on July 12, 2022
Our client, a Pakistani national, had accidentally missed the deadline to extend his Sole Representative visa. He had mistakenly applied for a biometric residence permit (BRP)replacement instead of the Sole Representative visa extension. It had been three months and the Home Office had not replied to his application.
Our client sought advice regarding his immigration status after the Home Office failed to respond to his application for a replacement BRP. When he attended our offices, his intention was to find out how he could quicken up his decision as he needed to travel. We advised that he had in fact submitted the wrong application and that unfortunately, he had overstayed his visa. Our client was extremely worried as he had built up a strong business in the UK and did not wish to have to leave the UK and close his business.
During our initial consultation, we reviewed his application to the Home Office and subsequent chase-up letters. We advised him that he should immediately submit the correct application and withdraw the application he had submitted for a replacement BRP.
We advised our client on the types of documents needed for the application.He advised that most of these documents were with his accountant; however, they could be made available to us as soon as possible. We also liaised with the parent company in Pakistan to advise on what would be needed from them.
After receiving and reviewing his documents, we drafted the correct online visa application form and the legal representations. We felt that the legal representations needed to be strong but at the same time, requesting the Secretary of State for the Home Department (SSHD) to exercise her discretion in relation to the short period of overstaying.
After a period of nine weeks, the Home Office notified us that the application had been successful and more importantly, the client’s route to settlement remained unaffected.The client was extremely happy with the outcome as he had become concerned about the future of his business.