Application refused on false grounds

[atariq5]

Hello guys

I would really appreciate some urgent advice regarding my case. I applied for Tier 1 Ent 50K catagory, my timeline is as follows;

Initial Application submission: 25/03/2015
Date of refusal: 11/05/2015
Admin review submitted: 22/05/2015
Response from HO (Unsuccessful): 29/05/2015
fresh application: 29/06/2015

Home office refused my application saying that it was out of time. . Even though I submitted my fresh application within 28 days of receiving decision for AR(29/05/2015). HO said my last application was refused on 11/05/2015 and admin review allowed but it does not extend my leave, but immigration rules clearly say that leave is extended until a decision is made on admin review.

Seniors please help me out. I have right for admin review and also I am submitting JR for my previous application.

[vinny]

I think you are quite right.

An AR does extend leave under Section 3C (as amended).

However, as your second application was out-of-time, you won't be entitled to a second AR.

[atariq5]

I think you are quite right.

An AR does extend leave under Section 3C (as amended).

However, as your second application was out-of-time, you won't be entitled to a second AR.

Thanks for your reply Vinny. I am submitting AR myself, and any guidance to cover the grounds would really help pal.
I can send you my decision if you have some time please.

Regards

[msardar]

Dear
Can you please explain your decision was made on 29/05/2015 of Ar and u recieved later on and You applied for again with fresh application on 29/06/2015, did u went for bio metric and have they taken out fees as well or they reject before consideration thanks

[atariq5]

Dear
Can you please explain your decision was made on 29/05/2015 of Ar and u recieved later on and You applied for again with fresh application on 29/06/2015, did u went for bio metric and have they taken out fees as well or they reject before consideration thanks

Thanks for your reply

They sent me biometrics letter after about a week and I received refusal two weeks after submitting biometrics. What do you a
suggest?

Thanks

[msardar]

Dear
The only problem is they count 28 days from the date of Ar review decison not the date of recieving the AR review decision so your 28 days were suppose to end on 27/06/2015 Bcz u submitted on 29/06/2015 which is defintely more than 28 days and your leaves expired 3c more than 28 days and you can not then make fresh application as far i see it

[atariq5]

Dear
The only problem is they count 28 days from the date of Ar review decison not the date of recieving the AR review decision so your 28 days were suppose to end on 27/06/2015 Bcz u submitted on 29/06/2015 which is defintely more than 28 days and your leaves expired 3c more than 28 days and you can not then make fresh application as far i see it

Thanks for reply. I am not going to make fresh application, only an AR. I believe overstating period starts from the date I recieved AR refusal on 29/05/2015 and my application on 29/06/2015 was made in time. Do you think I have a chance in AR?

[Entrepreneur9]

I would advice you to contact a immigration lawyer asap as they may help you with your case.

[msardar]

Dear
Well i meant that you should not have applied for 2nd fresh application so Late well if they have given you Chance to submit adminstrative review then you should do it but they will not change the decision but u should try .regarding judicial review you know its last resort so then u should just do the judicial review but keep in mind they will put you signs plus your status will be not legal in this country and you cant work anywhere

[geriatrix]

Do remember that you have been an overstayer in the UK from the day after you received decision of Administrative Review in May 2015.
Also, submitting an application within 28 days of "overstaying" doesn't make your illegal stay legal.