visa refused, to appeal or re-submit ?

[hoa]

Hello everyone,

I am seeking your advice, so i can make a decision asap.

My Tier 4 application has been refused. The reason is "the applicant 's bank statement can not be used as maintenance evidence as it doesn't cover a 28 day period and it dated on 02 Apr only."

Fortunately I am allowed to appeal or re-submit.
I know the chance is very low if I appeal.
The re-submission option I prefer, because I do have enough money actually in my bank and I just need to provide new bank statement.

My first question is which option I should take?

If I re-submit and get new visa successfully, so you know there is a period that I am allowed to stay but have no actual visa, this period is considered lawful continuous residence, or broken? Does it affect ILR application?

My wife applied at the same time as dependent so she was refused too, she has been in the UK for almost 10 years.

We are allowed to stay until 15 June 2010 (if we don't take any action). By then my wife will have only 25 days left to reach 10 years lawful continuous residence.

For her case, is she qualified for applying ILR?

I hope my English is good enough to explain everything.

Your advice is important to me.

My thanks first

[geriatrix]

AFAIK, you can either appeal or reapply, not both! So check *carefully*.

It seems that your current leave has not yet expired. In that case, you would not get the right to appeal.


regards

[hoa]

It seems that your current leave has not yet expired. In that case, you would not get the right to appeal.


regards

Visa expired, but allowed to stay to appeal, so its lawful residence , isn't it?

[geriatrix]

It seems that your current leave has not yet expired. In that case, you would not get the right to appeal.


regards

Visa expired, but allowed to stay to appeal, so its lawful residence , isn't it?

Yes, but only if you appeal within the stipulated time. And if the visa has expired, then you cannot re-apply. As I said, you cannot get both options, just one!

Does your wife (dependent) has a different visa expiry date from yours?

regards

[hoa]

It seems that your current leave has not yet expired. In that case, you would not get the right to appeal.


regards

Visa expired, but allowed to stay to appeal, so its lawful residence , isn't it?

Yes, but only if you appeal within the stipulated time. And if the visa has expired, then you cannot re-apply. As I said, you cannot get both options, just one!

Does your wife (dependent) has a different visa expiry date from yours?

regards

We have ame expiry date.

[geriatrix]

Appeal within the stipulated time and your current leave will continue until such time that a final decision on your appeal has been reached (even though the expiry date as shown on the visa has gone by).


regards

[hoa]

Appeal within the stipulated time and your current leave will continue until such time that a final decision on your appeal has been reached (even though the expiry date as shown on the visa has gone by).


regards

Thanks sushdmehta.

Here is the last paragraph of the decision letter from Border Agency:

--------------------------------------------------------------------------------------
SECTION E: OPTION TO MAKE NEW APPLICATION

Please note that there is no administrative review available for an in-country application under Tier 4 (General) Student of the Points Based System.

If you are not entitled to statutory right of appeal, but wish us to reconsider this decision on the basis of new or additional information not included in the application that is the subject of this decision, you must submit a fresh application and include full supporting evidence (including required evidence supplied to us with any previous application) and the appropriate fee. Alternatively, if you wish to apply for leave to remain in another capacity you must do so on the appropriate application form with the appropriate fee. Further information and the relevant application forms can be obtained from out website.

In all cases an application should be made before your current leave expires.

-----------------------------------------------------------------------------------

For me the deadline for lodging an appeal is 15 June, so my current leave expires 15 June.

From Section E, my understanding is I am allowed to submit a fresh application before 15 June.

Am I correct ?

[redeyegirl]

It is strange that when direct question are ask, there is no direct answer.

[supermannum11]

Appeal within the stipulated time and your current leave will continue until such time that a final decision on your appeal has been reached (even though the expiry date as shown on the visa has gone by).


regards

Thanks sushdmehta.

Here is the last paragraph of the decision letter from Border Agency:

--------------------------------------------------------------------------------------
SECTION E: OPTION TO MAKE NEW APPLICATION

Please note that there is no administrative review available for an in-country application under Tier 4 (General) Student of the Points Based System.

If you are not entitled to statutory right of appeal, but wish us to reconsider this decision on the basis of new or additional information not included in the application that is the subject of this decision, you must submit a fresh application and include full supporting evidence (including required evidence supplied to us with any previous application) and the appropriate fee. Alternatively, if you wish to apply for leave to remain in another capacity you must do so on the appropriate application form with the appropriate fee. Further information and the relevant application forms can be obtained from out website.

In all cases an application should be made before your current leave expires.

-----------------------------------------------------------------------------------

For me the deadline for lodging an appeal is 15 June, so my current leave expires 15 June.

From Section E, my understanding is I am allowed to submit a fresh application before 15 June.

Am I correct ?

its depend on UKBA, my friend got same like that, but he got it.. but you need to find out , go to IAS
http://www.iasuk.org/home.aspx