Appeal rejected??

[potterbond007]

After your appeal has been rejected within how many days should you leave the UK? I believe that it is 28 days since the Home Office told me so.. But, is there any written evidence for this fact anywhere on the home office site.. Please reply soon since i am planning to keep that document for my 2nd (out of country) application to say that i left the country legally...

Thanks in advance.....

[potterbond007]

After your appeal has been rejected within how many days should you leave the UK? I believe that it is 28 days since the Home Office told me so.. But, is there any written evidence for this fact anywhere on the home office site.. Please reply soon since i am planning to keep that document for my 2nd (out of country) application to say that i left the country legally...

Thanks in advance.....

Ok.. i guess nobody know this one.. I have another question on the same topic then.. Even if nobody has a link to anything which suggests that u have to leave the UK within 28 days of a failed application/ an appeal, is it understood that u have to leave the country within 28 days?

For eg: My appeal was dismissed on the 6th of August 2009. There was no information on the appeal dismissal form about leaving the country other than giving me directions about how to go for a review of the appeal. Since I didn't want to go for a review again, I called the home office and they told me to leave the country within 28 days but presented no proof for the same.. I left the country within 28 days (i.e 31st of August) but during my 2nd application I have no proof to say that the home office gave me a 28 day period to leave the country. I have kept my appeal dismissal forms and mentioned in my covering letter that the home office asked me to leave the country within 28 days but I am still worried..

Is it an understood fact that u have 28 days to leave the country after a failed application by the home office?

Thanks in advance..

[fshhddn]

The date on you air ticket when you left the country is the proof that you left the UK within that 28 days. You can use that as your evicence. tq.

[potterbond007]

The date on you air ticket when you left the country is the proof that you left the UK within that 28 days. You can use that as your evicence. tq.

I haven't kept my air ticket with the application.. But even that isn't necessary since the date of re-entry into the country is stamped onto the passport.. But is the time period 28 days?

[geriatrix]

Yes, it is 28 (calendar) days. Without doubt!!


regards

[potterbond007]

Yes, it is 28 (calendar) days. Without doubt!!


regards

any proof for the said fact?

[geriatrix]

Are you trying to find out if this "28 day period" is the law or simply that it exists (irrespective of whether it is the law or an allowance offered by discretion)?

If you're looking to find out if it exists, then the quickest way for you to get "proof" is write to UKBA enquiring how much time you are allowed to be in UK before leaving voluntarily, subsequent to:
a) FLR application refusal, and
b) an appeal dismissal.

..... Unless you want to read (and comprehend) the Asylum and Immgration Act 1971 (including amendments) to figure out whether it is indeed a legal provision or not!


regards

[potterbond007]

Are you trying to find out if this "28 day period" is the law or simply that it exists (irrespective of whether it is the law or an allowance offered by discretion)?

If you're looking to find out if it exists, then the quickest way for you to get "proof" is write to UKBA enquiring how much time you are allowed to be in UK before leaving voluntarily, subsequent to:
a) FLR application refusal, and
b) an appeal dismissal.

..... Unless you want to read (and comprehend) the Asylum and Immgration Act 1971 (including amendments) to figure out whether it is indeed a legal provision or not!


regards

I dont think I can figure out much from reading the Immigration Act so i guess writing to the home office would be an easier option..

[geriatrix]

Yes, it is 28 (calendar) days. Without doubt!!


regards

Clarification: within 28 calendar days of the service of decision of a FLR refusal by home office.

regards

[potterbond007]

Yes, it is 28 (calendar) days. Without doubt!!


regards

Clarification: within 28 calendar days of the service of decision of a FLR refusal by home office.

regards

I guess it works the same way in appeals.... Anyways i have send in my second application ( out of country this time).. takes 15 days to process out here ( max).. will let u know if it is successfull..

[geriatrix]

I guess it works the same way in appeals..

Might not be!

Appeals can be filed within 28 days of service of decision (5 days when in detention, 10 days otherwise, 28 days when appeal can be made only when applicant has left UK), hence "continuation of leave" when an applicant is given the right of appeal may extend to max. 28 days! AFAIK, if an appeal is filed, "continuation of leave" extends only until the appeal decision. Else, it expires after 28 days of service of decision by HO.

Therefore, any allowance to stay in UK beyond an appeal dismissal might be a discretion by UKBA for the applicant to leave UK voluntarily!

regards

[potterbond007]

I guess it works the same way in appeals..

Might not be!

Appeals can be filed within 28 days of service of decision (5 days when in detention, 10 days otherwise, 28 days when appeal can be made only when applicant has left UK), hence "continuation of leave" when an applicant is given the tight of appeal may extend to max. 28 days! AFAIK, if an appeal is filed, "continuation of leave" extends only until the appeal decision. Else, it expires after 28 days of service of decision by HO.

Therefore, any allowance to stay in UK beyond an appeal dismissalmight be a discretion by UKBA for the applicant to leave UK voluntarily!

regards

Great.. Now I am tensed again.. Anyways, I left the country voluntarily and within 28 days.. left hope that would suffice..

[fari009]

Listen Mate!!!!
dont get worried i was in same situation like u i left the country after my application was refused ma visa was until 31st of jan 2009.... i appealed and got refused on appeal left the country on 4th of june....afer 15 days of refusal letter from AIT so i have got my visa now and dont worry they are not that dumb if u have submitted ur appeal docs with ur application then u r totally fine u will get ur visa ofcoruse if u full fill other conditions...
hope it helps

[slightee]

My Appeal was rejected today. I intend to leave the country within 28 days. Any idea on how to contact the home office and ask them to return the passport?

Regards.

[potterbond007]

My Appeal was rejected today. I intend to leave the country within 28 days. Any idea on how to contact the home office and ask them to return the passport?

Regards.

Wait, didn't the home office send back your passport along with your visa refusal letter????

[potterbond007]

Listen Mate!!!!
dont get worried i was in same situation like u i left the country after my application was refused ma visa was until 31st of jan 2009.... i appealed and got refused on appeal left the country on 4th of june....afer 15 days of refusal letter from AIT so i have got my visa now and dont worry they are not that dumb if u have submitted ur appeal docs with ur application then u r totally fine u will get ur visa ofcoruse if u full fill other conditions...
hope it helps

well.. thanks.. but they did refuse me based on just about the same reasons i was worried about... terming me as over stayer.. further details... check thread.. http://www.immigrationboards.com/viewtopic.php?t=52220

[joxiri]

Listen Mate!!!!
dont get worried i was in same situation like u i left the country after my application was refused ma visa was until 31st of jan 2009.... i appealed and got refused on appeal left the country on 4th of june....afer 15 days of refusal letter from AIT so i have got my visa now and dont worry they are not that dumb if u have submitted ur appeal docs with ur application then u r totally fine u will get ur visa ofcoruse if u full fill other conditions...
hope it helps

please can you tell us the documents you presented when you made the new application in your country
and also if the funds are in my account in my country and I am not in the country at the time does that count against me or i should just wait till i return before putting the maintenance funds in the account
and finally is it actually possible to use a uk bank account with funds of 2800 to apply in my country

[arsenal49]

Listen Mate!!!!
dont get worried i was in same situation like u i left the country after my application was refused ma visa was until 31st of jan 2009.... i appealed and got refused on appeal left the country on 4th of june....afer 15 days of refusal letter from AIT so i have got my visa now and dont worry they are not that dumb if u have submitted ur appeal docs with ur application then u r totally fine u will get ur visa ofcoruse if u full fill other conditions...
hope it helps

please can you tell us the documents you presented when you made the new application in your country
and also if the funds are in my account in my country and I am not in the country at the time does that count against me or i should just wait till i return before putting the maintenance funds in the account
and finally is it actually possible to use a uk bank account with funds of 2800 to apply in my country

Just my 2 cents.... The very important and popular question from HO/judge, during appeal is, WHY an applicant would not have maintenance amount available for him to use in UK account (as oppose to overses account) when he will be living in uk for next 2 years.

Although it doesnt say anywhere that overseas amount cant be used to show you have enough maintenance funds BUT HO needs to be convinced that applicant has access to funds whenever he may require. That is one reason why they say that it has to be cash and not some other financial instruments like bonds etc.

Try to have a good-enough reasoning when you go to appeal court becuase this will be one question that will be raised.

good day

[potterbond007]

Listen Mate!!!!
dont get worried i was in same situation like u i left the country after my application was refused ma visa was until 31st of jan 2009.... i appealed and got refused on appeal left the country on 4th of june....afer 15 days of refusal letter from AIT so i have got my visa now and dont worry they are not that dumb if u have submitted ur appeal docs with ur application then u r totally fine u will get ur visa ofcoruse if u full fill other conditions...
hope it helps

please can you tell us the documents you presented when you made the new application in your country
and also if the funds are in my account in my country and I am not in the country at the time does that count against me or i should just wait till i return before putting the maintenance funds in the account
and finally is it actually possible to use a uk bank account with funds of 2800 to apply in my country

You just need to show that u have 2800 pounds for 3 months right before u do an out of country application.. doesn't matter if it is a UK account or not and it doesn't matter if u have a bank account in ur name for the required amount of time before u are in ur home country..