ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Psw expires today i am applying tomorrow

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Psw expires today i am applying tomorrow

Post by murt4za » Tue Feb 05, 2013 12:41 am

Hello All
I just want to confirm my leave expires today 4th feb was not able to post my application today but i will tomorrow 5th feb. I am allowed 28 days i know but will it effect my application

Regards[/code][/b]

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Re: Psw expires today i am applying tomorrow

Post by rehan01 » Tue Feb 05, 2013 2:54 am

murt4za wrote:Hello All
I just want to confirm my leave expires today 4th feb was not able to post my application today but i will tomorrow 5th feb. I am allowed 28 days i know but will it effect my application

Regards[/code][/b]
Yes you can apply with in 28 days but you have to give reason why you are applying late check the policy guidance it will give you detail information regarding this .

regards

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Re: Psw expires today i am applying tomorrow

Post by murt4za » Tue Feb 05, 2013 8:49 am

rehan01 wrote:
murt4za wrote:Hello All
I just want to confirm my leave expires today 4th feb was not able to post my application today but i will tomorrow 5th feb. I am allowed 28 days i know but will it effect my application

Regards[/code][/b]
Yes you can apply with in 28 days but you have to give reason why you are applying late check the policy guidance it will give you detail information regarding this .

regards
I cant see anything in policy guidance but the form does require the reason for overstay

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Re: Psw expires today i am applying tomorrow

Post by rehan01 » Tue Feb 05, 2013 1:25 pm

murt4za wrote:
rehan01 wrote:
murt4za wrote:Hello All
I just want to confirm my leave expires today 4th feb was not able to post my application today but i will tomorrow 5th feb. I am allowed 28 days i know but will it effect my application

Regards[/code][/b]
Yes you can apply with in 28 days but you have to give reason why you are applying late check the policy guidance it will give you detail information regarding this .

regards
I cant see anything in policy guidance but the form does require the reason for overstay
if you have a old version of policy guidance and as soon as you open the guidance before even you go to index there in additional information before the main page.

but anyway I have copy paste all this for you here if it help.

"ADDENDUM - Tier 1 Entrepreneur
From 1 October 2012, applications for further leave to remain under the Points Based System will fall for refusal if you have overstayed for more than 28 days on the date of application, unless there were exceptional circumstances which prevented you from applying within the 28 day period. The 28 day period of overstaying is calculated from the latest of:

• the end of the last period of leave to enter or remain granted,

• the end of any extension of leave under sections 3C or 3D of the immigration Act 1971, or

• the point that a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime application for further leave to remain.
If there are exceptional circumstances which prevented you from applying in time you must submit evidence of the exceptional circumstances with your application. The threshold for what constitutes ‘exceptional circumstances’ is high and will depend on the individual circumstances of the case, but for example may include delays resulting from unexpected or unforeseeable circumstances such as the following:

• serious illness which meant that you or your representative were unable to submit the application in time (where supported by appropriate medical documentation).

• travel or postal delays which meant that you or your representative were unable to submit the application in time.
• inability to provide necessary documents. This would only apply to exceptional or unavoidable circumstances beyond your control, such as UK Border Agency being at fault in the loss of, or delay in returning, travel documents, or delay in obtaining replacement documents following loss as a result of theft, fire or flood (where supported by evidence of the date of loss and the date replacement documents were sought)."

regards

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Wed Feb 06, 2013 10:22 pm

Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter

axyz
Newly Registered
Posts: 2
Joined: Wed Feb 06, 2013 4:26 pm

Post by axyz » Wed Feb 06, 2013 11:35 pm

murt4za wrote:Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter
Hi Murt4za, I may fall in the same situation (Hope that will not happen).
Can you please tell me whts are the drawbacks of making application after visa expiry??

Thanks
axyz

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Wed Feb 06, 2013 11:57 pm

axyz wrote:
murt4za wrote:Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter
Hi Murt4za, I may fall in the same situation (Hope that will not happen).
Can you please tell me whts are the drawbacks of making application after visa expiry??

Thanks
axyz
Just try to apply as soon as possible. If you apply within 28 days of expiry of your current leave then you are ok. But still apply as soon as possible, even within 28days if you have to go over

khan_81
Member of Standing
Posts: 267
Joined: Wed Nov 21, 2012 9:03 pm
United Kingdom

Good luck

Post by khan_81 » Thu Feb 07, 2013 12:05 am

Good luck Blocked Username Mustafa

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Thu Feb 07, 2013 3:17 pm

axyz wrote:
murt4za wrote:Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter
Hi Murt4za, I may fall in the same situation (Hope that will not happen).
Can you please tell me whts are the drawbacks of making application after visa expiry??

Thanks
axyz
check the application form wht information they need and you will be fine as long as you apply within 28 days but do it asap.

regards

Jabs
Junior Member
Posts: 68
Joined: Sun Dec 27, 2009 9:51 pm

Post by Jabs » Thu Feb 07, 2013 4:22 pm

The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Thu Feb 07, 2013 4:44 pm

axyz wrote:
murt4za wrote:Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter
Hi Murt4za, I may fall in the same situation (Hope that will not happen).
Can you please tell me whts are the drawbacks of making application after visa expiry??

Thanks
axyz
The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.
If you apply after your visa has expired, there are several drawbacks. You do not get the right of appeal if your visa is refused. You will not be covered by section 3C. This means if the decision is made more than 28 days after your visa is expired, you will have very limited options as you will not be allowed to make new application in most PBS categories. Basically it means there is no plan B when you apply after your visa has expired. The application has to succeed

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Thu Feb 07, 2013 7:08 pm

Jabs wrote:The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.
So i am not eligible to work until decision which can be in the next 3 to 6 months

tuliprose
Member of Standing
Posts: 350
Joined: Wed Jan 07, 2009 9:23 pm
Location: Greater London

Post by tuliprose » Thu Feb 07, 2013 8:37 pm

murt4za wrote:
Jabs wrote:The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.
So i am not eligible to work until decision which can be in the next 3 to 6 months
You can continue to make application as normal and continue to work as normal. The only drawback would be if your application is refused for any other reason then you will not a right of appeal.

They cann't solely refuse your visa because you applied expiry date.

Good luck.

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Thu Feb 07, 2013 9:02 pm

tuliprose wrote:
murt4za wrote:
Jabs wrote:The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.
So i am not eligible to work until decision which can be in the next 3 to 6 months
You can continue to make application as normal and continue to work as normal. The only drawback would be if your application is refused for any other reason then you will not a right of appeal.

They cann't solely refuse your visa because you applied expiry date.

Good luck.
Thanks tulip

Can you please refer to any text which i can read or show my client that i am eligible to work in that period or otherwise i will just wait for the acknowledgment letter

Regards

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Feb 07, 2013 10:37 pm

Overstayers cannot legally work.
Last edited by vinny on Sun Jul 14, 2013 12:44 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Thu Feb 07, 2013 11:09 pm

vinny wrote:Overstayers cannot legally work.
How does your link prove that?
Please read the posts above

Regards

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Feb 07, 2013 11:18 pm

12 wrote: An overstayer also loses both the right to work and entitlement to mainstream state benefits, and anyone who employs him or her commits a criminal offence.
Last edited by vinny on Sun Jul 14, 2013 12:45 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Fri Feb 08, 2013 12:31 am

vinny wrote:
12 wrote: An overstayer also loses both the right to work and entitlement to mainstream state benefits, and anyone who employs him or her commits a criminal offence.
yes you are right but i applied only one day late bcoz i didnt have the legal letter verifying 3rd party letter signatures

But this is confusing because you are allowed to make application within 28 days

regards

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Feb 08, 2013 1:04 am

Perhaps it's always better to make a valid in-time application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

murt4za
Newly Registered
Posts: 17
Joined: Mon Dec 10, 2012 8:50 pm

Post by murt4za » Fri Feb 08, 2013 1:16 am

I have to start working on a contract and my client needs the ukba acknowledgment letter that I have made an application for extension so that i can work on site when required

I will be working through my own limited company and I am not sure if I can do that now

regards,

Jabs
Junior Member
Posts: 68
Joined: Sun Dec 27, 2009 9:51 pm

Post by Jabs » Fri Feb 08, 2013 9:18 am

Yes, you can trade through your Ltd company but make sure you apply in-time for your Ent visa to retain this right.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Feb 08, 2013 10:08 am

Jabs wrote:Yes, you can trade through your Ltd company but make sure you apply in-time for your Ent visa to retain this right.
Unfortunately, it's too late to be in-time.
murt4za wrote:Hello All
I just want to confirm my leave expires today 4th feb was not able to post my application today but i will tomorrow 5th feb. I am allowed 28 days i know but will it effect my application

Regards[/code][/b]
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jabs
Junior Member
Posts: 68
Joined: Sun Dec 27, 2009 9:51 pm

Post by Jabs » Fri Feb 08, 2013 11:12 am

Ah... bamboozling week

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Fri Feb 08, 2013 2:50 pm

quantum1 wrote:
axyz wrote:
murt4za wrote:Thanks for info
i submitted my application yesterday
Any idea how soon i can get an acknowledgment letter
Hi Murt4za, I may fall in the same situation (Hope that will not happen).
Can you please tell me whts are the drawbacks of making application after visa expiry??

Thanks
axyz
The major concern with applying after you visa has expired and within the 28 days grace period is that you may fall under Section D of the immigration rules - which means your PSW status will not remain intact thus you will lose your working rights whilst your application is being processed.

I'll double check this unless someone else can concretely shed some light on this.
If you apply after your visa has expired, there are several drawbacks. You do not get the right of appeal if your visa is refused. You will not be covered by section 3C. This means if the decision is made more than 28 days after your visa is expired, you will have very limited options as you will not be allowed to make new application in most PBS categories. Basically it means there is no plan B when you apply after your visa has expired. The application has to succeed
I think its upto case worker discretion to give you right of appeal or not if you have applied with in 28 of expiry of your visa?

please correct if I am wrong .

regards

esic_sonia
BANNED
Posts: 110
Joined: Fri Jan 25, 2013 2:57 pm
Location: London, UK

Post by esic_sonia » Fri Feb 08, 2013 3:08 pm

One Advice for everyone!!!!

If your visa is expiring on, for example, 8th of FEB 2013, You must file your application today, even with incomplete documents. Just write a letter stating a genuine reason that why your documents are missing and when will you provide them with those missing letters. Just make sure your Application is completely filled, plus visa fees is successfully taken by them.

Once you get a Case Reference number, you then send your remaining documents to UKBA caseworker with your case reference number..

This will always keep you safe and you will not loose your appeal rights.
Last edited by esic_sonia on Sun Feb 10, 2013 11:41 pm, edited 2 times in total.

Locked