OUT OF TIME VISA APPLICATION: PLS HELP

[chaitanyamahaprabhu1]

Dear All,



I applied for my Post stusy Visa on 19th Jan'10.
I received acknowldegement letter from UKBA on 26th Jan (Dated 24th Jan),
£ 550 was deducted from my bank accoun on 26th Jan'10.
I received Biometric Letter on 1st Feb'10 (dated 29th Jan'10)
I did my biometric on 2nd Feb'10.


My visa expired on 31st Jan and on the same day I realised that I had used wrong visa application form.On 1st Feb I called up UKBA and the customer advisor told that I could send them the correct form with covering letter explaining my situation.

On 1st'Feb'10 I sent UKBA a new application form along with covering letter (explaining them abouit my situation as well as about the documents, photos sent to them with my previous application and fees been deducted ) by express delivery ( The second application form was excatly filled like the earlier one and signed on 29th Jan'10).

On 10th Feb'10 agian £ 550 was deduced from my bank account but I did not receive any acknowldegement letter for it. Upon speaking to the customer advisor from UKBA she told me that my first application will be considered invalid and the second application is out of time and hence rejected I will not have right to appeal.

I have submitted with my application two bank statements of the same bank and account number. One is dated 7th jan'10 amd the other is dated 31st jan'10. ( As my Loyds tsb bank intially sent me my statement just for month of Dec'10 later I requested from Sept'10 onwards. And in second time they just sent for Sept'10 - Nov'10 dated 7th Jan'10.

So, now my question is in the above circumstances will I get my PSW visa?

1) Will they consider my second application form:

a) It is out of time: applied on next day of my visa expired.
b) The bank statement (One is dated 7th Jan and the other is dated 31st Jan'10) where the second one is more than 30 days.

2) Is there any remedy/course of action that can be taken before the Home Office decides on my application.

3) Will I not have any issue with the second form( where I did not mention tht my visa expired and have filled the form as the earlier one.)

I would be really very grateful if you could help me.

Many Thanks,

Dipti

[vinny]

A leave to remain application under 245FD shouldn't be rejected solely because it was out of time

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

However, if it's refused for some other reasons, then you will not have a right of appeal. Moreover, if you overstay for over 28 days, then you risk an automatic one-year ban.

If you didn't withdraw your earlier in-time application and it hasn't been declared invalid, then see also Confused re. section 3c,3d of Immigration Act.Please advice.

[chaitanyamahaprabhu1]

Finally with prayers of all my friends nwell wishers n causeless mercy of the lord Sri Krishna I got my Visa.

[PSW WORRIES]

A leave to remain application under 245Z shouldn't be rejected solely because it was out of time

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

However, if it's refused for some other reasons, then you will not have a right of appeal. Moreover, if you overstay for over 28 days, then you risk an automatic one-year ban.

If you didn't withdraw your earlier in-time application and it hasn't been declared invalid, then see also Confused re. section 3c,3d of Immigration Act.Please advice.

Interesting article, Vinny, I searched for the link - leave to remain application under 245z, apparently is missing.

I wish to make an out of time application and I am looking for case laws to justify my late application.

[vinny]

Sorry, it's now 245FD(f)

[PSW WORRIES]

AM DOING AN OUT OF TIME APPLICATION AND I AM HAVING PROBLEMS ANSWERING QUESTIONS ABOUT MY IMMIGRATION STATUS.

D11: CURRENT IMMIGRATION STATUS??? visa expired feb 2012

D29: Does applicant currently have an appeal with the asylum and immigration tribunal which is yet to be heard? YES, i have a tier 4 appeal pending.

D31: Has the date of applicants leave , as stated in his/her passport now passed? Y provide additional grounds to the outstanding appeal.
YES, but it says "applicant is not able to submit fresh application. However they can , if they wish