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Rare Case - T1E Extension / Medical Condition

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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hosseinebr
Newly Registered
Posts: 9
Joined: Mon Jul 23, 2018 6:26 pm
United Kingdom

Out of time extension Tier 1 200k

Post by hosseinebr » Mon Jul 23, 2018 6:34 pm

Hello guys,
I’m in a very difficult situation, i had some sort of health issues in last few weeks that delayed posting the application to renew my T1 Entrepenuer 200k visa.
Visa expiry date is 01/07/2018 and I’m going to submit the extension application on 27/07/2018.
I searched online and it seems that 28-days grace period rule is already removed and now the applications MUST be submitted on time or within 14 days.

As I have all the medical documents from hospital to show that i had an unsual situation, is there still any chance to renew my visa?
Can I still submit the application and hope for a miracle?

Thanks

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marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Out of time extension Tier 1 200k

Post by marcnath » Mon Jul 23, 2018 10:42 pm

hosseinebr wrote:
Mon Jul 23, 2018 6:34 pm
Hello guys,
I’m in a very difficult situation, i had some sort of health issues in last few weeks that delayed posting the application to renew my T1 Entrepenuer 200k visa.
Visa expiry date is 01/07/2018 and I’m going to submit the extension application on 27/07/2018.
I searched online and it seems that 28-days grace period rule is already removed and now the applications MUST be submitted on time or within 14 days.

As I have all the medical documents from hospital to show that i had an unsual situation, is there still any chance to renew my visa?
Can I still submit the application and hope for a miracle?

Thanks
Unfortunately, you are an overstayer now and the only exception for an overstayer available is if the application is made within 14 days.

You can try but I would rank the chances as extremely low.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

hosseinebr
Newly Registered
Posts: 9
Joined: Mon Jul 23, 2018 6:26 pm
United Kingdom

Rare Case - T1E Extension / Medical Condition

Post by hosseinebr » Wed Jul 25, 2018 4:10 am

Hello,
I came to the UK in 2015 with Tier 1 Entrepenuer Visa (200k), My visa is expired on 01/07/2018 as I couldn’t submit the extension application on time due to my wife medical situation, she has a very rare disease that require continuous diagnose and long term treatment by NHS.
We have all the documents from NHS confirming her rare disease and we can even get further documents from her doctors.

My T1 Entrepreneur visa extension is ready, I met all the conditions to extend my visa and all documents for the extension are ready (investment, job creation,…), the only problem is that we’ve passed the 14-days grace period.

I’m totally confused, my lawyer suggested that we can try Super Premium Service to reduce overstaying days (we will ask them first if they accept my case knowing it’s out of time and has medical situation), then challenge the rejection decision in three steps:
1-AR
2-Lodge appeal based on the Human Rights grounds raised in the application to the FTT (can be lodged in conjunction with step one)
3- JR (If we do not receive right of appeal to the FTT)

However, on this forum i heard that JR has nothing to do with immigration rules and it is part of the administrative law.
And JR doesn’t accept claims on human rights because of type of application being PBS.

On the other hand, I believe i can apply for a human right claim for my wife’s medical situation, we can even claim an ILR if her disease needs long term treatment, I believe it’s a strong case.

I don’t know which route to take, all i know is that i have to choose the safest and fastest route as I can’t send my family anywhere because of medical issue.

I need your advice.

User avatar
umer.shahzad1
Member of Standing
Posts: 283
Joined: Fri Apr 25, 2014 11:15 pm
Pakistan

Re: Rare Case - T1E Extension / Medical Condition

Post by umer.shahzad1 » Wed Jul 25, 2018 12:35 pm

You write down a covering letter mention about the details of ur health issue and give a call to Home office and inform them about ur situation.

ask your solicitor to draft a letter explanation your situation Logically they will not accept your application and may refuse it

but u can give a try super premium Service i havent heard about it u can try

Momi
Senior Member
Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: Rare Case - T1E Extension / Medical Condition

Post by Momi » Wed Jul 25, 2018 1:42 pm

hosseinebr wrote:
Wed Jul 25, 2018 4:10 am
Hello,
I came to the UK in 2015 with Tier 1 Entrepenuer Visa (200k), My visa is expired on 01/07/2018 as I couldn’t submit the extension application on time due to my wife medical situation, she has a very rare disease that require continuous diagnose and long term treatment by NHS.
We have all the documents from NHS confirming her rare disease and we can even get further documents from her doctors.

My T1 Entrepreneur visa extension is ready, I met all the conditions to extend my visa and all documents for the extension are ready (investment, job creation,…), the only problem is that we’ve passed the 14-days grace period.

I’m totally confused, my lawyer suggested that we can try Super Premium Service to reduce overstaying days (we will ask them first if they accept my case knowing it’s out of time and has medical situation), then challenge the rejection decision in three steps:
1-AR
2-Lodge appeal based on the Human Rights grounds raised in the application to the FTT (can be lodged in conjunction with step one)
3- JR (If we do not receive right of appeal to the FTT)

However, on this forum i heard that JR has nothing to do with immigration rules and it is part of the administrative law.
And JR doesn’t accept claims on human rights because of type of application being PBS.

On the other hand, I believe i can apply for a human right claim for my wife’s medical situation, we can even claim an ILR if her disease needs long term treatment, I believe it’s a strong case.

I don’t know which route to take, all i know is that i have to choose the safest and fastest route as I can’t send my family anywhere because of medical issue.

I need your advice.
Marcnath is 100% correct even I read rules. Home office allows to submit application within 14 days of visa expiry.

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CR001
Moderator
Posts: 88134
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Rare Case - T1E Extension / Medical Condition

Post by CR001 » Wed Jul 25, 2018 2:04 pm

You also now have the added stress that neither you or your dependents (assuming all visas have expired) are entitled to free NHS and you will have to pay 150% of the cost as you are no longer living in the UK lawfully.

https://www.gov.uk/guidance/nhs-entitle ... alth-guide

You also can no longer work, i.e. be on the payroll of your company.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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