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Yeah, everything you stated is OK. You can do just that if you're planning on leaving the UK. All the best in your future endeavours.juno3 wrote:Actually I have a job opportunity in India and hence was planning to go back for good anyways. I applied for an extension only because I was not going to be able to complete my winding up before the visa expired. I have consulted a solicitor today who said that I can apply for an appeal next week. And after 7 days I will get a confirmation letter from the HO that they have recieved my appeal application. After that I can go back to India after giving a appeal withdrawal letter to the solicitor. So at the airport immigration i have to show my passport and appeal letter and noone can question me. This way I have a legal right to remain till my appeal case is with the HO. The reason why I dont want to appeal is that I am not planning to return to the UK and dont want to waste another £500 odd pounds on an appeal. Plus the solicitor said that if I wanted I could make a fresh application from India as well. If I have got any of the facts right please let me know.
koolbone wrote:juno3 wrote:Actually I have a job opportunity in India and hence was planning to go back for good anyways. I applied for an extension only because I was not going to be able to complete my winding up before the visa expired. I have consulted a solicitor today who said that I can apply for an appeal next week. And after 7 days I will get a confirmation letter from the HO that they have recieved my appeal application. After that I can go back to India after giving a appeal withdrawal letter to the solicitor. So at the airport immigration i have to show my passport and appeal letter and noone can question me. This way I have a legal right to remain till my appeal case is with the HO. The reason why I dont want to appeal is that I am not planning to return to the UK and dont want to waste another £500 odd pounds on an appeal. Plus the solicitor said that if I wanted I could make a fresh application from India as well. If I have got any of the facts right please let me know.
Thank you so much for all your help. I really appreciate it. Feeling a lot calmer than morning
Yeah, everything you stated is OK. You can do just that if you're planning on leaving the UK. All the best in your future endeavours.
bananafish wrote:Hello,
I have the exact same situation. Well...almost.
My student visa was due to expire on the 31st of January. I sent my application on the 31st of January as well.
The thing with me was that I had minimum £800 in my account from the 4th of November. Before that I was short by £300-£400. But since the 4th of November I have held much more funds that the required £800.
The bank statements I sent were till the 30th Jan. I sent a covering letter with my application stating that I would send additional continuing statements which would follow my application shortly i.e at least after the 4th of Febuary so that the 3 month time limit would be met.
However, when I got the letter confirming reciept of my application it clearly stated that I should not send additional documents until requested by the case-worker.
So then I wrote another letter asking them if I can send my additional bank statements which could be considered with my application. They called me and gave me a case reference number and told me to go ahead and send them the additional statements.
However, HSBC delayed sending my bank statements by 3 weeks! By the time I sent the statements it was too late!
So I got my refusal yesterday. Along with a separate letter containing the bank statements I had sent later on saying that they were returning my statements and that they were unfortunately recieved after a decision had been made regarding my visa.
So now. I understand that I have no legal grounds as such to appeal. I can only appeal on the basis that they should have exercised discretion differently. Am I correct? I definitely can't afford a solicitor...and I don't think I need one since this is not really a legal matter. I suppose this will be entirely up to the judge or whoever decides the case. If they are sympathetic to me then I guess they can exercise discretion. I have a clear record i.e no convictions, no previous over-staying etc. I did my undergraduate degree from the UK and just finished my Masters with a distinction.
Could anyone tell me if there are any grounds for appeal? Should I pursue it?
What I should exactly write in the appeal form? Also what I can say at the appeal hearing?
I would appreciate any advice!
Thanks.
Hello,sasikaran wrote:bananafish wrote:Hello,
I have the exact same situation. Well...almost.
My student visa was due to expire on the 31st of January. I sent my application on the 31st of January as well.
The thing with me was that I had minimum £800 in my account from the 4th of November. Before that I was short by £300-£400. But since the 4th of November I have held much more funds that the required £800.
The bank statements I sent were till the 30th Jan. I sent a covering letter with my application stating that I would send additional continuing statements which would follow my application shortly i.e at least after the 4th of Febuary so that the 3 month time limit would be met.
However, when I got the letter confirming reciept of my application it clearly stated that I should not send additional documents until requested by the case-worker.
So then I wrote another letter asking them if I can send my additional bank statements which could be considered with my application. They called me and gave me a case reference number and told me to go ahead and send them the additional statements.
However, HSBC delayed sending my bank statements by 3 weeks! By the time I sent the statements it was too late!
So I got my refusal yesterday. Along with a separate letter containing the bank statements I had sent later on saying that they were returning my statements and that they were unfortunately recieved after a decision had been made regarding my visa.
So now. I understand that I have no legal grounds as such to appeal. I can only appeal on the basis that they should have exercised discretion differently. Am I correct? I definitely can't afford a solicitor...and I don't think I need one since this is not really a legal matter. I suppose this will be entirely up to the judge or whoever decides the case. If they are sympathetic to me then I guess they can exercise discretion. I have a clear record i.e no convictions, no previous over-staying etc. I did my undergraduate degree from the UK and just finished my Masters with a distinction.
Could anyone tell me if there are any grounds for appeal? Should I pursue it?
What I should exactly write in the appeal form? Also what I can say at the appeal hearing?
I would appreciate any advice!
Thanks.
Hello,
I have read that we can vary the grounds of existing application before it is decided. That's what you have done. Unfortunately they say they have made the decison before that. However they received your statements.
In the same section of the rule it says, if the new grounds(new statements in your case) is after decison, it can be considered in appeal.
That's what i understood. Have a look at
http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/
paragraph 3.2. Applications lodged during leave under sections 3C and 3D
what address did you send your bank statements? is it the original address as where the PSW application sent?
The case reference you received through phone, is it difference from the reference you had in your acknowledgement letter?
Did you mean to ask me instead of Juno?igiosan wrote:hello Juno,
I will like to ask what number you called for the home office when they gave you another reference number and please can you give the full address of the office in sheffield where you sent your other documents to? I am in the same situation as you and I need to forward some other documents to them.
Thank you
If someone help me…………..Thank you in advancekoolbone wrote:If you decide to leave the UK, you have to do that within 28 days of the refusal. If you leave within 28 days, you will not be considered as having overstayed.
On the contrary, if you decide to appeal, you must do that before the appeal deadline. If you appeal on time, your leave is extended pending when the appeal is being decided. However, this leave will lapse if you decide to leave the UK before your appeal is heard.
Why don't you want to appeal? You have nothing to lose by appealing and it affords you a chance to overturn the refusal whilst being legal in the UK.
Anyways, if you want to leave, make sure you do that within 28 days of the refusal.
All the best
Yes u actually do have a strong case. And there is a good chance u can pull this off urself since u have the required funds for the specified period mentioned in the guidance and that satisfies the maintainance funds requirement for this categorybananafish wrote:sasikaran wrote:bananafish wrote: Anyhow. So do you think I have a chance of the appeal being successful? Especially since I have to probably represent myself and not get a solicitor since I can't afford it.