application deadline

[Maral]

Hi All,

My previous eea4 application was rejected. I received a UKBA letter which stated that I can submit a new application with new evidence if there is any. However, it does not state the deadline to make such an application. Is there any deadline to submit it at all? If so, how soon? Preciously speaking, I do not have any visa status now. Am I entitled to stay for 28 days at most since the date I received the UKBA letter? I would consider as a over stayer after 28 days?

The UKBA did not return my passport. I think it is with the local immigration team.
Will I have to mention my application history or UKBA reference NO in the new application? If they check my reference no, they shall know my application history and where my passport is about?

Look forward to hearing from you urgently.

[Seneca]

Previously overstaying by less than 28 days will not attract any mandatory refusal. However, although it should not affect any application, it may be held against an applicant in terms of credibility, depending on the Caseworker. It is better to avoid any overstaying altogether or limit it to as few days as possible.

Yes in application forms they asked about HO reference number and yes they will have your history in their system. No harm is done by informing them that your passport is with them in your next application.

[Maral]

Thank you, Seneca.

I will ensure the application to reach the UKBA on the 26th days. I shall be safe in this way?
I just can not submit it now as I need to seek for legal advices in terms of the appropriate application to submit, i,e, an EEA application or article 8 application. It is strange on the UKBA letter it does not state the deadline to submit either application. It does not say how soon I shall leave the UK if I do not wish to submit any further application.

From what date shall I start to count the 28 days, i.e, on the date when the UKBA letter was drafted and dated or on the date when it reached me. For example, the UKBA dated the letter as 2nd Feb, but it did not reach me until 5th Feb by post. I shall account the 28 days from 5th Feb onwards, right? Otherwise how am I supposed to know what the decision was before receiving and seeing the letter?

[Jambo]

28 days rule is not relevant to applications under EEA Regulations. Rights under EEA Regulations are obtained automatically regardless if an application is made or not. The HO just confirms your rights, not confer the rights. This is why there is no deadline because you can apply for a new application any time you wish. You won't be overstayer (assuming you have met the requirements under the EEA Regulations).

Why was the PR Confirmation application refused?