Thanks for your question.
You should explain in the covering letter that you submit with the new application that you previously submitted an incorrect application which was returned to you. You should also enclose a copy of the letter you have received from UKBA.
You should submit the new application as soon as possible.
I hope this answers your question. If so, kindly click accept.
If you wish to discuss, please feel free to ask further questions.
I am afraid that it will be considered as an out of time application. However, if you provide the reason for the late submission, it should not affect your case greatly.
I hope this helps.
is it not the date that i sent my initial apllication that counts?
don't you think they would have told me to go back to my country to reapply if it was considered to be an out of time application?
No it does not. It is the date that you submit a valid application.
As you submitted the original application in time, albeit an incorrect application, your submission has been noted and you have been requested to submit a new application.
Had you been overtaying for a considerable time, it is likely that you would have been removed.
When they sent me the application back saying its invalid, they should have been aware that my visa had already expired. Don't you think that if I had to go back to my country to reapply, they would have clearly stated so?
Personally, what do you think? Should I go back to my country to reapply or do it here itself?
I mean when I contacted the Home Office enquiry service, they told me I had to go back to my country to reapply but when I told them that on the letter I received back, reapplying from my country has never been mentioned, they said they are just going by the guidelines...(they did seem uncertain and I cannot trust uncertain people at the moment)
I would suggest that you submit your application from the UK and do it as soon as possible.
If you leave the UK and submit an application, there is a chance that it will be refused.
It would be advised that you do. If you like, I may be able to suggest a solicitor for you, depending on your location.
As you know , the post study work visa works on a point based system, my application is genuine with all required documents, the only way that I could be refused is because it's an out of time application, right?
Will my legal representative be able to fight this it it happens?
Your legal representatives should be able to explain the oversight in their covering letter. If you meet the requirements in every other aspect you should be ok. In any event, you should also claim Article 2 of the First Protocol of the Human Rights Act 1998.
I do apologise, Article 2 will not be applicable if you are no longer studying.
Its a pleasure.
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