Out of time applications and ILR
- important new Court of Appeal case

The big issue is that If you do not make an application in time, firstly your application could be refused and secondly it could deny you the opportunity of applying for ILR.

So Has your visa application been made in time? 

There have been some recent changes to the law – don’t get caught out. Some have been favourable to applicants but this one is not.

If you are thinking of making an application or your visa is due to run out please get in touch with me as soon as possible.

Today’s I am going to discuss a new case of Ali in the Court of Appeal,  and the issue of whether immigration applications have been made “in time” or not. 

The issue in the case was whether an immigration application needs to be made before the expiry of the last visa, or whether it can be submitted in the grace period permitted under the Immigration Rules and still be considered “in time”. 

This is related to previous video on ILR and careful attention needs to be paid by anyone with temporary or limited leave to remain.

The question is what happens in cases where you make a visa application which is refused, and then you make a new application within the 14 day grace period. 

In the case of Ali, this is exactly what happened. Mr Ali’s made an application for a new visa before his old one expired. This was refused, so he applied again within the 14 day period. This application was also refused, and he tried to argue that his application had been made “in time” as it was in the 14 day period, and that he could therefore make another application.

The Home Office disagreed, as they continue in their crusade of making life as difficult as possible for migrants.

Mr Ali was successful in the Upper Tribunal, but the Home Office appealed to the Court of Appeal. 

Mr Ali lost his case in the Court of Appeal disagreed, who held that he could only get two attempts at having an in time application. 
This is incredibly frustrating as the Immigration Rules are a complete mess and this case had to go all the way to the Court of Appeal to decide what “in time” means. 
It is also disappointing that the Home Office continue to try to find ways to make life as difficult as possible for those seeking to regularise their stay in the UK.  

With all of the pressures of the Home Office and the court system, it is vital that you get applications off in plenty of time. Contact us now and we can make sure that your case is fully prepared well in advance of your visa expiring. 
If you need help in applying for a visa for the first time, we can also help. 
Contact us today.

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