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Can I Submit New Application after AR decision. (within UK)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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amitpate
Newly Registered
Posts: 8
Joined: Fri Feb 26, 2016 1:00 pm

Can I Submit New Application after AR decision. (within UK)

Post by amitpate » Thu Mar 03, 2016 11:35 am

Hello members,

I would like to know if I can submit a new Tier 1 Entrepreneur Application (Switch) (switching from Tier 1 (Graduate) Entrepreneur)
  • i) My current visa: Tier 1 (Graduate) Entrepreneur Visa.
  • ii) My Current Visa Expired: 5th Feb 2016
  • iii) My Application for Tier 1 Entrepreneur is refused.
  • iv) The deadline to submit Admin Review is 10th March.
  • v) My Passport and original documents is with HO.

In this case, can I submit a new (fresh) application from within UK?
  • a) Before 10th March (Before deadline to submit AR.
  • b) I submit AR & if it's refused again, then can I apply within 28 days of that decision of AR ?
Can I submit in both cases (a) & (b) above ? or either or none :(

Looking forward to hearing from you all.

Thanks for helping.

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zimba
Moderator
Posts: 21607
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Can I Submit New Application after AR decision. (within

Post by zimba » Thu Mar 03, 2016 12:22 pm

You can make a fresh application within 28 days of not having any leave to remain (usually two business days after your initial AR is refused when section 3C ends)
Given that a fresh application will not be considered an in-time application after your visa expiry, section 3C will no longer extend your leave and you will be considered an over stayer while your application is pending decision. You obviously cannot apply for a second fresh application as it falls for refusal automatically.

If you want to simply go ahead and apply for a fresh application (instead of AR) or if you apply for a fresh application while your AR is pending, your administrative review will automatically end on the day that your fresh application is submitted. This means that your extended leave, granted under section 3C also ends and you become an over stayer from that point onwards.
Effect of fresh application
If an applicant has made an application for administrative review which is pending, the administrative review application ceases to be pending if the applicant makes an application for entry clearance,
leave to enter or leave to remain. The application for administrative review ceases to be pending because effect of making the fresh application is to withdraw the administrative review. The application for administrative review is withdrawn under paragraph 34X(4) of the Immigration Rules.
See: https://www.gov.uk/government/uploads/s ... e_v6_0.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

suvalike
Member of Standing
Posts: 255
Joined: Sun Nov 04, 2012 9:07 pm

Re: Can I Submit New Application after AR decision. (within

Post by suvalike » Fri Mar 04, 2016 7:29 pm

amitpate wrote:Hello members,

I would like to know if I can submit a new Tier 1 Entrepreneur Application (Switch) (switching from Tier 1 (Graduate) Entrepreneur)
  • i) My current visa: Tier 1 (Graduate) Entrepreneur Visa.
  • ii) My Current Visa Expired: 5th Feb 2016
  • iii) My Application for Tier 1 Entrepreneur is refused.
  • iv) The deadline to submit Admin Review is 10th March.
  • v) My Passport and original documents is with HO.

In this case, can I submit a new (fresh) application from within UK?
  • a) Before 10th March (Before deadline to submit AR.
  • b) I submit AR & if it's refused again, then can I apply within 28 days of that decision of AR ?
Can I submit in both cases (a) & (b) above ? or either or none :(

Looking forward to hearing from you all.

Thanks for helping.

Can you please let us know, why was your application was refused ?

Thx

amitpate
Newly Registered
Posts: 8
Joined: Fri Feb 26, 2016 1:00 pm

Re: Can I Submit New Application after AR decision. (within

Post by amitpate » Tue Mar 08, 2016 12:40 pm

suvalike wrote:
amitpate wrote:Hello members,

I would like to know if I can submit a new Tier 1 Entrepreneur Application (Switch) (switching from Tier 1 (Graduate) Entrepreneur)
  • i) My current visa: Tier 1 (Graduate) Entrepreneur Visa.
  • ii) My Current Visa Expired: 5th Feb 2016
  • iii) My Application for Tier 1 Entrepreneur is refused.
  • iv) The deadline to submit Admin Review is 10th March.
  • v) My Passport and original documents is with HO.

In this case, can I submit a new (fresh) application from within UK?
  • a) Before 10th March (Before deadline to submit AR.
  • b) I submit AR & if it's refused again, then can I apply within 28 days of that decision of AR ?
Can I submit in both cases (a) & (b) above ? or either or none :(

Looking forward to hearing from you all.

Thanks for helping.

Can you please let us know, why was your application was refused ?

Thx
Plese have a look at : http://www.immigrationboards.com/uk-tie ... 04065.html

This shows all the details of visa refusal.

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