new fresh application after tier 1 dependent extention refusal

[mufti]

On 06th July 2013, I was granted leave to enter as a Tier 1 dependent partner until 25/10/2014. I entered the UK on 6 july 2013
0n 4th November 2014, I was granted leave to remain as a Tier 1 dependent partner until 04/11/2017.
On 31/10/2017, I submitted application for further leave to remain as partner of a Tier 1 (General) migrant. This application was unfortunately refused by the Home Office on 22/12/2017 and I received the decision letter by post on 30/12/2017.
The refusal letter states as, “You have provided Lloyds bank statements account dated 19 July 2017 to 10 October 2017 as evidence of maintenance funds. However they do not cover the full 90 day period and therefore are not acceptable”
i had provided 90 days bank statement but 1 page missed from the statement and i found after 2 week when i was cleaning my car, i have mentioned on AR. The circumstances when a decision maker can request additional information are set out in the evidential flexibility rule in paragraph 245AA in part 6A of the Immigration Rules...You must only request additional information under paragraph 245AA if you have reason to believe the information exists and that the applicant would meet the requirements of the Immigration Rules if they were given a further opportunity to provide that information..
my question if they donot accept my argument and refuse my AR then can i go on same day service for fresh application and how much chance they can make a decision on same day because i dont have passport and other documents ?

[mufti]

hello
any one here to help me please

[mufti]

hy
my admin review has been rejected on sat 22/01/2018, so aim going to submit new application within this week, so iam bit confused to filling up new application tier 1 dependent extension so i hope you guys help me out
section k about immigration history about my current and previous immigration status
first question about current immigration status so option should i tick it
1)i am applying following the refusal of a previous application for leave which was made in time
or
i am applying after the expiry date of the time limit for making an in time application for administrative review or appeal in relation to the refusal of a previous application for leave
or
i am applying following an administrative review or appeal being concluded,withdrawn abandoned or lapsing

my 2nd question k14
have you ever stayed in the united kingdom beyond the expiry date of your period of leave

3rd question k18 have you ever been refused entry clearance,leave to enter or leave to remain in the uk
this question is about my visa which i got from back home or visa which refused recently by home office

please please i need to fill up my form and submit within few days i hope someone help me soon

regards
Mufti

[vinny]

Posts merged.

[vinny]

Very harsh of them to restrict evidential flexibility. Obviously, bank statements form part of a sequence, starting from 1. But they have restricted the rules relating to bank statements sequences further since SH(Pakistan).

Therefore, if an applicant needs to demonstrate that they have held the required level of funds for 3 months, and have provided page one and page 3 of a statement, but have omitted the second page, then the missing page could be requested under evidential flexibility. However, if they had omitted the first page of the bank statements then it could not be requested under paragraph 245AA.

Making evidential flexibility inflexible seems absurd?!

i am applying following an administrative review or appeal being concluded,withdrawn abandoned or lapsing

Correct.

my 2nd question k14
have you ever stayed in the united kingdom beyond the expiry date of your period of leave

Yes. Currently.

3rd question k18 have you ever been refused entry clearance,leave to enter or leave to remain in the uk

Yes. You have just been refused leave to remain.

[mufti]

thank a lot vinny

[mufti]

hello
Vinny one more query, iam submitting fresh application after admin review unsuccessful, question k2 says are you applying within 14 days of your leave to enter or remain expiring ? should i say yes or leave it

and also please help me about k2a question
is there a good reason beyond your representative control why the application could not be made in time

i hope you reply me soon

[vinny]

I hope you are applying within 14 days of an administrative review or appeal being concluded, withdrawn abandoned or lapsing?

K2 - yes, if leave has expired for more than 14 days.
K2a - yes
K2b - yes, if you are applying within 14 days of an administrative review or appeal being concluded, withdrawn abandoned or lapsing
K2c - tick.