When is an immigration application considered to be made “in time”?

The court confirmed in a recent case law that an application is only considered to be ‘”in time” if it is submitted before the date of expiry of the person’s visa.

So when will your application not considered an “in time” application?

Paragraph 39E(2) of the Immigration Rules allows the Home Office to consider an application that is lodged after the refusal of an “in time” application where that second application is submitted within 14 days of the date of refusal or conclusion of any appeal or administrative review. This second application is not considered an ”in time” application.

Should the second application be refused, it is thereafter not possible to submit a subsequent application relying on paragraph 39E(2) of the Immigration Rules. An applicant is therefore not permitted to submit an application for a third time following the refusal of the second application.

Late applications should be approached with caution.

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