FTT appeal dismissed....sending a fresh application

[ab_1820]

Hi

my Appeal dismissed in FTT and iam planning to send fresh application as UTT would take ages and i cant wait that long.
Since my visa has already expired.....will i be able to work somewhere while my Fresh application is under process ? or my work rights are exhausted?
please reply ....Thanks

[Olasunkanmi]

@ ab_1820, once you decide to accept FTT decision, your former leave which has been extended under section 3C stops and you become an overstayer but you have 28days grace period to submit any other application and the period of overtstaying will be ignore if not more than 28days after FTT decision. So legally, you cant do any work in UK while your fresh application is under processing.

[ab_1820]

Hi Olasunkanmi,
Thanks for your reply
so in case i send my fresh application and Home office takes again say few months for processing then will i be classed an overstayer? Of course i will not wait 28 days now...i will send withing 14 days after FTT refusal.

[Olasunkanmi]

Hi Olasunkanmi,
Thanks for your reply
so in case i send my fresh application and Home office takes again say few months for processing then will i be classed an overstayer? Of course i will not wait 28 days now...i will send withing 14 days after FTT refusal.

They will only calculate the days of overstaying from the date of FTT decision to the date you submit a fresh application and once your application is with them you are not an overstayer anymore but you already have some days in your record which has been classed as overstaying. So the main point is that if the overstaying period is not more than 28days, your application will be treated according to the rules but if your overtsaying period is more than 28days, the fresh application will be rejected automatically without considering any evidence you submit.

[Mr Legal]

Simple is that first you go in appeal to the UT which will give you sometime for the preparation of fresh application. The UT will take at least couple of weeks to decide on your permission to appeal,during that period you send your fresh application and on the same date send your withdrawal application to the UT as well.Legally,you will not fall under the grace period or any overstayed period if you may do so.

[quantum1]

...and once your application is with them you are not an overstayer anymore but you already have some days in your record which has been classed as overstaying.

This is not correct. You will be an overstayer until the date you are granted another visa.

[Olasunkanmi]

quote="quantum1"]

...and once your application is with them you are not an overstayer anymore but you already have some days in your record which has been classed as overstaying.

This is not correct. You will be an overstayer until the date you are granted another visa.[/quote]


@ quantum1, overstaying period is only the period that an applicant doesn't have leave to remain, pending appeal and pending application. HO dont calculate the period when application is pending as overstaying period because if they do whoever overstays for example for a period of 5-10 days will automatically have their application refused as most application take more than 28days to decide. If you then add the initial overstaying period with the days that the application takes to be decided then most overstayer will have their subsequent applications refused because they would have overstay for more than 28days and according to the rule, only 28days overstaying period is disregarded when deciding an application.

[quantum1]

@Olasunkanmi

You are right but not completely correct.
Overstaying period is only the period that an applicant doesn't have leave to remain, pending application and appeal, given that application leading to appeal was made in time and engaged section 3C. If a person makes an out of time application, they will overstay until they have been granted leave.
UKBA will allow an application submitted within 28 days of overstaying. This does not mean that once the application is made the overstaying stops. In fact, if a person sends an application 1 day out of time and it takes 90 days for the application to be refused and the person leaves the country, that person will be subject to a 1 year ban because they overstayed for longer than 90 days.