Refusal again...

[potterbond007]

What i understand after reading that chapter and, the post by learned member of forum above, is that 28 day period is the period you are legally classed as an "overstayer" but you will NOT be punished to become an overstayer if you leave within 28 days.

So, in effect, you will not have to pay any penalty in your future application for being an overstayer.

But I suspect it will be considered a break for 10 years legal stay ILR.

I am not looking for ILR.. Just hope this works out..

[potterbond007]

If nobody can find something saying that a person need leave the county within 28 days of an appeal decision

From legal standpoint, the day your appeal is determined against you, you become an overstayer. The 28 days period, if any, is a discretion offered by UKBA for the person to leave voluntarily. Exit within 28 days may be ignored by UKBA in assessing future EC applications by the candidate (but it must be declared) but exit beyond 28 days is definitely treated as having overstayed.

"Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the time limit attached to his leave, or beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971."

The day appeal determination is served, protection under Section 3C ends and, from a legal standpoint, one is an overstayer in the UK. Any day that one spends in UK beyond Section 3C protection is at one's own risk!


regards

I have mailed the UK Home office and I am currently waiting to see what they have to say about the situation. I will inform you all once I get any information. If you have any knowledge about the situation, please do keep informing me..

[potterbond007]

Continuing with the above discussion, I had another question.. If I mail the home office and they send me a mail saying that "yes are allowed a period of 28 days after an appeal is dismissed", would a print out of the e-mail correspondence I had with the home office be considered as proof if I submit it for my administrative review? Has anyone submitted e-mail printouts as proof for visa applications/reviews/appeals before? Thanks in advance..

[arsenal49]

anything in writing can be used as an evidence in court except where it clearly says on he paper that this cannot be used in court. So, you should be able to back up your case with that email reply.

By the way, which address did you use to send your email.

[potterbond007]

anything in writing can be used as an evidence in court except where it clearly says on he paper that this cannot be used in court. So, you should be able to back up your case with that email reply.

By the way, which address did you use to send your email.

This one,

UKBApublicenquiries@ukba.gsi.gov.uk

[potterbond007]

My Tier- 1 Post Study work was recently refused even though I earned all the points necessary to show that I am eligible for the Visa. I was refused under rule 320 (7b) of the general rules for refusal category stating that I overstayed in the UK. As per administrative review rules, I am allowed to present more evidence if necessary since my Visa was refused under paragraph 320 (7b). So I am presenting my evidence and my arguments as to why I feel that the decision was a mistake.

It is true that my Visa was refused on the 1-06-2009 initially. However, I stayed on since I had an appeal pending in court. Section 3C of the Immigration Act of 1971 (as amended) extends leave to stay while a person has an appeal decision pending in court ( http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary ). I had send my appeal statement along with my application, but the immigration officer while making the earlier decision has not considered the fact that I stayed on because of my appeal pending in court.

My appeal was dismissed on 6-08-2009 and I left the UK on 31-08-2009. An exception to paragraph 320 (7b) says that a person cannot be called an over-stayer if he overstayed for 28 days or less ( http://www.ukba.homeoffice.gov.uk/polic ... les/part9/ ). Since my leave to stay finished on 6-08-2009 when my appeal was dismissed, (extended by Immigration Act 1971) and I left within 28 days of my appeal decision,I fail to understand how I overstayed in the UK.

I have been extremely careful to abide by the law and hence I had also confirmed all this by phoning the home office while I was in the UK. The immigration officer had not considered all these facts while making the earlier decision even though I mentioned the same in a covering letter I send with my application. I hope that this misunderstanding is cleared and I am granted my Tier – 1 Post Study Work Visa.

[potterbond007]

My Tier- 1 Post Study work was recently refused even though I earned all the points necessary to show that I am eligible for the Visa. I was refused under rule 320 (7b) of the general rules for refusal category stating that I overstayed in the UK. As per administrative review rules, I am allowed to present more evidence if necessary since my Visa was refused under paragraph 320 (7b). So I am presenting my evidence and my arguments as to why I feel that the decision was a mistake.

It is true that my Visa was refused on the 1-06-2009 initially. However, I stayed on since I had an appeal pending in court. Section 3C of the Immigration Act of 1971 (as amended) extends leave to stay while a person has an appeal decision pending in court ( http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary ). I had send my appeal statement along with my application, but the immigration officer while making the earlier decision has not considered the fact that I stayed on because of my appeal pending in court.

My appeal was dismissed on 6-08-2009 and I left the UK on 31-08-2009. An exception to paragraph 320 (7b) says that a person cannot be called an over-stayer if he overstayed for 28 days or less ( http://www.ukba.homeoffice.gov.uk/polic ... les/part9/ ). Since my leave to stay finished on 6-08-2009 when my appeal was dismissed, (extended by Immigration Act 1971) and I left within 28 days of my appeal decision,I fail to understand how I overstayed in the UK.

I have been extremely careful to abide by the law and hence I had also confirmed all this by phoning the home office while I was in the UK. The immigration officer had not considered all these facts while making the earlier decision even though I mentioned the same in a covering letter I send with my application. I hope that this misunderstanding is cleared and I am granted my Tier – 1 Post Study Work Visa.

I am planning to present a covering letter saying all this as proof in my administrative review along with the printout of all the facts to which I have given the link here. I hope all this helps somebody else in a similar situation as I am.. Please tell me if I could say anything else or I need to change something.. Thanks..

[ayaz.ilyas]

I think in your Admin review you should send the email from UKBA and also send the Immigration rule print out which says that you are not over-stayer as you describe above.

[potterbond007]

I think in your Admin review you should send the email from UKBA and also send the Immigration rule print out which says that you are not over-stayer as you describe above.

I have mailed them and I am waiting for their reply.. do u know how many days they usually take to reply to mails?

[arsenal49]

I think in your Admin review you should send the email from UKBA and also send the Immigration rule print out which says that you are not over-stayer as you describe above.

I have mailed them and I am waiting for their reply.. do u know how many days they usually take to reply to mails?

Well, i saw the address you mentioned above. I sent an email to them like 2 weeks ago about a query and they have yet to get back to me. They send you automated reply instantly and thats it. But, i suppose, keep waiting for their reply . in the mean time, try to find another email address/contact etc.

One poster sort of mentioned they reply VERY quickly but well, not in my case so i guess it differs remarkedly for different people

[potterbond007]

I have had a few replies in a week when i have asked questions before.. so i hope i get something from them by the end of this week.. Though i hope i have enough data to present at the review already without the mail.. maybe writing on the covering letter that i phoned the home office to confirm if i need leave in only 28 days would suffice..

[joxiri]

this is scary
I have an appeal next week assuming it gets rejected will i be informed on the day
and when i return to my country does it mean it will be rejected as well< i am realy confused as they have previously stated that i am not considered illegal whilst waiting for appeal and up until 28 days after decision
is the posters case an isolated event or is this the norm

[potterbond007]

this is scary
I have an appeal next week assuming it gets rejected will i be informed on the day
and when i return to my country does it mean it will be rejected as well< i am realy confused as they have previously stated that i am not considered illegal whilst waiting for appeal and up until 28 days after decision
is the posters case an isolated event or is this the norm

I believe that mine is a case of some huge mistake and an isolated case in itself.. but nobody has come forward to say that they have been successful in such a case or to say what they had done to be successful.. So it depends mostly on if u believe what i believe..

[joxiri]

potterbond
so are you implying th its down to luck then, or your case is isolated
there was someone farrie who was in a similar situation and his 2nd application was succesful though

[potterbond007]

potterbond
so are you implying th its down to luck then, or your case is isolated
there was someone farrie who was in a similar situation and his 2nd application was succesful though

Since i got rejected even though i submitted my appeal documents and wrote every single detail in the covering letter.. i would say yeah, it depends on which case worker u get i presume.. Gonna take a shot at the review now.. Maybe get a better, understanding case worker this time..

[skywalk]

"You have been in the UK and overstay.. Your application for PSW was refused on 1/06/2009 and you left UK voluntarily on 31/08/2009.. I am refusing you on 320 (7b).."

But i had applied for appeal... appeared for appeal on 15/07/2009 and got my appeal decision on 6/08/2009 and left UK on 31/08/2009..

Hi, dear potterbond007

Let me tell you what I think.
Your PSW application was refused on 1/06/2009 and normally you got only 10 working days to appeal. That mean your appeal deadline was in 12/6/2009 (counted only bank working day).
By law , you must appeal before deadline. Otherwise you must leave Uk within 28 days from decision date.
You appealed date was 15/07/2009. It was too late for appeal deadline.
I want to see your reply.

Good Luck

skywalk

[arsenal49]

Hey skywalk,

I am pretty sure he applied within the given deadline of 10 days. But his hearing was couple of months away and he stayed on, to attend it which is perfectly fine as far as the law is concerned as his leave was extended due to "that" para.

regards

[potterbond007]

"You have been in the UK and overstay.. Your application for PSW was refused on 1/06/2009 and you left UK voluntarily on 31/08/2009.. I am refusing you on 320 (7b).."

But i had applied for appeal... appeared for appeal on 15/07/2009 and got my appeal decision on 6/08/2009 and left UK on 31/08/2009..

Hi, dear potterbond007

Let me tell you what I think.
Your PSW application was refused on 1/06/2009 and normally you got only 10 working days to appeal. That mean your appeal deadline was in 12/6/2009 (counted only bank working day).
By law , you must appeal before deadline. Otherwise you must leave Uk within 28 days from decision date.
You appealed date was 15/07/2009. It was too late for appeal deadline.
I want to see your reply.

Good Luck

skywalk

Well when i submitted my documents for appeal, that is the date that the court gave me to appear for an appeal. According to the immigration Act of 1971, it doesn't matter when the appeal is.. anyways, i cant tell the court to keep it before 12/06/2009 can i..

[skywalk]

I have had a few replies in a week when i have asked questions before.. so i hope i get something from them by the end of this week.. Though i hope i have enough data to present at the review already without the mail.. maybe writing on the covering letter that i phoned the home office to confirm if i need leave in only 28 days would suffice..

I think you have enough evidence for Administrative Review. You should send your documents by Fax if you didn't get reply from HO.

[potterbond007]

I have had a few replies in a week when i have asked questions before.. so i hope i get something from them by the end of this week.. Though i hope i have enough data to present at the review already without the mail.. maybe writing on the covering letter that i phoned the home office to confirm if i need leave in only 28 days would suffice..

I think you have enough evidence for Administrative Review. You should send your documents by Fax if you didn't get reply from HO.

Looks like the home office doesn't like replying to e-mails.. itz been 2 weeks and i have send like 5 mails without any replies.. Hope the evidence i have stated in this thread which i am going to send as a covering letter with the printouts prove sufficient..

[arsenal49]

hey potterbond, i found this document relevant to people who were deemed overstayers. I dont know if its relevant to you exactly but have a read through.

You might be able to quote something from there in your review..

regards

the important thing being:

“Applications received within 28 days of the expiry of leave will be considered in the normal way ... those within 6 months in exceptional circumstances, but those outside that period, refusedâ€

[potterbond007]

[quote="arsenal49"]hey potterbond, i found this document relevant to people who were deemed overstayers. I dont know if its relevant to you exactly but have a read through.

You might be able to quote something from there in your review..

regards

the important thing being:

“Applications received within 28 days of the expiry of leave will be considered in the normal way ... those within 6 months in exceptional circumstances, but those outside that period, refusedâ€

[potterbond007]

I have submitted my documents for a review with the covering letter and the extra evidence that i had mentioned here.. wish e luck.. eventhough, i have heard that reviews are tough, i hope it gets through.. I have been behind this for a year now and i am tired..

[skywalk]

I hope your review case will be fine.

[potterbond007]

hi all.. just to give an update on my situation here.. My admin review case has still not been decided.. On the form it says that admin review decisions are usually taken within 28 days of an application.. Offficially, today is the 48th day since I send in my admin review form.. I mailed and called the admin review office and on both accounts they send me a mail saying that due to unforeseen circumstances there has been a delay in reaching a decision.. This whole thing has become a joke.. Today is my 1 year anniversary from the day I applied for PSW the first time in England.. I have been in this mess for a year now.. lost a whole year.. hope all you guys in the forum have better luck with their applications..