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Will this previous tier 4 be considered as out of time?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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

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steampower
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Will this previous tier 4 be considered as out of time?

Post by steampower » Sat Jun 17, 2017 1:41 pm

Hi gurus from the forum,

I have a question I hope you guys can help me with. Basically an old tier 4 visa I had was meant to expire on end of September 2010 (30/10/10). I sent the application for extended leave to remain on the 29/10/10. The problem is that based on the rules back then I think you can submit your outstanding documents within 15 working days of your submission as I was still waiting for some documents to be send to me from home. What I just realized now is that my solicitor submitted 1-2 days after the 15 working days allowed. My tier 4 was granted and I continued with my studies but when I checked my history check from HO it shows application date as after my expiry date rather than the day I original submitted on the 29/10/10, I'm wondering if by my solicitor submitting late the outstanding documents got something to do with it? what are the consequences of giving the documents outside the 15 days limit? is it something I should be concerned or need to declare?

Kind Regards
Franjo

sah10406
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Re: Will this previous tier 4 be considered as out of time?

Post by sah10406 » Sat Jun 17, 2017 4:02 pm

steampower wrote:I'm wondering if by my solicitor submitting late the outstanding documents got something to do with it?
No, at that time the date of application was the date of sending the application form and documents. Follow-up documents do not change the date of application. So either your solicitor sent the whole application later than they told you, or, if you have evidence that they did send it on 29 October, you might want to present that to the Home Office and ask them to amend your history.
steampower wrote:what are the consequences of giving the documents outside the 15 days limit? is it something I should be concerned or need to declare?
If you are asked about any overstay, you have overstayed. According to the Home Offices records you applied late, so you were an overstayer from 1 November 2010 until the start date of your next period of leave.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

steampower
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Joined: Sat Jun 17, 2017 1:26 pm

Re: Will this previous tier 4 be considered as out of time?

Post by steampower » Sat Jun 17, 2017 4:38 pm

sah10406 wrote:
steampower wrote:I'm wondering if by my solicitor submitting late the outstanding documents got something to do with it?
No, at that time the date of application was the date of sending the application form and documents. Follow-up documents do not change the date of application. So either your solicitor sent the whole application later than they told you, or, if you have evidence that they did send it on 29 October, you might want to present that to the Home Office and ask them to amend your history.
steampower wrote:what are the consequences of giving the documents outside the 15 days limit? is it something I should be concerned or need to declare?
If you are asked about any overstay, you have overstayed. According to the Home Offices records you applied late, so you were an overstayer from 1 November 2010 until the start date of your next period of leave.

Hi there,

Thanks for your quick reply. The solicitor did send it before the expiry date. The problem was that some of the documents were added later on. I have the postage code of the submission however due to its been over 7 years It shows no information.

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Re: Will this previous tier 4 be considered as out of time?

Post by CR001 » Sat Jun 17, 2017 7:27 pm

Char (CR001 not Casa)
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