Post
by kasunj » Sat Aug 01, 2015 1:16 pm
Applications made after expiry of last period of leave
37. Applications for leave to remain under the Points Based System will fall for refusal if you have overstayed for more than 28 days on the date of application, unless there were exceptional circumstances which prevented you from applying within the 28 day period. The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
• the point a written notice of invalidity is deemed to have been received, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain.
If there are exceptional circumstances which prevented you from applying in time you must submit evidence of the exceptional circumstances with your application. The threshold for what constitutes ‘exceptional circumstances’ is high and will depend on the individual circumstances of the case, but for example may include delays resulting from unexpected or unforeseeable circumstances such as the following:
• serious illness which meant that you or your representative were unable to submit the application in time (where supported by appropriate medical documentation).
• travel or postal delays which meant that you or your representative were unable to submit the application in time.
