ineedhelp99 wrote:Hi Marcnath, thank you for your reply.
Just to understand, does that mean one can also apply as a tier 2 dependent within them days that are allowed after T1 extension refusal?
I thought after refusal if you changes category than you become over stayer as your current leave was finished and now you are applying in a different category?
Also is it normal that you always gets 14 days or 28 days after refusal to make fresh application? If not, do you know any specific scenario or example when this isn't allowed.
Could you please help me with these as well.
JJ
Once all the appeals are completed, you become an overstayer.
So whether you apply for the same category or a new one, you will be applying as an overstayer. And it is only 14 days which allows an exception for overstayers.
Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
