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Questions regarding Admin Review

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

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

robertholdon
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Posts: 74
Joined: Sat Aug 25, 2012 6:29 pm

Re: Questions regarding Admin Review

Post by robertholdon » Tue Nov 15, 2016 11:00 am

Hi.

I think 28 days does not apply anymore after this 24th November? It's based on new rule for overstayer. It's reduced to 14 days but it's up to HO to decide.

Thanks

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zimba
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Re: Questions regarding Admin Review

Post by zimba » Tue Nov 15, 2016 12:37 pm

Just to conclude my queries, you too think that my best option is to resubmit a fresh application ASAP (to include the missing document) rather than go for a pointless AR, right?
Yes, that will be my suggestion
And if the decision comes back (hopefully positive one) after say 30 days or more will it affect ILR application in the future?
No, I explained this above
robertholdon wrote:I think 28 days does not apply anymore after this 24th November? It's based on new rule for overstayer. It's reduced to 14 days but it's up to HO to decide.
Yes, it will be reduced to 14 days only. See: http://www.immigrationboards.com/uk-tie ... 19351.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

hamalt66
Member of Standing
Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 6:57 am

Hi Guys, I have submitted my new fresh application (to include a missing document) within the 14 days window they gave me to apply for AR. I mentioned in my covering letter that Home Office advised me to submit a fresh application after calling UKVI helpline (Tel: 03001232241) instead of going for AD, will this be enough or should one contact AR department to let them know I am not applying for an Administrative Review?

awan905
Member of Standing
Posts: 274
Joined: Sat Sep 17, 2016 8:48 am

Re: Questions regarding Admin Review

Post by awan905 » Sun Nov 20, 2016 12:58 pm

hamalt66 wrote:Hi Guys, I have submitted my new fresh application (to include a missing document) within the 14 days window they gave me to apply for AR. I mentioned in my covering letter that Home Office advised me to submit a fresh application after calling UKVI helpline (Tel: 03001232241) instead of going for AD, will this be enough or should one contact AR department to let them know I am not applying for an Administrative Review?
Once you will submit the new application the AR will automatically withdrawn, you dont have to inform HO for this.

hamalt66
Member of Standing
Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 1:10 pm

awan905 wrote:
hamalt66 wrote:Hi Guys, I have submitted my new fresh application (to include a missing document) within the 14 days window they gave me to apply for AR. I mentioned in my covering letter that Home Office advised me to submit a fresh application after calling UKVI helpline (Tel: 03001232241) instead of going for AD, will this be enough or should one contact AR department to let them know I am not applying for an Administrative Review?
Once you will submit the new application the AR will automatically withdrawn, you dont have to inform HO for this.
What's my visa status now? Will a new 3C start while they consider my application or am I now an overstayer?

robertholdon
Junior Member
Posts: 74
Joined: Sat Aug 25, 2012 6:29 pm

Re: Questions regarding Admin Review

Post by robertholdon » Sun Nov 20, 2016 1:15 pm

What's my visa status now? Will a new 3C start while they consider my application or am I now an overstayer?
You are overstayer.

hamalt66
Member of Standing
Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 1:23 pm

robertholdon wrote:
What's my visa status now? Will a new 3C start while they consider my application or am I now an overstayer?
You are overstayer.
So how this works now, what if a decision takes more than 28 days, what happens then?

hamalt66
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Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 1:59 pm

zimba88 wrote:No, you won't. Just apply as soon as you can. You get 28 days after the 14 days to apply.
You will become an overstayer anyway !
Hi Zimba, can you please post a link for the rules regarding these procedures (i.e what to do after refusals, AR, fresh applications etc) just have a good read and know where one stands, thanks in advance.

awan905
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Posts: 274
Joined: Sat Sep 17, 2016 8:48 am

Re: Questions regarding Admin Review

Post by awan905 » Sun Nov 20, 2016 7:09 pm

If you have submitted the first application before the expiry date then you are covered by 3C, your stay is legal. Please submit the new application or go for admin review in given time.

hamalt66
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Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 7:16 pm

awan905 wrote:If you have submitted the first application before the expiry date then you are covered by 3C, your stay is legal. Please submit the new application or go for admin review in given time.
Yes I submitted the very first extension application 25 days before my visa expiry date, but after 7 month I got letter of refusal because a document was missing. The refusal letter mentioned I can go for AR, but decided to submit a fresh application (before end of the 14 days they gave me for AR) to include the missing document.

Ams2013
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Posts: 64
Joined: Thu May 05, 2016 11:58 pm

Re: Questions regarding Admin Review

Post by Ams2013 » Sun Nov 20, 2016 10:07 pm

hamalt66 wrote:
awan905 wrote:If you have submitted the first application before the expiry date then you are covered by 3C, your stay is legal. Please submit the new application or go for admin review in given time.
Yes I submitted the very first extension application 25 days before my visa expiry date, but after 7 month I got letter of refusal because a document was missing. The refusal letter mentioned I can go for AR, but decided to submit a fresh application (before end of the 14 days they gave me for AR) to include the missing document.

Hi hamalt,

Sorry to know about your first refusal , but you haven't shared the reason as what document was missing in your initial application ?

It is also strange they refused your application for missing document after the interview which they could have done without interview !

Best wishes for your fresh application.

hamalt66
Member of Standing
Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 10:16 pm

Ams2013 wrote:
hamalt66 wrote:
awan905 wrote:If you have submitted the first application before the expiry date then you are covered by 3C, your stay is legal. Please submit the new application or go for admin review in given time.
Yes I submitted the very first extension application 25 days before my visa expiry date, but after 7 month I got letter of refusal because a document was missing. The refusal letter mentioned I can go for AR, but decided to submit a fresh application (before end of the 14 days they gave me for AR) to include the missing document.

Hi hamalt,

Sorry to know about your first refusal , but you haven't shared the reason as what document was missing in your initial application ?

It is also strange they refused your application for missing document after the interview which they could have done without interview !

Best wishes for your fresh application.
The refusal letter mentioned that the Payslips were missing, although I thought I submitted them and although the list of submit documents clearly says I have submitted them but I'm not 100% sure as it's been 7 months since I first applied. So either they've lost them or I missed sending them. I wish they contacted me and asked for the missing document rather than just refuse the application. But anyways I called home office twice after receiving the refusal letter and I was advised to resubmit a fresh one. Hope it goes well this time.

awan905
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Posts: 274
Joined: Sat Sep 17, 2016 8:48 am

Re: Questions regarding Admin Review

Post by awan905 » Sun Nov 20, 2016 10:24 pm

it is always better to keep scanned copies or photocopies of the documents which you submit to HO, because if HO misses the document then you can say and can provide that. Here they rejected due to main documents which are missing, Please submit the new application and make sure to keep a copy, as a record.

hamalt66
Member of Standing
Posts: 332
Joined: Wed Apr 27, 2016 7:57 pm

Re: Questions regarding Admin Review

Post by hamalt66 » Sun Nov 20, 2016 10:29 pm

awan905 wrote:it is always better to keep scanned copies or photocopies of the documents which you submit to HO, because if HO misses the document then you can say and can provide that. Here they rejected due to main documents which are missing, Please submit the new application and make sure to keep a copy, as a record.
How can a scanned document be considered an evidence of submission. It will always be your word against their's!!! In my honest opinion, the whole process is unfair I guess. I mean they can easily check HMRC for PAYE, Companies House for your company's records etc.

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