15 November 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org - Ph: 0330 001 0342 or 07791145923

>>> Visa refused ? It is not all lost. Know your rights – a very useful paragraph of the UK immigration Rules – exceptions for overstayers : https://www.gov.uk/guidance/immigration-rul...-the-uk#pt1stay

Para 39 :

Exceptions for overstayers

1. 39E. This paragraph applies where:

1. (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

2. (2) the application was made:
1. (a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
2. (B) within 14 days of:
1. (i) the refusal of the previous application for leave; or
2. (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
3. (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
4. (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Practical use of para 39E.

Say, someone has his/her (extension) application refused in the UK and appeals. The appeal process nowadays in the UK takes sometimes more than a year, so in case of the above applicant can then meet the relevant immigration Rule(s), he/she may withdraw the appeal and make a fresh application within the 14 days. The applicant would then benefit from the provision of the above para 39E and not be treated as an overstayer. Therefore it is then possible to even lodge a same day service (extension) application at the UK BA Premium Service Centre (PSC).

Note, though, that the applicant in the above scenario may not make a fresh application whilst she/he is on the Section 3C leave (that is, while the appeal is pending following a refusal of the previous immigration application. The general opinion is that those UK BA caseworkers at the PSC tend to be more forgiving than the caseworkers somewhere at the postal application end, who one never gets to see. The bottom point is that, if one's appeal is bound to fail, it would be good to consider a new application.

Are you or your friends and family members in a similar situation ? We may be able to help. See our friendly web-site and read the reviews at www.legalcentre.org