sushdmehta wrote:MikkySoft wrote:I was told by some lawyers 2 different things:One said I should submit before expiration of current leave and that I may be fortunate to be given appeal by that time, the money would have spent that 10 extra days and I can present that statement on appeal.
Another told me to wait untill 10 days after my current leave expires and would have made it 90 days for maintenance fund. He explained that there is a law that I can still submit my visa for renewal about 28 days after expiration.
What may help others is knowing which option did you go for?
Friends,
If you have followed my post from the beginning, two conditions needed to be met. However, I could only meet 1 at a time and those two options were vital to the success of my application. Having consulted widely both on the net with law firms and some legal colleagues (though with contradicting pieces of advice). I sat down and picked the best options that I felt would help my situation.
As a reminder - I need to meet the first condition of Maintenance fee of £800 in my account for 90 consecutive days and the second option was that my application should be submitted before the expiration of my current leave to remain. I made a mistake of putting maintenance fee of £800 in my account 10 days less before the expiration of my current leave.
Then I asked myself, since I could only meet one condition at a time, which one is more important than the other?
1. To wait until I have the £800 for 90 day and let me current leave expire and submit 10 day after expiration or submit 10 day earlier thereby submitting before the expiration of my current leave and then be 10 days short of the 90 days maintenance.
Then I decided to submit before the expiration of my leave, because if I submit after the expiration, I would be staying illegally and my application would be declined immediately.
I then approached a lawyer to help me to draft a letter to Home office to explain why the maintenance fund of mandatory 90 days was not met and also to explain that I was ready to put the money in my account an extra 10 days after the submission of the application. To also ask that the application be treated with discretion since I have a very clean immigration history since 2001 I have been coming to the UK.
MORE IMPORTANTLY: My unmarried partner is a British citizen and we have a son together (1 and a half years old) who is also a British citizen. I included his original birth certificate where I was named as the father of the son, a photocopy of his British passport and also a photocopy of his mother British passport, couples of family pictures.
I also asked my lawyer to include it in his letter to Home office that if the leave could not be granted under HSMP/Tier1 conditions, that it should be granted under Human Right Acts article 8 or thereabout (right to family life) since my partner and son are both British and asking me to leave the country would disallow me from looking after my son.
In their reply, the home office however reminded me of the need to meet maintenance and other important conditions of Tier1 in future applications and said my leave was granted with discretion.
When my lawyer opened the letter and read it he said to me that this must be an act of God because maintenance and past earnings are important conditions that need to be met before leave can be granted and according to his words, he said “My God must be looking after me” and I replied him that He (God) always look after me !!!!
Thank you.
