Visa Refusal and Options-No appeals

[helpingperson]

Hello All,

Due to new HO rules, no appeal any more, what are options in case of refusal?

I understand you can re-apply within 28 days, how many times can do this?

Any thoughts/experiences on this please.

[moongesture]

If refused an admin review is allowed and in case of new application (after refusal) if previous leave expired applicant is not covered by section 3c which means after 28 days the application will fall under mandatory refusal. JR not come under immigration rule and can be exercise against any public authority.

[helpingperson]

If leave expired when you get refusal, you apply for Admin Review which is refusal as well, then do you still have 28 days to make new application?

If yes, what is legal status when you waiting?

[zimba]

If you make an in-time application (apply before your visa expires) and you get rejected AFTER your visa expired, you get 14 days to apply for AR. You then apply for AR and wait for the results.
During all that time your stay is extended under section 3C rule until the AR is concluded. If you get rejected AR results, you become an over stayer.

THERE IS NO 28 days MAGIC RULE, HO simply accepts an application from you within the 28 days of you becoming an over stayer. Any time later than 28 days, your application will be automatically refused.
If you apply for a fresh application within 28 days of AR rejection, you are still considered an over stayer and remain as such while they process your application.

According to the rules your status is over stayer:

Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended.Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.
As the applicant has no leave during the period their application is pending they have no permission to work in the UK

[helpingperson]

Thank you for this Zimba.

It is quite good that despite AR refusal, you have 28 days to apply for fresh application and they will consider your fresh application even though you have become over stayer.

What if your fresh application is successful, will your previous period as over stayer be considered as legal and not over stay?

Please could you advise reference where you got this guidance extract from about overstay?

[zimba]

What if your fresh application is successful, will your previous period as over stayer be considered as legal and not over stay?

For ILR it seems to be disregarded. From HO ILR continuous period calculation case worker guide:

For ILR you must disregard any period spent in the consideration of applications for leave to remain where the application was made no more than 28 days after the expiry of leave.

see page 28 : https://www.gov.uk/government/uploads/s ... _clean.pdf

Please could you advise reference where you got this guidance extract from about overstay?

See page 9: https://www.gov.uk/government/uploads/s ... _clean.pdf