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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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visa refused

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Hi. I came to the uk on the 20/01/2004 with a uk ancestry visa. After the 4 years I applied for an extention however I applied late on the 08/02/2008 and my payment details were wrong so they sent it back. I corrected the details and resent my application which was accepted and they granted my extention from 01/05/2008 untill 01/05/2013. I have recently applied for indefinate leave to remain and paid the fee but Ive been refused under paragraph 193, with reference to paragraph192(ii) of HC 395C(as amended). Im refused because when I applied for my extention I did not hold valid leave to remain. Ive been over here for more that 7 years now and my question is: can I do anything to overturn the refusal?

Awan-Legal : Hi
Awan-Legal : You should definitely write to them aaking them to reconsider their decision as they should exercise discretion in your case based on you human rights and if the lateness/non-payment was for genuine reasons. Also, you may still appeal on human rights grounds as the law allows you to do so when there is no right of appeal. It is all very technical and I would advise that you find a solicitor through the SRA or an OISC level 3 registered advisor to assist you to give you a good chance of success.
Awan-Legal : The Home Office may still uphold the refusal as you do not technically meet the rules and have overstayed but I think you will still have a good chance on discretion/human rights with good legal representation.
Awan-Legal : Please click accept on my answer and let me know if there is anything else we can help with.
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