Urgent matter regarding 28 day rule - Please help all

[Entreprenuersweare]

Hi All

This is a very urgent matter. All advise will be greatly appreciated.

A brief history of my timeline.
Applied 12-12-12
Refused 13-05-13
Appeal withdrawn by HO - 27-11-2013
Application reconsidered and refused - 13-02-13

I have been informed that you have to make a fresh application within 10 working days in which you have to appeal and not 28 days of the refusal date of your application. If you do not make your application within 10 working days if you abandon your appeal then you are making an out of time application even if you are making this within 28 days of the date of refusal.

Please advise as this is causing a lot of distress.

[entrepreneur123]

have u got appeal right again?

[Entreprenuersweare]

have u got appeal right again?

Yes I did but we chose to reapply and did not lodge an appeal.

[Princess of Ammi]

I have been unable to make any means out of this paragraph you wrote I pasted it down

''I have been informed that you have to make a fresh application within 10 working days in which you have to appeal and not 28 days of the refusal date of your application. If you do not make your application within 10 working days if you abandon your appeal then you are making an out of time application even if you are making this within 28 days of the date of refusal.''

when an original decision is withdrawn by UKBA in appeal that gets this application reinstated to be in process as it was before the decision. if it is re-refused with whatever reasons you will again get the same rights as you had at the time of your 1st refusal decision, and that is, you can choose to re-apply(this would be considered an application with expired leave!!) you can lodge an appeal within 10 days as normal(it saves you for long residency and maintain your status whatever it was at the time of applying).

do you want to add something to it ?

[Entreprenuersweare]

I have been unable to make any means out of this paragraph you wrote I pasted it down

''I have been informed that you have to make a fresh application within 10 working days in which you have to appeal and not 28 days of the refusal date of your application. If you do not make your application within 10 working days if you abandon your appeal then you are making an out of time application even if you are making this within 28 days of the date of refusal.''

when an original decision is withdrawn by UKBA in appeal that gets this application reinstated to be in process as it was before the decision. if it is re-refused with whatever reasons you will again get the same rights as you had at the time of your 1st refusal decision, and that is, you can choose to re-apply(this would be considered an application with expired leave!!) you can lodge an appeal within 10 days as normal(it saves you for long residency and maintain your status whatever it was at the time of applying).

do you want to add something to it ?

Hi Princess of Ammi

Thank you for your response.

Just to summarise what you have said. We can make a fresh application within 28 days but our application will be considered as an out of time application and therefore will not receive a right to appeal in the event of a rejection.

If our application will be considered an out of time application then will our application be affected by this in any which way.

Kind Regards

[Princess of Ammi]

well I have to say a sorry again as I again did not get the question you wrote in bottom line.

if this could answer your question, re-applying in the same cat. or different ones are seen on their own merits and subject to genuine test, as seen some of us one way or other want to remain in UK and do not prepare their document carefully that would potentially indicate being not genuine.

yes every new application(re) has a relevance in terms of being genuine to its old application in any case they let(these days) every applicant to prove if they are genuine before if they again refuse an application. tele and in person interviews are part of this test as you know

[Entreprenuersweare]

well I have to say a sorry again as I again did not get the question you wrote in bottom line.

if this could answer your question, re-applying in the same cat. or different ones are seen on their own merits and subject to genuine test, as seen some of us one way or other want to remain in UK and do not prepare their document carefully that would potentially indicate being not genuine.

yes every new application(re) has a relevance in terms of being genuine to its old application in any case they let(these days) every applicant to prove if they are genuine before if they again refuse an application. tele and in person interviews are part of this test as you know

Thank you for your response. I apologise for not being clear in relation to what I want to ask?

My question was as we are now making an application with an expired leave does it affect our application adversely in any manner?

Hope this makes sense.

Also, as we are now making an application with an expired leave does it affect our long term residency status in any manner?

Thanks for all your help and support on this.

[Princess of Ammi]

yeah this is what I explained in my last post to you.

whereas your 2nd question on breaking a lawful residency if you read the policy(long residency) it states more than one occasions that 28 days are ignored if you applied within and got the visa.

give it read it should give you further information in addition to what you wanted to know.

[Zee ali]

have u got appeal right again?

Yes I did but we chose to reapply and did not lodge an appeal.

Why u choose to reapply???????

When u will make new application u won't trigger 3c because u don't have valid visa when apply again and u will not get appeal right

when refuse again

So Keep in mind thees points and best of luck with your case

[vinny]

I have been informed that you have to make a fresh application within 10 working days in which you have to appeal and not 28 days of the refusal date of your application. If you do not make your application within 10 working days if you abandon your appeal then you are making an out of time application even if you are making this within 28 days of the date of refusal.

Please advise as this is causing a lot of distress.

Making an application within 10 working days of a refusal may be considered as invalid.

[Olasunkanmi]

@ Entreprenuersweare, what are the refusal reasons for your first and second application.

[Entreprenuersweare]

I have been informed that you have to make a fresh application within 10 working days in which you have to appeal and not 28 days of the refusal date of your application. If you do not make your application within 10 working days if you abandon your appeal then you are making an out of time application even if you are making this within 28 days of the date of refusal.

Please advise as this is causing a lot of distress.

Making an application within 10 working days of a refusal may be considered as invalid.

Thank you for the response Vinny. Sorry for responding so late. I was not on immigration boards due to some personal issues. So does the 28 day period start after the 10 working days for making an appeal are over.

[Entreprenuersweare]

have u got appeal right again?

Yes I did but we chose to reapply and did not lodge an appeal.

Why u choose to reapply???????

When u will make new application u won't trigger 3c because u don't have valid visa when apply again and u will not get appeal right

when refuse again

So Keep in mind thees points and best of luck with your case

Thanks Zee Ali. Sorry for the late response.

[Entreprenuersweare]

@ Entreprenuersweare, what are the refusal reasons for your first and second application.

Hi Olasunkanmi...

Sorry for the late response. I was not on immigration board due to some personal issues. The first reason for refusal was that me and my partner did not have access to each other's funds.

After the appeal was withdrawn by the HO they refused again on the same grounds. However we were able to convert one of the existing personal accounts used during the initial application in to a joint account and did send them evidence for the same. They have stated that we did not meet the immigration rules as the joint account was not available three months prior to the date of application.

We have therefore decided to make a fresh application.

[saif009]

what is ur refusal for second time?

[Ash009]

@Entrepreneursweare

But the policy guidance or immigration rules don't specify any minimum time limit for holding the the required £50k in personal/business account. How can they refuse on the '3 month' criterion?

[Ash009]

@Entrepreneursweare

Or was it the case that you converted the very same account which you used to show the maintenance funds (£900) into a joint account?

Because if this is the case, the policy guidance states that you can't use the same account for showing £50k (investment amount) and £900 (maintenance funds required for a stretch of 3 months). And therefore they could have refused your fresh application on this basis.

[shortdays]

But If we, as a team application, are showing £50K funds in (2 joint accounts), can we use another 1 joint account (different to the one with £50K) with the same bank showing £1800 for maintenance?
i.e.
1. both the team members submit joint bank statement with the same account number with £1800 (900+900) for over 90 days?
2. both the team members submit another 2 joint account statements showing £50K for investment.

I hope this is allowed?

[Olasunkanmi]

@Entrepreneursweare

Because if this is the case, the policy guidance states that you can't use the same account for showing £50k (investment amount) and £900 (maintenance funds required for a stretch of 3 months). And therefore they could have refused your fresh application on this basis.

The policy guidance didn't state that you cant use the same account for both 50k investment and £900 maintenance, what it state is that you cannot use the same fund of 50k to claim point for maintenance.

Simply put, you can use a single account if you have £50,900 in the account and also if £900 has been in the account for minimum of 90days continuously.

[Olasunkanmi]

But If we, as a team application, are showing £50K funds in (2 joint accounts), can we use another 1 joint account (different to the one with £50K) with the same bank showing £1800 for maintenance?
i.e.
1. both the team members submit joint bank statement with the same account number with £1800 (900+900) for over 90 days?
2. both the team members submit another 2 joint account statements showing £50K for investment.

I hope this is allowed?

@ shortdays, technically your analysis is possible but could be tricky for caseworker as your maintenance funds should normally be in personal account. So if you guys have separate account with £900 for 90days, its better to use it than making your case complex for lazy caseworker who are very quick in dishing out refusal letters.

[shortdays]

@ Olasunkanmi, we would have certainly done that but as both of us combined our personal accounts and don't have any single personal account. However, we have submitted seperate authencity letter from bank and that letter is addrerssed to us individually.

I read the policy guidance but no where I could find the clarity. In addition, the application in the end asks for the signature and name of the joint account holder if you have submitted joint account statements for the maintainance funds. So, technically on my form my parther had to sign and vice-a-versa where there was certainly funds of more than 2000 for last 4-5 months.

Do you this this might be a problem? because as a joint account holder both of you do have equal access to the funds and anyways we have submitted 2 seperate bank account statements with letter for business investment.