Is there a grace period to reapply after invalid application

[jafersadeq]

Dear Gurus,

If someone applied his application in time in the UK, for some reasons it was invalid, HO returned it as invalid, his visa expired when he received it.
Is there a grace period to re-apply after invalid application?

Thanks

[zimba]

If your application was returned as invalid and your leave has expired, you become an overstayer. You get the same 14 days to apply and your new application will be out-of-time

[jafersadeq]

Thanks Zimba88,
14 days .. counted from the date of visa expiry or the date of HO letter of returning the invalid application?
Do HO disregard that 14 days for ILR cont. period?

Thanks again

[zimba]

since the date your application deemed invalid.
If your out-of-time application is accepted and eventually successful, then the period of over staying will be less than 14 days which will not affect your ILR.

[vinny]

since the date your application deemed invalid.

Since the date of expiry!?

Iqbal & Ors, R (on the application of) v The Secretary of State for the Home Department [2015] EWCA Civ 838 (30 July 2015) and Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016) reject Section 3C concession wrt invalid applications.

39E. This paragraph applies where:

• (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
• (2) the application was made:
  • (a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
  • (b) within 14 days of:
    • (i) the refusal of the previous application for leave; or
    • (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
    • (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
    • (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

[zimba]

Your are right Vinny. Based on the law, section 3C does NOT extend when the application submitted is invalid.
In case of Mirza v Secretary of State, the supreme court criticised this law but maintained the decision made by HO.

[jafersadeq]

Thanks Zimba88 & Vinny,

Section 3C ends 14 days after visa expiry date… It is clear.
But,
Re-applying during 14 days of invalid application letter, we know the applicant is overstayer in that period. Does HO accept the new application?
If they accepted it, do they disregard the period between invalid application and the new application which made within 14 days?

[vinny]

No. IMHO, Section 3C doesn't even get engaged, unless you made valid in-time application and your leave had expired before a decision. If they upheld that you made an invalid application, then it's treated as if no valid application had been made. Then you would become an overstayer on expiry of leave...

[jafersadeq]

Since the date of expiry!?

Dear Vinny,

Is the period (14 days) 14 working days or including the weekends?

Thanks

[vinny]

I think includes. Calendar days.

[vinny]

Biometrics failure exception:

I found this in the 3C regulation
"Where the application becomes invalid because of a failure to provide biometrics the Supreme Court clarified that section 3C leave came to an end at the point the Home Office serves a notice of invalidity."

That is why I thought the 3C leave ends at the time of the rejection letter

https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

About the proof of the letters, that could be possible if I have the right to appeal or administrative review, but I don't know if I can do that with rejected applications.

Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016)

36. I find more difficulty with the case of Ms Ehsan. Mr Malik did not, as I understood him, rely on any material distinction between the applicable provisions in the three cases. However, there is a potentially important difference. The obligation to pay the fee arises at the time of the application. There is no conceptual difficulty in providing that an application unaccompanied by a fee is invalid from the outset. The requirement to apply for biometric information arises only at a later stage, on receipt of a notice from the Secretary of State. Thus in Ms Ehsan's case the application was made in December 2011, but it was not until the following February that she was required to make an appointment. Even then it was accepted that there might be a reasonable explanation justifying further delay.

37. It is difficult to see any reason why a failure at that stage should be treated as retrospectively invalidating the application from the outset, and so nullifying the previous extension under Section 3C of her leave to remain. There appears to be nothing in section 7 of the 2007 Act to support such retrospective effect. The revised version of regulation 23(2)(b) (which was in force at the time of the March decision to reject her application as invalid) does no more than give the Secretary of State power to "treat" the application as invalid. There might be some question as to how that wording relates to the terms of section 7(2), but as I have said there was no challenge to its validity. In any event there is no reason to read it as having retrospective effect. The natural reading, which is consistent with the statutory purpose, is to give power to invalidate the application as from the time of the decision, but not before. However, this reading would not help Ms Ehsan herself. Even if her leave was treated as continuing until the date of the Secretary of State's decision on 26 March 2012, it would not assist her in respect of her new application made on 3 April 2012.

[Emerdal3]

39E. This paragraph applies where

(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Is there a similar 14 day period, if God forbidden my application becomes invalid? I have sent quiet a few copies as my documents but kept the originals for my ILR application. The passport, BRP and a couple of other documents were original though.

I gave my biometrics on 14th May 2018.

Oh and if I am varying my application to ILR, am I going to get my money back of £1033? I am actually planning to pay: ILR fee - £1033 for the variation (I am planning to clarify this on the cover letter) Is that acceptable?

Also, which premium phone number am I supposed to call to confirm the variation? I do not want my FLR (FP) to be refused after the 21st, in case, the UKVI is unaware of the second application.

All your answers/advice (negative or positive) are most welcome!

[zimba]

Stick to your own thread and avoid bumping old threads

indefinite-leave-to-remain/decision-pen ... l#p1652536