TIER 1 REJECTED: Please Advise an applicant holding IGS visa

[nionlight]

Dear friends, i am in need of advise for a friend of mine. he is here with IGS visa. he applied for Tier 1 visa before his IGS visa was expired. now his tier 1 visa is rejected because of maintanace fund. he showed 2 months bank statement where the rejection letter says 3 months statement was needed. the HO advised to reapply. my question is what wil happen to his visa at this moment? his iGS visa is expired and he is here without any visa? so what is the solution? he can reapply thats not problem but will there be any problem because he doesn't hold any valid visa at this moment? please advise.

[geriatrix]

He cannot make a fresh application for Tier 1 from within UK - given the fact that his current leave has expired (i.e.- an overstayer in UK). He must return to home country at the earliest and apply for Tier 1 from there.

regards

[nionlight]

thanks for reply. but the letter that was given by HO says if he wants to reapply he can, or switch to other category he can do so or if he wants to appeal against the decision also he can do so. but it doesnt say about any time limit within which he needs to make application.
he can easily apply for PSW since he was given 1 year igs before so he can get 1 more year as the new rule. but the question remains, if he is illegal now or what is the timie limit for sending new appplication? please advise.

[geriatrix]

With no current leave to remain in UK, he has no legal right to be in UK and hence he cannot make a fresh application from within UK. He could have applied again while his current leave was valid .. but not anymore.

Also, if he is in breach of immigration laws (e.g. - continuing to stay in UK without valid leave), this may affect any future EC applications. Unless he wants to continue to live in this country illegally, it will be better for him to return to his home country without further delay.

As appeal (if allowed) has to be made within the stipulated time - usually mentioned in the refusal letter from UKBA.


regards

[nionlight]

thanks again for reply. as you are saying without current leave to remain there is no way to apply for another category or reply for same category. some one can apply for visa renewal or make application not earlier then 1 month of their current leave expirs. in this case how is it possible for some one to switch to different category if visa is refused? for example lets say,some one has HSMP that expires on 5th may. now he can apply for extand it no earlier then 4th april ( in general). so now, after applying say his visa is refused and he got his documnet back on JUNE. now in this case he has no leave to remain. so you are saying he can not apply for another category such as work permit or reapply now? how can it be possible? i think there is some time lmit after HO sends back paper to make new application.
can any other senior member please confrm? ADVISE needed urgently. please help.

[geriatrix]

Tier 1 (General), Tier 1 (PSW), Tier 2 General (work permits)

If you are already in the United Kingdom, you should apply to stay as soon as possible and before your current leave runs out. We encourage you to apply one month before your leave runs out.

Feel free to wait for others to confirm / comment / advice further / provide more information.

regards