Suppose a refusal for ILR comes ON THE DAY my current leave

GSOtodd · Post by **GSOtodd** » Fri Apr 22, 2011 4:00 pm

runs out? What do I do. WOuld I be able to appeal because I won't have time to get the paperwork into the HO for Tier 2 extension in just one day. Will the 28 days apply? What would I do?

Post by **geriatrix** » Fri Apr 22, 2011 4:19 pm

You may appeal only if given the right to. Your refusal letter will tell you if you have been granted that right or not. If given the right to appeal, then you must do so within the stipulated time (10 days, the letter will tell you that too). For those 10 days, your stay in the UK will be legal.

If you submit the appeal within the stipulated time your leave will continue under section 3C until all appeal options are exhausted. If you don't, then you will become an overstayer at end of the time period given.

GSOtodd · Post by **GSOtodd** » Fri Apr 22, 2011 4:31 pm

what would prevent me from having the right do appeal?

Post by **vinny** » Fri Apr 22, 2011 4:36 pm

If you have leave left after a refusal (applied too soon) or if you had applied after your leave had expired (applied too late).

GSOtodd · Post by **GSOtodd** » Fri Apr 22, 2011 4:40 pm

yeah but what if the refusal comes the DAY my leave ends? What do I do?

Post by **geriatrix** » Fri Apr 22, 2011 4:43 pm

If your refusal is received the day your leave expires ... and you have no right to appeal, then make plans to leave the country (within 28 days, ideally).

If your refusal is received the day your leave expires ... and you have been given the right to appeal, then appeal within the stipulated time.

Next probable question: Will I be given the right of appeal if the decision to refuse is taken on such a date that it can be expected that the letter will reach very near to / on / after the date of expiry of current leave?
Answer: Yes.

ash786 · Post by **ash786** » Fri Apr 22, 2011 5:07 pm

GSOtodd wrote:runs out? What do I do. WOuld I be able to appeal because I won't have time to get the paperwork into the HO for Tier 2 extension in just one day. Will the 28 days apply? What would I do?

1. Do not think or spend too much time thinking about probabilities like these.

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Suppose a refusal for ILR comes ON THE DAY my current leave

Suppose a refusal for ILR comes ON THE DAY my current leave

Re: Suppose a refusal for ILR comes ON THE DAY my current le