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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2088
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello I applied for entrepreneur visa in september 2012

Resolved Question:

Hello

I applied for entrepreneur visa in september 2012 and received refusal letter 10 days ago with a RIGHT to APPEAL. My current visa status is now expired.

Can I appeal and simultaneously apply for a fresh application through different route?

Do I have a right to apply for new application at all (within UK) in 28 days?

Can I appeal as well as apply afresh through a different route?

Please suggest!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

1. Unfortunately no, you cannot appeal and make a fresh application at the same time. This is because if you submit a fresh application your appeal will become invalid, because you cannot have two things being processed by the home office.

2. Yes there is nothing preventing you from submitting a new application within 28 days from the date you received your refusal letter. But what you must bare is that if you appeal your leave to remain will automatically be extended under paragraph 3D. So say you appealed and then the appeal was refused, your leave to remain would have been extended until a decision was made on your appeal and then you would have 28 days within which to submit an application which the home office will accept.

3. What you may wish to do is apply for what's called an administrative review and appeal at the same time. Please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/administrative-review/

If the home office upholds your decision then continue with the appeal, if they decide to accept that they made an incorrect decision then just withdraw the appeal.


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2088
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello


 


Thank you for quick reply. I rated you good!


 


Say, I proceeded with an appeal (I currently applied for 50k tier 1 entrepreneur route which was refused). Can I withdraw the appeal at any time and then apply through a different route.


 


Currently, I am waiting for bank letter and statements. I am worried what if I do not receive the bank documents in time for new application (28 days from refusal date).


 


I am only wondering if I simply submit an appeal now and withdraw the appeal once I have bank documents in hand (so that I can apply through the 200k route?)


 


I was been told that the bank letter for Tier 1 entrepreneur visa (confirming 200k balance) is valid for 3 months from the letter issued date and bank statements are valid for 28 days from the issue date. Is this true?


 


Please suggest.


 


Best Wishes

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Essentially yes you can withdraw the appeal and apply under a different route should you wish.

2. I respect of the bank letter then I would suggest that the bank letter is not older that 2 months just to ensure that by the time an immigration officer sees the letter it would be around 3 months old. Yes the bank statements should not be older than 28 days from the date you submit the application.


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hi


 


Thank you. Need a bit of clarification with the point below


 


1. Essentially yes you can withdraw the appeal and apply under a different route should you wish.


 


Is it still the case when current visa status is expired? Should I be able to apply within UK in new category within say 10 days from withdrawing the appeal? Or should I go back to my home country to apply?


 


Thank you.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The home office has stated that they will accept an application from inside the UK provided that it is made within 28 days from the date of expiry of your current visa.

You can essentially write to the tribunal withdrawing the appeal and once you have confirmation of the withdrawal submit that with your application and your application should be accepted.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2088
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello


 


Thank you.


 


One question, is it 28 days from the visa refusal dated letter or is it 28 days from the receipt date. Receipt date is black ink stamped on the letter.


 


Please advise.


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The time usually starts from the date of receipt and not the date of the refusal letter because the letter can be held up in the post and this would not be fair for the applicant to be prejudiced because of this.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2088
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you

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