大家好,
27/09/2001我到达英国希斯罗
13/09/2011我寄的签证申请10年永居
12/11/2011早上收到拒信,
我现有签证是TIER 1, 27/05/2012到期。
我之前没有申请SAR,不记得有这些GAP了,理由如下:
GAP 1:(多数日期信息来自拒信)(01/11/2005 - 01/12/2005, 31天)
25/10/2005我把所有签证资料给了大学international study office的officer让她替我代发
31/10/2005我的学生签证到期
08/11/2005我的application submitted
02/12/2005 were granted leave to remain until 31/01/2007 as a student
拒信上说"You were without lawful leave between 01 November 2005 and 01 December 2005.”就算学校寄晚了,8号再寄,若干天后HO收到8号寄出去的application,那08/11/2005到01/12/2005这段时间也不能算是GAP吧?顶多就是01/11/2005 to 07/11/2005这7天GAP。而且是因为学校寄晚的,能有什么办法弥补吗?比如找学校当时的office开证明信?
GAP 2: (多数日期信息来自拒信)(08/02/2007 - 26/03/2007, 47天)
30/01/2007我自己把Fresh Talent application寄出
31/01/2007我的学生签证到期
07/02/2007收到notice letter说HO无法用我的debit card收取签证费,信上说:
“Your application cannot be considered unless and until the fee is paid. We are therefore returning your application to you.
If you want your application to be considered, you must return your application, together with the correct payment, within 28 day of the date on which you receive this letter.
If you do not return your application with the correct payment within 28 days, your application will be treated as having been withdrawn. In that event, if you still wish to apply for leave to remain in the United Kingdom, you will have to make a new application. Making a new application at a later date could affect your appeal rights, as you may only have a right of appeal against the eventual decision if the application is made before the end of your authorised stay in the United Kingdom”
12/02/2007我重寄出application plus payment
14/03/2007收到notice letter说HO还是无法从我的debit card收取签证费(我真想CAO死银行,怎么可能两次都不成功)信上说:
“On th 07 February 2007 we notified you of your failure to pay the prescribed fee in connection with your application. Over 28 days have passed since we notified you of your failure to pay and, as indicated in that letter, your application is being treated as having been withdrawn.
If you still wish to apply for leave to remain in the United Kingdom you will have to make a new application. A fresh application form has been enclosed for this purpose.”
15/03/2007我重寄签证(用postal order付款)
27/03/2007 were grant leave to remain until 27/03/2009.
拒信上说"You were without lawful leave between 08 February 2007 and 26 March 2007."
求助果友,我这个case怎么办?
因为我现有签证27/05/2012才到期,所以我不能appeal。
刚刚看见拒信上写了一条解释:
"When an application is submitted out of time i.e. after a previous period of leave has expired, the application is deemed to be without lawful leave from the day after their previous grant of leave expired until the day before their next period of leave is granted"那就是说只要申请在签证到期后寄出,那前后两个签证中间的间断全部算成unlawful stay?
那还有机会reconsider吗?
有人知道这句话来自何处吗?
HO上有解释unlawful stay的官方解释吗?