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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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what advice will you give me? i made an application for a tier

Customer Question

what advice will you give me? i made an application for a tier 4 student visa in November and my actual visa ran out on 09 November 2011. I have received a reply from home office and I was declined. I however want to make a fresh application as i didn't put information about my spent conviction which i didn't know I had to as it was a spent conviction. I also cant make a fresh application until I have the right amount in my bank for 28days. Do I make an appeal until I will be in a better position to make a fresh application which will be about 20 January 2012. I received my refusal letter on 22 December 2011. or do i just apply as an over-stayer when i have my documents.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Appeal. If you do not you no longer have leave to remain and must leave the country. You have no right to make a subsequent application except from overseas. You can however submit further or additional evidence in the relation to your appeal.
Customer: replied 5 years ago.
I have been told I can make a fresh application by my university. And if I do appeal
There is a chance I won't
Win the case as I didnt
Mention my spent sentence
In the visa application
Expert:  Senior Partner replied 5 years ago.
if you leave has expired you cannot reapply from here within the rules and will be rejected. The only way round this - which I have never done and is very high risk but has worked for some people is to appeal submit an fresh application and on the same day withdraw the appeal. You cannot reapply under the rules whilst you have an appeal pending and once you withdraw it of course you become unlawfully here. They can consider further evidence on appeal and treat it as a variation of the original application.
What was your conviction and why did you not mention it? If you afield to disclose they are entailed to reject future application aswell. What did your notice of refusal say?

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