overstayers who applied before the october 2012 rule changes

[amelstar]

hi , i have a question, has any one who applied before the 1st october 2012 rule changes about overstayers applied for a visa after overstaying for more than 28 days and had his application approved, for example if one applied on lets say 31 september 2012 after being overstayed for more than 28 days applies for a visa ,what result should he expect? any senior members can shed some light here please ,would be appreciated.

[amelstar]

any overstayers who had there applications approved please share your results here

[amelstar]

so i am guessing i am the only one who overstayed here ? since nobody replied to my post

[amelstar]

lets share our case/application people come on may be we can help each other out. you can send me a personal message as-well for privacy

[amelstar]

???

[Gomchi]

Hello, I had applied after my visa expired because my documents were seized from my adviser's office from hmrc coz they didnot pay their tax. So they seized the office so my documents were taken by them as well . It's been 11 months , only done biometric but no any news. I think I can apply until 28 days after visa expiry which is mentioned in tier 1 enterpreneur policy guidance. Thanx , I have no working rights now because if ridiculous advisors. I don't know what to do in this situation.hope to hear some response.thanx

[amelstar]

Hello, I had applied after my visa expired because my documents were seized from my adviser's office from hmrc coz they didnot pay their tax. So they seized the office so my documents were taken by them as well . It's been 11 months , only done biometric but no any news. I think I can apply until 28 days after visa expiry which is mentioned in tier 1 enterpreneur policy guidance. Thanx , I have no working rights now because if ridiculous advisors. I don't know what to do in this situation.hope to hear some response.thanx

hello gomchi,
thanks for sharing, your reason for applying late seems to be logical , you applied 11 months before so you must have made an application on February 2013, the law states you must apply with in 28 days of your current visa expiry, so i am assuming you applied with in 28 days after you visa expired, and the tier 1 entrepreneur guidance also states that you should have or WERE LAST GRANTED ENTRY CLEARANCE/LEAVE TO REMAIN to apply for this category.
before october 2012 rule changes overstayers were allowed to make applications in various categories regardless of the time they overstayed, but after october 2012 the ukba changed the rules and now they say that if you overstay by 28 days your application will be refused automatically .

[Gomchi]

hi, yeah i applied with 28days of my visa expiry due to unforseen circumstances, but dont know why they are making delay for the decision, its for one year already, and just passed biometric,..
and if you have applied before october 2012. then you are logical too....

thanx...

[amelstar]

yes if you applied within 28 days time then theres nothing to worry about just sit tight and wait for the lazy mule ukba to reply, you have to give them time some of the case workers in ukba are mentally challenged ive come to know this by the way they dealt with some cases and the time delays they take so just give it time , i think teresa mays next step is to train chimpanzees as case workers to ukba to handle applications

[amelstar]

updates?

[amelstar]

updates please, share you case her or pm me so we can help each other please

[amelstar]

going to send ukba a pre action protocol letter this week, they refuse my application on the point that i submitted fake bank statements.I have sent sar request and dvr from data protection act ukba , hopefully will get a picture as to why the ukba think an origional current bank account statement is fake.
any one have had the same experience please share

[Olasunkanmi]

@ amelstar, if that was your only refusal reason and your bank statement is genuine, then you will definitely win your case. Did you use UK bank statement or overseas bank statement?

[amelstar]

@ amelstar, if that was your only refusal reason and your bank statement is genuine, then you will definitely win your case. Did you use UK bank statement or overseas bank statement?

thanks for replying, yes bank statements were genuine , they were outside uk bank statements

[amelstar]

i have recieved my DVR and it explains the verification check ukba did with the bank statements , it states that the amount was verified correct, the bank statements verified correct and genuine, but the problem was with the covering letter from the bank manager which the bank replied to the ukba enquiry that they did not issue the covering letter, which was surprising to me as it is signed and stamped by the bank manager himself , so that is why the ukba refused my application stating that i provided fake bank statements,,,,,,, but the statements were verified to be correct with the correct ammount it was only the covering letter which was a problem but i am in talks with the bank manager and he said that he is going to give me another letter stating that he issued the covering letter and it is genuine,,, i will take this letter to judicial review

[vin123]

Over stayers may not wish to disclose out on public forum that they overstayed. May be that's the reason you are not getting as many responses as you'd normally except.

[amelstar]

yes that might be the reason that is why i request people to send me a personal message

[amelstar]

lawyers are charging 1000s of pounds for JR, can this money be claimed from the sshd if claimant wins the case???

[amelstar]

any updates .

[amelstar]

can an applicant/claimant file a judicial review and send a pre action protocol letter himself without a lawyer or barrister??

[amelstar]

filing for a judicial review coming week, i have heard that it will take 21 days for the home office to come up with a reply,

[amelstar]

any one want to give any suggestions about filing a judicial review, what to include what not to include ?

[amelstar]

judicial review has been filed against the home secretary ukba

[amelstar]

hope to get justice from the UK courts , I hope they are sensible ,not like the people in ukba

[amelstar]

updates