# Refuse of extension of stay coz visa expired.



## shendean (Feb 5, 2013)

I have been refused for Flr-M extension visa here in the Uk. i applied on sept 20. and my visa expired on sept18 but the application was accpted the only problem is the payment coz theres no money in the card. so we have reapplied again by oct and get acknowledgment letter by nov10. and i give Bio on Jan30 2013. Got refusal letter March 5 2013 due to the expiration date of my visa. It says i cant make an appeal.
So what we gunna do now i called the local enforcement which says on the letter of refusal to make arrangement of departure. But the lady we spoke in the enforcement says its reallt up to you if we can make an appeal. and she give us the number of the solicitor to discuss about it.

Im trying to say here is what the best way to do.. Reapplied in my home country?
or continue of the solicitor?

Am i ban to come back here in the uk? How long can i reapplied again?


Please Help Anyone?!!


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## Joppa (Sep 7, 2009)

shendean said:


> I have been refused for Flr-M extension visa here in the Uk. i applied on sept 20. and my visa expired on sept18 but the application was accpted the only problem is the payment coz theres no money in the card. so we have reapplied again by oct and get acknowledgment letter by nov10. and i give Bio on Jan30 2013. Got refusal letter March 5 2013 due to the expiration date of my visa. It says i cant make an appeal.
> So what we gunna do now i called the local enforcement which says on the letter of refusal to make arrangement of departure. But the lady we spoke in the enforcement says its reallt up to you if we can make an appeal. and she give us the number of the solicitor to discuss about it.
> 
> Im trying to say here is what the best way to do.. Reapplied in my home country?
> ...


When did you re-apply? If it was more than 28 days from visa expiry (i.e. after 16th October), then you were out of time and you were correctly refused. There is normally no right of appeal for out-of-time application, and you have presumably exceeded the 28-day grace period. You can ask for consideration on compassionate grounds, such as serious illness or war in your country of origin, but I assume there isn't any.

So the only route open to you is to return home (you normally have 28 days to leave UK after getting your passport back) and re-apply for spouse visa, under the new rules, from there. Because of your refusal, your case will receive greater scrutiny. But since I don't know all your details, talk to an immigration advisor before doing anything.


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## shendean (Feb 5, 2013)

Joppa said:


> When did you re-apply? If it was more than 28 days from visa expiry (i.e. after 16th October), then you were out of time and you were correctly refused. There is normally no right of appeal for out-of-time application, and you have presumably exceeded the 28-day grace period. You can ask for consideration on compassionate grounds, such as serious illness or war in your country of origin, but I assume there isn't any.
> 
> So the only route open to you is to return home (you normally have 28 days to leave UK after getting your passport back) and re-apply for spouse visa, under the new rules, from there. Because of your refusal, your case will receive greater scrutiny. But since I don't know all your details, talk to an immigration advisor before doing anything.



Hi Joppa! But when we applied on the first yes i got the limit of expiry and they say to make a new application. on the secnd time also why did they accpt my application and not telling us earlier and done my bio as well.. My passport is not with me its the UKBA retain it. Why im in the New Rules? i been here 2010 as a fiancee.


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## Joppa (Sep 7, 2009)

shendean said:


> Hi Joppa! But when we applied on the first yes i got the limit of expiry and they say to make a new application. on the secnd time also why did they accpt my application and not telling us earlier and done my bio as well.. My passport is not with me its the UKBA retain it. Why im in the New Rules? i been here 2010 as a fiancee.


They don't 'accept' your application as such until they actually start processing it. Going to biometrics doesn't mean you were cleared to apply. 
If your application is turned down (as you say you have been, but how do you know? Haven't they returned your documents with a covering letter?) and you can't/don't appeal and leave UK, you are no longer under the old rules and any application you make from home will be under the new rules. It's pity you couldn't apply successfully first time on Sep 20th because of lack of funds. And how come you have been in UK since 2010 as fiancée but applying for FLR now? Isn't it SET(M)? I haven't read your earlier posts to update myself on your immigration history.


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## shendean (Feb 5, 2013)

Joppa said:


> They don't 'accept' your application as such until they actually start processing it. Going to biometrics doesn't mean you were cleared to apply.
> If your application is turned down (as you say you have been, but how do you know? Haven't they returned your documents with a covering letter?) and you can't/don't appeal and leave UK, you are no longer under the old rules and any application you make from home will be under the new rules. It's pity you couldn't apply successfully first time on Sep 20th because of lack of funds. And how come you have been in UK since 2010 as fiancée but applying for FLR now? Isn't it SET(M)? I haven't read your earlier posts to update myself on your immigration history.




I applied on a Fiancee Visa on 2010 and get maried here august 2010. And applied of spouse visa here 2010. Spouse visa Expired on sep2012. and i do the extension coz i havent pass my Language Test.


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## Joppa (Sep 7, 2009)

shendean said:


> I applied on a Fiancee Visa on 2010 and get maried here august 2010. And applied of spouse visa here 2010. Spouse visa Expired on sep2012. and i do the extension coz i havent pass my Language Test.


So after getting your extension, you were hoping to pass the LITUK test and apply for settlement?
And they have turned you down for extension, by letter? Why are they retaining your passport? You should have got it back with your other supporting documents and rejection letter.
As I've said, if you are forced to return home, you are no longer on old rules and any application you make will be considered under the new rules and you have to live in UK for 5 years before eligible for settlement, and meet financial requirement at every stage.


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## shendean (Feb 5, 2013)

i do the extension because not pass the test yet. they retain my passport coz they want me to depart here in the Uk an cant make an appeal.


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## Joppa (Sep 7, 2009)

I see. That sounds serious. So they are waiting for you to make arrangement for voluntary departure, and if you dont, they will take steps to arrest and remove you. In a case like this, for someone liable for removal, they normally retain your valuable document such as passport, and will only return if you tell them you are leaving voluntarily, and will only hand it back at the airport on the day of departure. Your movement will be monitored and they make sure you actually board the flight.

See http://www.ukba.homeoffice.gov.uk/s...-documents/valuable-documents.pdf?view=Binary

I fear you have no option but to return home and re-apply under the new rules. But do speak to an advisor.


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## astonia 7 (Jan 11, 2013)

My husband got his visa turned down, although we requested to UKBA to withdraw his application. We thought it would be because he applied while here on a visitors visa, but the letter said he was turned down because of finances? Well we make over $150,000 and have more than required amount in savings so not sure what went wrong. They never gave him an exact date to leave, it just said as soon as possible. We are leaving first week of April to go to Spain, I just hope that is considered asap. It never said when we could return really confusing letter. Oh well we have our paperwork back and on our next leg of our adventure.


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## shendean (Feb 5, 2013)

Joppa said:


> I see. That sounds serious. So they are waiting for you to make arrangement for voluntary departure, and if you dont, they will take steps to arrest and remove you. In a case like this, for someone liable for removal, they normally retain your valuable document such as passport, and will only return if you tell them you are leaving voluntarily, and will only hand it back at the airport on the day of departure. Your movement will be monitored and they make sure you actually board the flight.
> 
> See http://www.ukba.homeoffice.gov.uk/s...-documents/valuable-documents.pdf?view=Binary
> 
> I fear you have no option but to return home and re-apply under the new rules. But do speak to an advisor.



Yes we got book for this afternoon to see the solicitor. but it says on my refusal i cant make an appeal the local enforcemnt also i can if i wanted it too.
How long does it take to make an appeal? and if i do that i have been overstaying here. isnt it?


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## astonia 7 (Jan 11, 2013)

shendean said:


> Yes we got book for this afternoon to see the solicitor. but it says on my refusal i cant make an appeal the local enforcemnt also i can if i wanted it too.
> How long does it take to make an appeal? and if i do that i have been overstaying here. isnt it?


Hope everything works out for you Shendean, I think the overstaying starts from the day you receive your letter and paperwork back. Although my husband was refused a visa they didn't specify when we had to leave, it just said as soon as possible they never mentioned 28 days, but they did send him his passport back. Also I would think if you file a formal appeal you shouldn't be classed as an overstayer. But who knows, it gets very confusing...


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