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thanks for responding,
the flr(o) guidance notes which i applied on says as follows:-
16. YOUR STATUS WHILE YOUR APPLICATION IS BEING CONSIDERED If you and any dependants apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/ are decided.
also home office 3C and 3D guidance says:-
3C leave Section 118 of the Nationality, Immigration and Asylum Act 2002 added section 3C to the Immigration Act 1971 to prevent an applicant from becoming an overstayer by extending their leave while they are: • awaiting a decision on an in-time application, or • exercising a right of appeal against the refusal of such an application.
it clearly says that leave will be extended till application is decided. its very confusing . i dont know what to rely on .could you plz help
i came to uk in sept 13 on 3 year student visa.
i failed 1 module in 1st year and uni curtailed my visa . they said i could neither proceed to year 2 nor could stay in uk for only 1 module.
the uni informed home office in nov 14 and i recd curtailment letter in feb 15 and was given 60 days to make a new application. i made flr(o) application within the 60 days and requested 6 months extension to pass the module and change uni. i explained all the case to home office and send uni results and fee receipts to them.
i was awaiting decision and immigration officers came to my house informing me that i was an overstayer.
plz let me know if u need any more info
thanks for responding.
could u plz send the home office policy document link where it mentions that 3c does not apply if one is switching visa.
also could you send the policy document explaining one becomes overstayer after 21 days.
thanks for the help,
as i mentioned in my question that the home office didnt send me the refusal letter through post . the refusal decision date is 11 july and immigration officers served it on 27 july.
i enquired from the immigration team who came to the house why i didnt receive it on time through post. they said bcoz some people abscond after receiving the refusal so they didnt send it out in my case as they assumed i would run away.
later when i asked the immigration officer at the center they said i should have received the refusal letter on time through post and directed me to talk to my solicitor about this issue.
does the home office send refusal decisions through recorded delivery
5. No, the Home Office does not send letters through recorded delivery. However, here, you need to realise that you had overstayed before the letter was ever served upon you by the Immigration Officers.
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