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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Case is as follows:- Tier 1 PSW Visa expiry 27 Jan 2104. Tier

Resolved Question:

My Case is as follows:-

Tier 1 PSW Visa expiry 27 Jan 2104.
Tier 1 Entrepreneur Applied on 26 Jan 2014.
Received second letter biometric: Letter Date 13 March 2014 stating i now have 17 working days form the date of this letter.
Biometric Given on : 7th April 2014 at 9:30 AM
Application Invalid letter received on 10 April 2014 (This letter dates 7th April 2014)
Reason failed to provide biometric.

I delayed Biometric as i was 100% sure that i was not going to get Ent Visa due to my documentation. I was trying to buy in some time.
In the mean time i found the sponsor and has actually issued COS for Tier 2 Visa on 10th April 2014. Sponsor was going to issue COS in 7th April 2014 but due to technical problem in home office website they were not able to issue COS.
Now i have COS but due to few days delay my pre. Application is invalid, will i be able to apply for Tier 2 Visa. What is my current status when i apply?
Will i be treated as OVERSTAYER? Can i able to apply within 28 days of notice date from 7th April 2014.

What is the proper course of action, i should follow?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I have good news.

You fall within the 28 days grace period which begins 2 days after 7 April 2014, so you should reapply as soon as possible and ensure that you enrol for biometrics this time.

Hope this helps
Expert:  UKSolicitorJA replied 3 years ago.
See here for proof how the 28 days is calculated just to back my answer up

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/298502/Overstayers_v5.0EXT.pdf
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX open the link you have provided as full link is not displayed.


 


What will be my immigration status in next 28 days. OVERSTAYER or PSW Holder.


 


E1. What is your current immigration status?
I have leave to enter / remain for a limited period
I am an EU national / family member of an EU national
I am exempt from immigration control
I had leave to enter / remain for a limited period, but leave has now expired
None of the above


 


I need to fill the form


 


 

Expert:  UKSolicitorJA replied 3 years ago.
The last option applies to you, you are an overstayer but within the 28 days grace period so you should reapply ASAP.

Hope this clarifies
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