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Dear all, is it necessary to have an actual valid visa for 5 years before applying for BC? Would the coverage by 3C & 3D while the application was under consideration and than appeal process in progress be sufficient? The applicant was legally all the time in the UK. The applicant held an ILR for more than 12 months prior application for BC? Thank you.

4uvak000 wrote:Dear all, is it necessary to have an actual valid visa for 5 years before applying for BC? Would the coverage by 3C & 3D while the application was under consideration and than appeal process in progress be sufficient? The applicant was legally all the time in the UK. The applicant held an ILR for more than 12 months prior application for BC? Thank you.

Is the applicant EU citizen?

No, the applicant is a non-EU citizen. The applicant was refused and went for appeals, which took over a year. So at the time of the appeals the applicant did not hold any visa, but was covered by 3C section. Effectively the applicant was not in breach of Immigration rules during the last 5 years, but did not hold any visa during the appeals.

4uvak000 wrote:No, the applicant is a non-EU citizen. The applicant was refused and went for appeals, which took over a year. So at the time of the appeals the applicant did not hold any visa, but was covered by 3C section. Effectively the applicant was not in breach of Immigration rules during the last 5 years, but did not hold any visa during the appeals.

If a visa expires and granter later on even on appeal, applicant is not considered as over stayer so it should be counted towards qualifying period.

Thank you for your reply