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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Tom, please what section of the UK immigration law says

Resolved Question:

Hi Tom, please what section of the UK immigration law says (1)an applicant can't submit another application to the UKBA if one is pending.
(2) second refusal of visa application may lead to automatic remover.

Thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

May I answer tomorrow morning please?

Tom
Customer: replied 1 year ago.
ok Tom I'll be expecting your answer.

Thanks.
Expert:  Thomas replied 1 year ago.
Thanks.

Tom
Expert:  Thomas replied 1 year ago.


Thanks for your patience.

1) There is no such immigration rule which states that you cannot submit another application whilst one is pending if you still have leave to remain. You just either submit the application with a covering letter referring to the evidence subtmitted with your previous application, or request the pending aopplication is returned to you and then submit a completely new fresh application.

If your leave to remain has expired and you submit an application then the UKBA can refuse on the basis that you are an overstayeso it is a discretion of the caseworker, . However if you submit a further application whilst one is pending then they can either consider it or refuse the earlier one. If you otherwise meet the eligibility criteria or are married/have children then they will generally consider it because their prospect of being able to deport are reduced.
2) If they refuse either the first of the second then your status would remain that of an overstayer. This is a breach of the immigration rules and therefore the UKBA can issue deportation proceedings because they are empowered to regulate immigration within the UK so this includes deporting (after a tribunal hearing for removal directions) people without leave to remain. The decision of whether they will or not is a pragmatic one – if they are likely to be successful then they may attempt to remove, if they are not then they won’t .

Your pending marriage is your best card here, but it would be better if you were married because you would then be elgible to apply for an EEA family permit and so would be able to argue, probably successfully, at a removal tribunal that it would be disproportionate and unreasonable to expect you to be removed to your home country only to make an applcatoin a coupe of weeks later and to return to the UK


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 1 year ago.
Hi, is there a way you can check before your wedding date if ukba will come on that day to disturb the ceremony ?
Expert:  Thomas replied 1 year ago.
No. THere is no way to check

I have to go to bed now I'm afriad.

Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

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