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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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if am refuse an application and am not give a right to appeal

Customer Question

if am refuse an application and am not give a right to appeal can i just re apply and give them the document they requested from me? Because i was refuse an application because i did not add one of the document which i use to gain admission from university to my application,instead of UKBA to ask for the document they just refuse my application and i was not given a right to appeal... Can i re apply?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Did you application refer to the document or did it simply not mention it?

Tom
Customer: replied 3 years ago.

yes the application refer to the document, it was a mistake on my side not to have include it. but i have used the same document to apply to home office when i apply to study for degree,but now am spplying for another course and i did not include this document they refuse the application and asked me to leave the country base on my visa have expired.

Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

It’s a difficult situation I’m afraid.

You have two choices:-

1) Submit a fresh application with the missing document. The problem here is that your visa has expired which means that the UKBA have a general ground to refuse your application. If you submit a new application then you are in effect asking for the UKBA to exercise their discretion and consider the application out of time.

However, you would not be deported whilst they have this application before it is determined. Once it is determined (ie. either approved or rejected) then you could be deported

2) Submit the missing document and request a reconsideration of the application. The difficulty is that the document was not enclosed with the application and therefore the UKBA did legitimately refused the application. They could still do so even though you ask them to reconsider because of this. It does not cost any money for a reconsideration but it usually takes 2-3 months and there is nothing preventing the UKBA from issuing removal directions to deport you in the meantime.

There is no easy answer. With the fresh application you at least know you won’t be deported in the meantime but it does cost money and your chances of success and considerably diminished because your leave to remain has expired.

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Kind regards,


Tom
Customer: replied 3 years ago.

you did not include something,if i apply for reconsideration can i apply to marry when my document is under reconsideration because my Bulgarian girl for 2yrs have agree to marry me,i just want to have a reference to be able to marry

Expert:  Thomas replied 3 years ago.
Hi,

If you apply for a reconsideration then your passport will be with the UKBA. You need this to marry if you do not have a valid national ID card.

If you are to marry then I would suggest that you do this immediately and then apply for an EEA residence card rather than apply for reconsideration/new application because your chances of success are much improved because of EEA rights.

Please remember to rate my answer.

Kind regards.


Tom
Customer: replied 3 years ago.

Sorry am asking too many question. and am still going to rate you. Please will they allow me to marry knowing that they have refuse me and already ask me to leave,i was thinking if i put in for reconsideration or new application i can have a reference with Home office which will put me on a more safer side than not having any reference. Thanks this is my last question.

Expert:  Thomas replied 3 years ago.
Hi,

You do not have to get approval from the UKBA to marry, the old certificate of approval scheme has been abolished:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/43-abolition-of-coa

If you have your passport then you can marry.

There is no form of reference that you can get from the UKBA. You can simply marry by proving your identities with your passports and giving the appropriate notice of your marriage in the normal way.

Please rate my answer now.

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

I need you to write me a letter of reconsideration base on the last advise i was given. Thanks

Expert:  Thomas replied 3 years ago.
Hi,

No, I'm afraid that this website is for general advice only.

You need to instruct a solicitor locally if you wish for a solicitor to do that I am afraid.

Tom
Customer: replied 3 years ago.

thanks,but do i need to write a letter reconsideration or do i just forward my missing document to ukba for them to reconsider it?

Expert:  Thomas replied 3 years ago.
No. You need to write a letter requesting reconsideration.

Basic guidance here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/reconsider/

Tom

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