PSW (refusal Notice)- 10 days left :(

[sania_akhter8]

Hi all ,

i made the application of student visa from UK - due to some reason my visa was refused they served me IS151A and IS96

The specific reason on 1S151A is given below ...

Statement of Reason:

"You Applied for Furthur Leave to Remain as a student in the UK on 28/02/09 which was rejected on 10/03/09.How ever you didnot make your next application for furthur leave to remain as a student until 30/03/09 which was again rejected on 20/04/09. Due to period of 20 days elapsing between these applications you are being classed as an over stayer"


After that i made and application for post study work from my home country in which i attached a cover letter and tell each and every thing about my rejections but they cant understand ,again they refused me , ECO comments given below - Now they give me 28 days time for administrative review.


General Grounds For Refusal:

ECO Comments :

You have Indicate on your application from and UK Border Agency records indicate that you have previously been in the UK illegally breached your condiiton of overstayed were removed voluntarily at own expense from UK on
03/06/2009. I am therefore refusing you entry clearence under paragraph 320(7B) of the immegiration rules . Any Future application will also be automatically refused for the same reason under paragraph 320 (7B) of the immegiration rules until 03/06/2010

Furthuremore, as your application has been refused under 320 (7B) it is also hereby refused under parapgrah 245X(a) of the immegiration rules.


1) Can you please tell me can i go for adminsitrative review?


2) Do original supporting documents submit for administrative review - for e.g ECO Letter and IS151A ?


3) can anyboy knw the address of post and email if i apply from Pakistan - Karachi of UK Embassy or do i need to apply through Gerrys ?

4) What should i need to write in the administrative review requets notice question below-
Enter the reason(s) for refusal as shown in your refusal notice GV51 - and say why you think a mistake was made?

5) Does my case got worth to apply for administrative review?

Your Help is highly appreciated ...

Thanks in Advance !!

[geriatrix]

When did your leave (as student) expire?
And when did you depart from UK? (03/06/10)?


regards

[sania_akhter8]

When did your leave (as student) expire?
And when did you depart from UK? (03/06/10)?


regards

Originally - My leave for student expire on 28/02/09 ,i put my application in
time to extend my student visa on 28/02/09 and it is rejected on 10/03/09 due to card Problem.

Again i submit my application on 30/03/09 which was rejected on 20/04/09 due to photographs unfortunately...

The Letter of rejection i got on 10th of May and they book and appointement in home office in which they serve me IS151A and IS96 on 25/05/2009 - After that i leave UK on 03/06/2009 voluntarily at my own expense

[geriatrix]

Overstaying in the UK for more than 14 months (10/3/09 to 03/06/10) and then deported (albeit at own expense)!! IMHO, AR cannot help you.

regards

[sania_akhter8]

Overstaying in the UK for more than 14 months (10/3/09 to 03/06/10) and then deported (albeit at own expense)!! IMHO, AR cannot help you.

regards

sorry for writting the wrong dates - its not 2010 its 2009

Originally - My leave for student expire on 28/02/09 ,i put my application in
time to extend my student visa on 28/02/09 and it is rejected on 10/03/09 due to card Problem.

Again i submit my application on 30/03/09 which was rejected on 20/04/09 due to photographs unfortunately...

They took my passport and serve me IS151A and IS96 on 25/05/2009 - i depart from UK on 03/06/2009 voluntarily at my own expense

[geriatrix]

between 2-3 months then, but still more than the permissible 28 days! (320(7B)(a)).


regards

[sania_akhter8]

between 2-3 months then, but still more than the permissible 28 days! (320(7B)(a)).


regards

But Letter of rejection i got on 10th of May in which they told me that i have to make an appoinment with home office which i did on 25th of May left UK voluntarily on 03rd of June 2009

The specific reason on 1S151A is given below ...

Statement of Reason:

"You Applied for Furthur Leave to Remain as a student in the UK on 28/02/09 which was rejected on 10/03/09.How ever you didnot make your next application for furthur leave to remain as a student until 30/03/09 which was again rejected on 20/04/09. Due to period of 20 days elapsing between these applications you are being classed as an over stayer"

[potterbond007]

between 2-3 months then, but still more than the permissible 28 days! (320(7B)(a)).


regards

But Letter of rejection i got on 10th of May in which they told me that i have to make an appoinment with home office which i did on 25th of May left UK voluntarily on 03rd of June 2009

The specific reason on 1S151A is given below ...

Statement of Reason:

"You Applied for Furthur Leave to Remain as a student in the UK on 28/02/09 which was rejected on 10/03/09.How ever you didnot make your next application for furthur leave to remain as a student until 30/03/09 which was again rejected on 20/04/09. Due to period of 20 days elapsing between these applications you are being classed as an over stayer"

yeah true.. u should make your next application within the time given to you to make an appeal.. which i think is 14 days or something..

[sania_akhter8]

between 2-3 months then, but still more than the permissible 28 days! (320(7B)(a)).


regards

@Potterbond007

Do you mean administrative review?

what documents i need to enclosed with my psw administrative review application ?

[potterbond007]

i guess i was wrong and an appeal period is 28 days from the date of refusal.. anyways..

1) yes you can if the right to go for an administrative review is given on your refusal form.
2)That's upto you.. xeroxes are also fine.
3) no idea
4) tell them that you think that you where within the rules when you did the second application and applied within 28 days of the refusal of the earlier decision. be more elaborate but this should be the gist of the matter. Try to find the exact rules that support you.
5)try it anyways.. it's free..

[sania_akhter8]

i guess i was wrong and an appeal period is 28 days from the date of refusal.. anyways..

1) yes you can if the right to go for an administrative review is given on your refusal form.
2)That's upto you.. xeroxes are also fine.
3) no idea
4) tell them that you think that you where within the rules when you did the second application and applied within 28 days of the refusal of the earlier decision. be more elaborate but this should be the gist of the matter. Try to find the exact rules that support you.
5)try it anyways.. it's free..

i am bit confused what original rules support me
what i need to write in the covering letter for support

[potterbond007]

you wouldn't need a covering letter.. just give all the details on the application letter for a admin review.. there is sufficient space on that sheet.. check the rules if it says anywhere that you can reapply rather than go for an appeal.. i think it is there somewhere.. i just cant find it.. can you tell me if you where given the right to appeal on your initial refusal..

[sania_akhter8]

you wouldn't need a covering letter.. just give all the details on the application letter for a admin review.. there is sufficient space on that sheet.. check the rules if it says anywhere that you can reapply rather than go for an appeal.. i think it is there somewhere.. i just cant find it.. can you tell me if you where given the right to appeal on your initial refusal..

[sania_akhter8]

you wouldn't need a covering letter.. just give all the details on the application letter for a admin review.. there is sufficient space on that sheet.. check the rules if it says anywhere that you can reapply rather than go for an appeal.. i think it is there somewhere.. i just cant find it.. can you tell me if you where given the right to appeal on your initial refusal..

yup they given the right of appeal on 25/05/09 in IS151A on my student visa application when i was in UK but i didnt appeal for that ...

in Post study work application from Pakistan they given me administrative review ...

[potterbond007]

what did the refusal letter received on 10/3/09 say. Did it specifically say that you need to leave the country or did it give you the right to reapply. did it say that you have 28 days to make a new application?

[sania_akhter8]

what did the refusal letter received on 10/3/09 say. Did it specifically say that you need to leave the country or did it give you the right to reapply. did it say that you have 28 days to make a new application?

yup its written in that i have to make fresh application and ractify my card problem the letter on 10.03.09

[geriatrix]

What do you think is the basis of an AR in your case? The IS151 a document through which a removal decision is served ad only confirms that UKBA is ensuring that you do not continue living in the UK as an illegal immigrant.

Since you decided not to appeal the refusal of the first application (if you were given the right), you became an overstayer in the UK from 10/03/09 onwards. had you left UK within 28 days from then, you wouldn't be in the situation you are in today. Instead, you made an out-of-time application after 20 days of receiving a refusal, and rather than doing you any good, made sure that UKBA became aware of your illegal presence and who then decided to serve you IS151 to ensure that you leave UK.

The bottomline is you became an overstayer on 10/03/09 and did not leave UK within 28 days of being classified so.

With these facts in mind, what do you think are your grounds for AR (if any)?

regards

[geriatrix]

i guess i was wrong and an appeal period is 28 days from the date of refusal..

Source of this information?

When a right of appeal is given, then an appeal must be filed:
1. within 5 days when applicant is in detention,
2. within 10 days in all other cases where appeal must be filed in-country.
3. within 28 days when an appeal can only be filed when the applicant has left UK.

(Section 7, Asylum and Immigration Tribunal (Procedure) Rules 2005)


regards

[geriatrix]

what did the refusal letter received on 10/3/09 say. Did it specifically say that you need to leave the country or did it give you the right to reapply. did it say that you have 28 days to make a new application?

yup its written in that i have to make fresh application and ractify my card problem the letter on 10.03.09

But that needs to be done ASAP ... not after 20 days! Had you made an effort to re-submit your application within a week, UKBA would have (hopefully) approved your application subject to requirements being met.


regards

[sania_akhter8]

what did the refusal letter received on 10/3/09 say. Did it specifically say that you need to leave the country or did it give you the right to reapply. did it say that you have 28 days to make a new application?

yup its written in that i have to make fresh application and ractify my card problem the letter on 10.03.09

But that needs to be done ASAP ... not after 20 days! Had you made an effort to re-submit your application within a week, UKBA would have (hopefully) approved your application subject to requirements being met.


regards

Why they accept my second application if i late for 20 days why they didnt inform me ?

othwise i left UK after my first applciation

[potterbond007]

i guess i was wrong and an appeal period is 28 days from the date of refusal..

Source of this information?

When a right of appeal is given, then an appeal must be filed:
1. within 5 days when applicant is in detention,
2. within 10 days in all other cases where appeal must be filed in-country.
3. within 28 days when an appeal can only be filed when the applicant has left UK.


regards

oops... sorry.. my mistake.. i haven't been looking into immigration boards for quite sometime and i guess i am getting my facts all messed up..

[potterbond007]

You should have done your application within 10 days which is the standard time given for an appeal to be filed.. How could anyone refuse an application without going through the particulars. They accepted your application, found that you overstayed and then rejected it.. plain and simple.. sorry abt the mistake i made earlier.. just rusty..

[sania_akhter8]

You should have done your application within 10 days which is the standard time given for an appeal to be filed.. How could anyone refuse an application without going through the particulars. They accepted your application, found that you overstayed and then rejected it.. plain and simple.. sorry abt the mistake i made earlier.. just rusty..

how cum i am over stayer if they accept my second application and they reject my applications on photographs -i left the UK voluntarily when they said , evn its not my intention to abide UK immegrations laws...


That means i dont go for adminstrtaive review thats a wastage of time for me ?

i am soo confused??

[geriatrix]

Acceptance of out-of-time application by UKBA for consideration doesn't make your stay in the UK during that time any legal - because out-of-time applications do not attract Section 3C protection. Ignorance of rules is not an excuse that you can use to blame UKBA. Ignorance is applicant's problem, not UKBAs!

More than just this application that has been refused, your overstaying in the UK may impact similarly any other EC applications in the near future.




regards

[sania_akhter8]

Acceptance of out-of-time application by UKBA for consideration doesn't make your stay in the UK during that time any legal - because out-of-time applications do not attract Section 3C protection. Ignorance of rules is not an excuse that you can use to blame UKBA. Ignorance is applicant's problem, not UKBAs!

More than just this application that has been refused, your overstaying in the UK may impact similarly any other EC applications in the near future.


regards

Does the count of overstay start from 10/03/09 or it starts from the date of rejection letter which i got on 10th of May ...