Tier 1 rejected

[Chatss]

Hi, My Tier 1 application was rejected and sent back to me just a couple of days later my visa expired saying that they could not get my visa fee. I reapplied the next day and it was returned saying that I overstayed ( for that two days) and not mentioned it in the application! I have now applied again explaining what happened. What is the legality? Can anyone tell me if I still stand a good chance? i have sufficient points on PBS calculator.

[geriatrix]

Since they couldn't deduct fees, your in-time application must have been returned as invalid. Invalid applications are not covered by section 3c leave therefore you became an overstayer from the day your (last) leave expired.

Accepting out-of-time application is at UKBA's discretion, and in your case it seems that they have not applied that discretion in your favour, and perhaps because you failed to state a material fact - that you were an overstayer at the time of making the (second) application. This is what UKBA defines as deception and, more often than not, applicants claim as ignorance / mistake / forgetfulness. You'll know if UKBA has made any such accusation.

If the sequence of events in your case mirror what is stated above, then IMHO, the decisions are not in error / unlawful. If not, please explain and also share the following: On what date did you first apply and on what date did you receive refusal due to non-payment of fees?

Hope that they are convinced by your explanation and, if discretion can be applied in such cases, it is applied in your favour.


regards

[Chatss]

Hi, Thank you so much. I applied on 15th of Dec 2010 and my Tier 2 expired on 17th Jan 2011. I only received the rejected application on 19th of Jan and I reapplied on the next day. I did not filled the cages on "overstaying" thinking that I was still in the process of application(for my ignorance). Then I received rejected my second application on 22nd Feb indicating the fact that I have not filled mandatory fields in it. Now I reapplied on 25th with assistance from a lawyer. In both applications I explained everything in a covering letter. Will they still reject or consider? Can I work in my ongoing employment till I hear from HO? Your expert advice is greatly appreciated.

[lanr3e]

Hi, Thank you so much. I applied on 15th of Dec 2010 and my Tier 2 expired on 17th Jan 2011. I only received the rejected application on 19th of Jan and I reapplied on the next day. I did not filled the cages on "overstaying" thinking that I was still in the process of application(for my ignorance). Then I received rejected my second application on 22nd Feb indicating the fact that I have not filled mandatory fields in it. Now I reapplied on 25th with assistance from a lawyer. In both applications I explained everything in a covering letter. Will they still reject or consider? Can I work in my ongoing employment till I hear from HO? Your expert advice is greatly appreciated.

As your previous leave which allows you to work has expired and the fact that you have been unable to extend that leave successfully, the privileges associated to that leave no longer valid for you to use.

Simple answer: you are no longer eligible to work until you receive the necessary permission from the home office.