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Applied close to expiry; now scared of possible scenarios

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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dlight
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Joined: Fri Sep 03, 2010 7:32 am
United Kingdom

Applied close to expiry; now scared of possible scenarios

Post by dlight » Fri Sep 21, 2012 4:54 pm

Hi all,

A couple of questions:
Tier 1 expiring on: 27 Sep 2012
Applied for ext on: 17 Sep 2012

1. Lets say UKBA decide my application to be 'invalid' on 25 Sep 2012 (which means I will need to reapply - not appeal) but their letter confirming the decision reach to me on 28 Sep 2012 - which means I cannot re-apply (because leave has expired) and cannot appeal because didn't get ROA. Is there a clause/rule that prevent situations like this?

2. A slightly better version of above scenario where they decide my application to be 'invalid' AFTER the leave expires which means I will probably get ROA to be lodged in 5 days. By then, one of my evidences will be need a renewal (maintenance bank statement will be out of 31 day limit) and banks usually send you statement within 5 days. So, I cannot appeal then. Is there a better way to get bank statements. (when I go to branch they always say that statement will be sent in post).

I shall appreciate your help.

Thanks

geriatrix
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Location: does it matter?
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Post by geriatrix » Fri Sep 21, 2012 4:58 pm

1. Out of time application for leave to remain under PBS is possible.
2. Invalid applications do not get right of appeal, irrespective of when such decision is made.
Life isn't fair, but you can be!

askhan
Senior Member
Posts: 554
Joined: Fri Jun 04, 2010 10:00 pm
United Kingdom

re

Post by askhan » Fri Sep 21, 2012 4:58 pm

1. why you are thinking like that ? did you send all the required docs ?? if yes then hope for the best.
Kind Regard,
A.Khan
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dlight
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Joined: Fri Sep 03, 2010 7:32 am
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Post by dlight » Fri Sep 21, 2012 5:02 pm

sushdmehta

Thanks. By 1 you mean within 28 days (as per rules starting from 1 Oct 2012), right?

askhan,

:) sorry for being pessimistic. Yes I applied with all the required documents. thanks again.

geriatrix
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Post by geriatrix » Fri Sep 21, 2012 5:13 pm

As on date, there is no limit on when an out of time application can be submitted. This changes from 01-Oct-12 from when on an out-of-time application submitted anytime after being an overstayer for 28 days will be refused.
Life isn't fair, but you can be!

gwp2012
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Confused with rule for overstay due to delays caused by UKBA

Post by gwp2012 » Tue Sep 25, 2012 3:17 am

sushdmehta wrote:As on date, there is no limit on when an out of time application can be submitted. This changes from 01-Oct-12 from when on an out-of-time application submitted anytime after being an overstayer for 28 days will be refused.
Can you please elaborate as to what you mean by 'overstayer'. E.G. my confusion is that, looking at the long delays that UKBA is taking in making a decision on validity of the application, if they send me a refusal after 28 days of expiry of my current visa, does that mean I can't appeal since the salary that I am showing was only credited to my account for past 12 months.

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