28 Days Grace Period

[n8net]

yes, I am absolutely sure....I hv all his application dates and HO letters.

He did have valid visa when he made Tier 4 application, which got refused, which he went AR for. When AR is refused, the letter only says 14 days.

has HO told anyone at anytime they have 28 days ? or is it something that is in the law and they do not explicitly tell the applicants their rights ?


reading though, I find that 28 days is in place to help people who forget to apply before the expiry date and to give them a cushion..if they apply within 28days and application is successful it is same as if they have applied before the visa expiry date.

and it seems like 28 days is not applicable for any other case, ie. during extended section C (when their AR is decided) , from that point onwards it is 14 days.

If anyone have any docs or similar threads please share. I really want to get to the bottom of this.

thanks

[zimba]

has HO told anyone at anytime they have 28 days ? or is it something that is in the law and they do not explicitly tell the applicants their rights ?

You can file a fresh application within 28 days of being an over stayer. This is based on paragraph 320 of the the immigration rules. They do not need to explicitly tell you this bu the usually do.

reading though, I find that 28 days is in place to help people who forget to apply before the expiry date and to give them a cushion..if they apply within 28days and application is successful it is same as if they have applied before the visa expiry date.

No. 28 days magic cushion does not exist. Paragraph 320 of the immigration rules allows a fresh application only within 28 days of being an overstayer. 28 days period is simply a side effect of this rule

and it seems like 28 days is not applicable for any other case, ie. during extended section C (when their AR is decided) , from that point onwards it is 14 days.

Until you are covered by section 3C, you have the right to be here here and you are not an over stayer. When AR is concluded, your section 3C ends and you become an over stayer.
The only 14 day rule I know is that you get 14 days from your refusal date to apply for AR.
Read: https://www.gov.uk/government/uploads/s ... w-v7_0.pdf

[Ameten]

but the letters my friends was given after the refusal of the AR, mentions he has 14 days to tell HO about any other reason to stay in the UK.

thought it should have been 28 days ?

I have exactly the same issue as above. I just got my AR refusal letter yesterday giving me just 14days. And my initial application was made 13days before my visa expired.
I am very concern about the 14 days ultimatum. Can someone please help.

[sm12]

Any applicant who is applying for leave to remain must not have remained in the UK for
longer than 28 calendar days after the expiry of their original grant of leave, on the date of
their application. Remaining in the UK after leave has expired is commonly known as
overstaying.
The 28 day period of overstaying is calculated from the latest of:
 the last day of their latest grant of leave to enter or remain, or
 the end of any extension of their leave under sections 3C or 3D of the Immigration Act
1971.

......

If an
administrative review is brought (under section 3C(2)(d)) the leave is extended during
any period that the administrative review is pending, ending when the application is
withdrawn, rejected as invalid or when the outcome of the administrative application is
served, as set out in paragraph AR2.9 of Appendix AR of the immigration rules.


https://www.gov.uk/government/uploads/s ... _clean.pdf