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Invalid Application

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

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hham1224
Member
Posts: 146
Joined: Sun Apr 17, 2011 4:56 pm

Invalid Application

Post by hham1224 » Wed Dec 12, 2012 11:03 pm

Dear All,

Just want to ask if the application is invalid for some reason and UKBA returns the docs after the expiry of the exiting leave, what are the consequences?

Does this means, break in the 10 year and in country application is not possible?

tuliprose
Member of Standing
Posts: 350
Joined: Wed Jan 07, 2009 9:23 pm
Location: Greater London

Re: Invalid Application

Post by tuliprose » Thu Dec 13, 2012 8:40 pm

hham1224 wrote:Dear All,

Just want to ask if the application is invalid for some reason and UKBA returns the docs after the expiry of the exiting leave, what are the consequences?

Does this means, break in the 10 year and in country application is not possible?

In case of invalid application with visa expired: You should resend your application as soon as possible. You should not delay more than 28 days as maximum allowed overstay period is 28 days.

This 28 days period will start from the date of invalidity letter.

Please see below:

"Changes to applications from overstayers: Applications for further leave to remain under the Points Based System decided on or after 1 October 2012 will fall for refusal if you have overstayed for more than 28 days, 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 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."

hham1224
Member
Posts: 146
Joined: Sun Apr 17, 2011 4:56 pm

Re: Invalid Application

Post by hham1224 » Fri Dec 14, 2012 6:57 am

tuliprose wrote:
hham1224 wrote:Dear All,

Just want to ask if the application is invalid for some reason and UKBA returns the docs after the expiry of the exiting leave, what are the consequences?

Does this means, break in the 10 year and in country application is not possible?

In case of invalid application with visa expired: You should resend your application as soon as possible. You should not delay more than 28 days as maximum allowed overstay period is 28 days.

This 28 days period will start from the date of invalidity letter.

Please see below:

"Changes to applications from overstayers: Applications for further leave to remain under the Points Based System decided on or after 1 October 2012 will fall for refusal if you have overstayed for more than 28 days, 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:t

* 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."
Does this means break in 10 years if one apply within 28 days.

tuliprose
Member of Standing
Posts: 350
Joined: Wed Jan 07, 2009 9:23 pm
Location: Greater London

Re: Invalid Application

Post by tuliprose » Fri Dec 14, 2012 10:00 am

hham1224 wrote:
tuliprose wrote:
hham1224 wrote:Dear All,

Just want to ask if the application is invalid for some reason and UKBA returns the docs after the expiry of the exiting leave, what are the consequences?

Does this means, break in the 10 year and in country application is not possible?

In case of invalid application with visa expired: You should resend your application as soon as possible. You should not delay more than 28 days as maximum allowed overstay period is 28 days.

This 28 days period will start from the date of invalidity letter.

Please see below:

"Changes to applications from overstayers: Applications for further leave to remain under the Points Based System decided on or after 1 October 2012 will fall for refusal if you have overstayed for more than 28 days, 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:t

* 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."
Does this means break in 10 years if one apply within 28 days.
Normally it does not. But it all depends your overall immigration history. As per guidance, less than 10 days overstay is allowed. And above all, it all depends on case worker.

smehmood
BANNED
Posts: 318
Joined: Wed Aug 01, 2012 11:30 pm
Location: Uk
Contact:

Re: Invalid Application

Post by smehmood » Fri Dec 21, 2012 2:14 pm

tuliprose wrote:
hham1224 wrote:Dear All,

Just want to ask if the application is invalid for some reason and UKBA returns the docs after the expiry of the exiting leave, what are the consequences?

Does this means, break in the 10 year and in country application is not possible?

In case of invalid application with visa expired: You should resend your application as soon as possible. You should not delay more than 28 days as maximum allowed overstay period is 28 days.

This 28 days period will start from the date of invalidity letter.

Please see below:

"Changes to applications from overstayers: Applications for further leave to remain under the Points Based System decided on or after 1 October 2012 will fall for refusal if you have overstayed for more than 28 days, 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 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."

hi

Agree

Regards
Shaukat

aosun007
Member
Posts: 118
Joined: Wed Mar 10, 2010 8:40 pm

Post by aosun007 » Sun Dec 23, 2012 8:37 am

hi there,
I have a cousin whose post study visa will run out on 10/01/2013 and she is planning to switch to tier 1 enterpreneur.she has gotten other relevant supporting documents but her maintenance fund will complete 90 days on 17/01/ 2013.i want to confirm if she is eligible to apply for tier 1(enterpreneur) after her visa expires.
what is the best option or advice.
Regards

hham1224
Member
Posts: 146
Joined: Sun Apr 17, 2011 4:56 pm

Post by hham1224 » Sun Dec 23, 2012 5:12 pm

aosun007 wrote:hi there,
I have a cousin whose post study visa will run out on 10/01/2013 and she is planning to switch to tier 1 enterpreneur.she has gotten other relevant supporting documents but her maintenance fund will complete 90 days on 17/01/ 2013.i want to confirm if she is eligible to apply for tier 1(enterpreneur) after her visa expires.
what is the best option or advice.
Regards
No, you cant apply for the tier 1 Entp as you dont meet the Maintainence funds requirement on the date of application (Assuming date of expiry will be the date of Application) or if you apply your cousin's visa will be refused.

If she apply on 17 Jan 2013 than she will be overstayed and would trigger other immigration rules i.e. immigration history, general grounds of refusal etc.

If you have maintained £900 funds for consecutive 90 days other than the bank in question, than you can use those funds also.

I hope this may help. I dont suggest you to be overstayed as this will have negative impact on your immigration history

Best Wishes

smehmood
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Posts: 318
Joined: Wed Aug 01, 2012 11:30 pm
Location: Uk
Contact:

Post by smehmood » Sun Dec 23, 2012 9:14 pm

aosun007 wrote:hi there,
I have a cousin whose post study visa will run out on 10/01/2013 and she is planning to switch to tier 1 enterpreneur.she has gotten other relevant supporting documents but her maintenance fund will complete 90 days on 17/01/ 2013.i want to confirm if she is eligible to apply for tier 1(enterpreneur) after her visa expires.
what is the best option or advice.
Regards
Hi

I can suggest 2 options.

1. If her 90 days are going to be completed on 17/01/2012 then it means she had maintained from 16/10/2012 Aprox. which should be started at 09/10/2012.
Check with your cousin if she two or more than two accounts and balance of all these accounts can be made up to required amount (from 09/10/12 TO 17/10/2012.
Hope you understand my point.

2. She can joint her account with someone who has required amount from last 90 days.

Regards
Shaukat

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