Can a visa be refused because the previous one expired?

[kzfrancis]

I've posted in another subforum about my brother-in-law's failed ILR application - but my current query refers to his ancestry route 5-year visa.

He put in an ILR application right at the end of a 5 year visa, so that when it was refused, he was already an overstayer. He was given a 14 day grace period in which to submit another application, so put in an application for another 5 year visa, rather than ILR, assuming that another ILR app would be refused again.

My question is whether anyone thinks that submitting a visa app when your previous one has already expired can count against you when they decide whether to grant the new one? And whether the refusal of ILR can also count towards their decision? He is currently suspended from work, waiting for the response from the Home Office.

[CR001]

Useful to continue in the existing topic, where I have already responded, than starting a new one where members will ask all the same questions again about the ILR refusal etc.

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The rules allow an application to be made within 14 days of a refusal. If he meets the visa requirements, no reason it should be refused.