Hello everyone,
Just wanted to share my experience, I applied for my Tier 1 (General) in July of this year (previously on HSMP) and I was rejected due to shortage in Maintenance funds. Visa expired in August 2009.
I approached a lawyer (Allyster Kelly Solicitors), who Appealed on my behalf. In the Due course of the Appeal they also wrote to Home Office to reconsider my application as I had a strong case (according to them). Home office agreed but asked to withdraw the Appeal or wait till it was outcomed.
My solicitor ill-advised me on the Home Office communication, and led me to believe that by withdrawing the Appeal and requesting HO to reconsider the application will result in a favourable answer from HO.
On withdrawing the Appeal Home Office rejected the application once again and mentioned that their previous decision was correct.
I dumped my solicitor (Allyster Kelly Solicitors), and approached Immigration Advisory Service UK (IAS UK) who advised me that I am able to submit a fresh new application (under the 28 day concession) even though my application would be out of time i.e. my Visa expired in August 2009. I fall under the 28 day concession as HO refused my reconsideration on 29th September 2009 therefore it is still under lawful stay, hence I put in a fresh new application within 28 days time period was over.
Apparently there is a Concession made in a parliamentary debate which allows a person to submit an out of time application within 28 days of refusal and Home Office has to consider this as a fresh new application. For more information please read Columns 97-98 ( i read the whole thing to understand it) & please visit the below site for more information on the Parliamentary debate read
http://www.publications.parliament.uk/p ... 7-0014.htm
Submitted Fresh application on 19th Oct 2009, On 9th Nov 2009 Granted extension under Tier 1 (General) until 2012.
Timeline:
Applied for extension of leave to remain under Tier 1 (General) : 1st July 2009
Application rejected on 6th Aug 2009
Appealed on 14th Aug 2009
Appeal withdrawn on 27th Sept 2009
Home Office Reconsideration Rejected on 29th Sept 2009
Submitted fresh application 19th Oct 2009
Extension Granted under Tier 1 (General) 9th Nov 2009
regards,
Keramos
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