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Delay in FLR(s)

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twilight80
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Delay in FLR(s)

Post by twilight80 » Mon Apr 16, 2007 3:03 pm

hi

i posted my application for extension of my student visa on jan 30th 2007,my visa expired on jan 31st 2007 .its mid april the only thing i recieved from home office is the acknowledgement letter on 02/02/07.
i changed my univeristy after my first extension would that be a problem.
the present university confirms my good attendance,academic record and payment of full fee which is £8500.
im worried that delay is a negative sign ...finding it hard to concentrate on my studies..besides i paid £250 for this worry?

regards,
twilight

John
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Post by John » Mon Apr 16, 2007 3:35 pm

i posted my application for extension of my student visa on jan 30th 2007,my visa expired on jan 31st 2007
Well let's at least give you the good news! The fact is that your visa did not expire on 31.01.07! Given that you made an application for an extension prior to the expiry date the old visa is "treated as continuing" and thus has not expired, even though the stated expiry date has passed. That is, you are not an overstayer, and still have a valid visa.

The legislation relevant to this is Section 3C.

The delay? I think I would leave it until the end of April and then start chasing BIA, as they are now.
John

sunnyday
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Post by sunnyday » Mon Apr 16, 2007 3:54 pm

John,

She said that it was posted on Jan 31st. This might imply that the HO received it either one or two days after. Even recorded delivery takes a day. You might want to check with the op about this.

John
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Location: Birmingham, England
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Post by John » Mon Apr 16, 2007 4:20 pm

She said that it was posted on Jan 31st.
No she doesn't!

In any case visa applications are treated as made when posted, and not when they arrive, so an application posted the day before the expiry date is clearly in time.

Compared to ... applications for British Citizenship are treated as made when received!
John

sunnyday
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Joined: Wed Mar 21, 2007 7:16 pm

Post by sunnyday » Mon Apr 16, 2007 4:57 pm

Okay good you cleared that up. We saw a case on this forum earlier about ILR refusal due to postal delays on one of the visa extension application, which caused a period of illegal stay.

twilight80
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Posts: 6
Joined: Mon Apr 16, 2007 1:01 pm

thnk u

Post by twilight80 » Mon Apr 16, 2007 5:47 pm

thank you both for your inputs.
with regards to late submission of application i wasnt late, and
i have seen people submitting thier application about 2 months after the expiry date and still got thier extension for 6 months or so,
(obiviously they dont get the right to appeal )
im puzzled over the delay i thought my application was straight forward..i just filled the application and posted it.i hope to get atleast 6 months or so...as i need to finish my project and dissertation...
John,whats BIA..is it the new wing of HO? (sorry i come from medical backgorund bit dull with these abbreviations)

John
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Post by John » Mon Apr 16, 2007 8:20 pm

Sunnyday wrote:We saw a case on this forum earlier about ILR refusal due to postal delays on one of the visa extension application, which caused a period of illegal stay.
Please be specific about the post you refer to. I would like to read.
twilight80 wrote:John,whats BIA..is it the new wing of HO?
Yes, it is, it has taken over from IND! That is, the Immigration and Nationality Directorate is no more, and has been replaced by the Border and Immigration Agency. To check out their website click here.
John

sunnyday
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Joined: Wed Mar 21, 2007 7:16 pm

Post by sunnyday » Mon Apr 16, 2007 8:44 pm

John,

check this thread http://www.immigrationboards.com/viewtopic.php?t=14829. I still don't know how exactly she got rejected.

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