IGS TO TIER 1 REJECTED: PLEASE advise. Urgent help needed.

[nionlight]

Dear All, my room mate's tier 1 visa is rejected because of maintanace fund. in the refusal letter it says about all the procedure like, voluntary leave, or he will be removed, or he has option to appeal or re apply for another category and all these. but it doesnt say any time limit to re apply or switch to other category. Now the plan is to apply for PSW because he had 1 year IGS. now the question remains is since his IGS visa is expired now is he illegal? can he apply for PSW now? the refusal form says about switch to other category or reapply but diesn't give any time limit. so is there any rule or time limit to re-apply or apeal within certain days after HO sends back passport? Please advise, because he has no leave to reamin at this moment.

[Frontier Mole]

If refused on maintenance it will not make any difference if he applies for PSW as he will still have the same issue.
If his IGS visa has now expired then he has 28 days from that date to go home or appeal the tier 1 general refusal, whatever is the later date.

[nionlight]

If refused on maintenance it will not make any difference if he applies for PSW as he will still have the same issue.
If his IGS visa has now expired then he has 28 days from that date to go home or appeal the tier 1 general refusal, whatever is the later date.

thanks for reply. the problem for maintanance funnd was because he submited 2 months statement instead of 3. now he got 3 months statement. so he can apply for psw now.
you said he can apply for appeal for TIER 1 within 28 days. is it 28 days from visa expiry date or from the date of getting passport back from home office? if it is from visa expiry then how is it possible because he received the passport after 28 days of visa expiry. does it mean when home office refuses any visa and send back passpot then no one can apply for another visa? and only option remains to go back home?
and is it like he can only appeal or he can apply for psw as well?. please advise.

[Wanderer]

If refused on maintenance it will not make any difference if he applies for PSW as he will still have the same issue.
If his IGS visa has now expired then he has 28 days from that date to go home or appeal the tier 1 general refusal, whatever is the later date.

thanks for reply. the problem for maintanance funnd was because he submited 2 months statement instead of 3. now he got 3 months statement. so he can apply for psw now.
you said he can apply for appeal for TIER 1 within 28 days. is it 28 days from visa expiry date or from the date of getting passport back from home office? if it is from visa expiry then how is it possible because he received the passport after 28 days of visa expiry. does it mean when home office refuses any visa and send back passpot then no one can apply for another visa? and only option remains to go back home?
and is it like he can only appeal or he can apply for psw as well?. please advise.

Two options, appeal the Tier 1 refusal, which will be a waste of time because he didn't provide the correct documents as clearly listed in the Guidance Notes;

Or he can apply from home, remembering to show maintenance of £2800 over the three month period.

[nionlight]

If refused on maintenance it will not make any difference if he applies for PSW as he will still have the same issue.
If his IGS visa has now expired then he has 28 days from that date to go home or appeal the tier 1 general refusal, whatever is the later date.

thanks for reply. the problem for maintanance funnd was because he submited 2 months statement instead of 3. now he got 3 months statement. so he can apply for psw now.
you said he can apply for appeal for TIER 1 within 28 days. is it 28 days from visa expiry date or from the date of getting passport back from home office? if it is from visa expiry then how is it possible because he received the passport after 28 days of visa expiry. does it mean when home office refuses any visa and send back passpot then no one can apply for another visa? and only option remains to go back home?
and is it like he can only appeal or he can apply for psw as well?. please advise.

Two options, appeal the Tier 1 refusal, which will be a waste of time because he didn't provide the correct documents as clearly listed in the Guidance Notes;

Or he can apply from home, remembering to show maintenance of £2800 over the three month period.

thanks for reply. is there any rule that, if some one is refused in tier 1 general then he can only appeal but can not apply for psw? the first application was send before the expiry of IGS. visa got expired when passport was with home office. now there must be some time limit within when some one can either go back home or can apply for another category. i dont know if some one can confirm it please. one lsolicitotr told me there is 5 days grace period after home office sends back passport to switch to some other category or reapply to same category or appeal the refusal. if any one can advise please, it wil be great help.

[Wanderer]

They way I see it is he is out of status, with no legal right to be in the UK so cannot apply for anything in country.

Dunno what the 'solicitor' is on about, probably hoping to extract some more money...

No options really, appeal with no chance of winning or go home and reapply. Might as well face it...

[nionlight]

They way I see it is he is out of status, with no legal right to be in the UK so cannot apply for anything in country.

Dunno what the 'solicitor' is on about, probably hoping to extract some more money...

No options really, appeal with no chance of winning or go home and reapply. Might as well face it...

thanks again for reply. so you are saying, if some ones visa is expired while his passport is with home office for processing some kind of visa and it gets refused then he is out of status ? so for example if i send my application for extending my visa before 1 month of expiry and HO send it back after 2 months with refusal then i am out of status when i get my passport?

[Diokpa]

Please seek legal advice from an authorised immigration lawyer asap, that is the best way to go now. This is just a forum, nothing here constitutes legal advice IMHO. The earlier you start the better for your friend. Good luck.