi Zimba
can you please explain me regarding the following 2 cases ,

case1:
If the first extension application is rejected and AR is also rejected then from very next day we will become overstayer and if we go for JR ,all the time that JR is in process we will be as overstayer. But if the JR is successful and we were given Extension, then Continuing in T1 E for 2 years and going for IRL is possible ? will HO disregard the overstay and grant IRL ?

Case 2:
If we do a fresh application after admin review , we will become overstayer. But if we make application before 28days and then if determination of this 2nd application takes another 2 months, Then all those 2 months we will be an overstayer . Then..
1- If we successfully given the extension after 2 months. we will be continuing doing business in UK for another 2 years and go for IRL. So what will be the case then, as altogether we will be more than 2 months overstayer rather than 28days. so will HO consider the application for T1 E ILR 5 years route , disregarding the total overstay ?
2- If the 2nd application is also rejected , can we again go for AR or JR , or is that the end of the road ?
can you please guide me through the links in HO rules where it is mentioned.

Thank you very much

[awan905]

Hi I have had similar discussion with few lawyers today and I almost asked the similar questions. In first case you can only go for ILR based on tier 1, not based on 10 years due to overstaying. In 2nd case if you submit the new application with in the time frame which is 14 days of AR (if you are not going for that) plus 28 days on top of that, however if you still got the maintenance funds in your bank it is better to submit new application with in a week time. Like in my case i got time till 28th of sept for AR but planning to submit the new application before that as soon as I will get the bank statement for maintenance.

[ali31]

I submitted fresh application while my AR decision was in pending. I was told my continuous residency will not break.

[awan905]

I submitted fresh application while my AR decision was in pending. I was told my continuous residency will not break.

Yes, you are correct, same thing lawyers told me today. However if you go for JR and decision comes in against then you become over stayer.

[awan905]

I submitted fresh application while my AR decision was in pending. I was told my continuous residency will not break.

Ali31 just need to check from you when you submitted the new application did you get the visa and how long it took?, also 1st application documents, were they kept by the home office at first?

[Obie]

I submitted fresh application while my AR decision was in pending. I was told my continuous residency will not break.

That is not allowed.

Whiles AR is pending, you are prohibited in law from making new application under Section 3C.

[Obie]

Hi I have had similar discussion with few lawyers today and I almost asked the similar questions. In first case you can only go for ILR based on tier 1, not based on 10 years due to overstaying. In 2nd case if you submit the new application with in the time frame which is 14 days of AR (if you are not going for that) plus 28 days on top of that, however if you still got the maintenance funds in your bank it is better to submit new application with in a week time. Like in my case i got time till 28th of sept for AR but planning to submit the new application before that as soon as I will get the bank statement for maintenance.

The answer given in the first case is wrong as the consequence of the Court quashing the decision or the secretary of State withdrawing her decision, means you application remains outstanding, and this has the effect of activating Section 3C retrospectively, in the light of the unlawful decision, which has been found to be unlawful by the courts.

[awan905]

I submitted fresh application while my AR decision was in pending. I was told my continuous residency will not break.

That is not allowed.

Whiles AR is pending, you are prohibited in law from making new application under Section 3C.

Sorry this wrong, you can indeed submit new application even if you have applied for AR, once you will submit new application your AR will automatically withdrawn. Kindly check below link
https://www.gov.uk/government/uploads/s ... w-v7.0.pdf


No. If a person makes an administrative review application
and then makes a new application for entry clearance, leave
to enter or leave to remain, the administrative review
application will be treated as withdrawn.
If a person makes a new application for entry clearance,
leave to enter or leave to remain and then makes an
administrative review application in respect of a previous
decision, the administrative review application will be
rejected.


So there is no issue, as long as you apply for new application with in 14 days or in 28 days of AR even after applying AR, you have legal status

[Obie]

I will try and explain meticulously and hope it may assist you and the solicitor.

The Guidance you showed me actually confirms my point, in that it confirms clearly that a person cannot have an AR and an application in tandem.

In the appeal proceedings you have to withdraw the appeal proceedings. In AR case, the Home Office guidance states that it will invalidate the AR which a person has already done.

The Statutory provision that brings about the AR does not actually state that a person new application will invalidate an AR. The legal possibility of that is questionable.

However the guidance confirms that you cannot have both together.

In as far as your lawyer said Section 3C will continue after you made a subsequent application, then that is clearly not correct in law.

Section 3C only covers the previous application which led to the AR. Once that application has been refused and an AR completed, or withdrawn by default of you making a new application, then section 3C cease to apply, as soon as the new application result in the AR being withdrawn by default.

From the time the new application goes in, your status is similar to a person who apples within 28 days of their leave expiring.

There is no right to work or leave in the UK, until that application is successful.

I hope this make sense to you now.

[FOCUS]

Thank you Obie and rest of all who replied.
Obie- you are absolutely Right

@ali31- Can you please let me know whether you application has been validated and accepted , As I think you are already an over stayer if u send a fresh application while AR is in process.
@Awan 905- Please check with ur lawyer once again, he is wrong . As Obie said The link u suggested says it clearly , continue Reading page 83 n 84

you can Also Read in the follwoing link, Page 11

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

Obie and Other Gurus Please shed some light on my Original Questions with Case 2 what will be happening if we follow the routes I mentioned.

[awan905]

Today I checked this from couple of lawyers, when you apply for AR and and decide to go for new application and submit it then your AR will automatically withdrawn by the homeoffice.

Well it is always better to either got for AR or go for totally new application.

[Obie]

Today I checked this from couple of lawyers, when you apply for AR and and decide to go for new application and submit it then your AR will automatically withdrawn by the homeoffice.

Well it is always better to either got for AR or go for totally new application.

That statement is correct.

But it makes no practical sense to make an AR and then apply again. You just lose an extra money. It is unnecessary.

[Obie]

It seem that either the lawyer was confused in the advise you gave or you understanding of what they told you was misconceived.

[Obie]

If an application made within 28 day of overstaying, then that overstaying will not break continuous lawful residence for Long residence or Tier 1 ILR, if the application is subsequently approved.

You must ensure you get it right though, otherwise no opportunity will arise.

[FOCUS]

Hi Obie,

As you said above ,
"If an application made within 28 day of overstaying, then that overstaying will not break continuous lawful residence for Long residence or Tier 1 ILR, if the application is subsequently approved "

But there are ,many threads in which some of our forum members and respected gurus are discussing that the continuous residence will break anyway even if we apply before 28 days period of overstay, as the apporval of the application will take longer than 28days overstaying period , for Long Residency(10 years) and Tier1 E routes Aswell .

So will HO disregard the total overstaying period (example: say 3 months) from the moment we apply and till the approval is made ?

Please can you share the links of HO were this is stated and any similar case of previous members experience in this forum.

Thank you

[Obie]

If I see those thread I shall correct them acordingly.

I will not be going round to track them out, as I have enough work on my plate without seeking to find one. However if I am fortunate to come accross them, I shall elaborate on the correct legal position as I have done on your thread.

Clearly that reading is wholly inconsistent with 276B.

[FOCUS]

Thank you Obie

[FOCUS]

And for rest of the members here is the 276B

https://www.gov.uk/guidance/immigration ... categories

under the topic
" Requirements for an extension of stay on the ground of long residence in the United Kingdom276B,
see all the points mentioned there and especially- point (v), which states as follows ..

" (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."

[joenayyar]

I have now applied for new application after AR and within 14 days. My accountant got letter that I am not allowed to work. Am i not allowed to work(as a director) while I am waiting for the result of the fresh application?

[suvalike]

I have now applied for new application after AR and within 14 days. My accountant got letter that I am not allowed to work. Am i not allowed to work(as a director) while I am waiting for the result of the fresh application?

So after the rejection of extension application , you got the rejection in AR too and now you have applied for the fresh extension application within 14 days of the AR rejection ?

am i right ?

[zimba]

I have now applied for new application after AR and within 14 days. My accountant got letter that I am not allowed to work. Am i not allowed to work(as a director) while I am waiting for the result of the fresh application?

Yes, you should remove yourself from payroll until granted extension

[sainhale1]

Hi zimba88

Did you received the response of your fresh application? my situation is same.
Thanks and waiting for your response.

[CR001]

Hi zimba88

Did you received the response of your fresh application? my situation is same.
Thanks and waiting for your response.

It is not zimba88 that made a fresh app after AR refusal. Suggest read the first page of this topic to see who the original poster is.

[zimba]

Hi zimba88

Did you received the response of your fresh application? my situation is same.
Thanks and waiting for your response.

I was responding there, I did not apply for any application or AR

[indiancitizen]

@Zimba, @CR001 and all other respected contributors:

Thank you much for your continues support.

So if in case the second application is also refused, is there a law stopping the person from filing a third application ?

If No, then whether these periods of Overstay will impact the 5/10 years ILR route is the next question.

I am varying our current Tier 1 Ent extension (fresh application after AR withdrawal) to Tier 2 General. So wondering if our road will be closed if we receive another refusal.

Kindly share your thoughts.