Page 1 of 2
Long residence 28 days overstay
Posted: Wed Jul 24, 2013 3:08 pm
by Universal soldier
whats the meaning of the below sentences in long residence chapter if someone want to apply 10 years lawful residence - ILR.
Indefinite leave
The applicant must meet the following requirements:
Applicants must not be in breach of immigration laws,
except for any period of overstaying:
o for 28 days or less, or
o if the application was submitted before 9 July 2012
which will be disregarded.
If somebody overstayed more than 28 days let say 40 days before 9 July 2012 then will it be acceptable under above writing in last sentence.
Re: Long residence 28 days overstay
Posted: Wed Jul 24, 2013 3:58 pm
by Amber
Universal soldier wrote:whats the meaning of the below sentences in long residence chapter if someone want to apply 10 years lawful residence - ILR.
Indefinite leave
The applicant must meet the following requirements:
Applicants must not be in breach of immigration laws,
except for any period of overstaying:
o for 28 days or less, or
o if the application was submitted before 9 July 2012
which will be disregarded.
If somebody overstayed more than 28 days let say 40 days before 9 July 2012 then will it be acceptable under above writing in last sentence.
It says if the
application was submitted before 9 July 2012. When do you overstay, for how long and why?
Posted: Wed Jul 24, 2013 6:29 pm
by Universal soldier
That issue was in 2009 very before to july 2012. Student extension was refused for which was applied before visa finish. On refusal a fresh application has submitted on the 9th day from date of refusal letter. It was approved in 40 days. Sar report no where mention how many days 2nd application was out of time/overstay.
28 days overstayed
Posted: Wed Jul 24, 2013 9:46 pm
by hassenpk
Hi guys,
I have the same issue regarding 28 days .
In 2009 visa expiration date 31/07/09
I applied à week back for extension in june 22/06/09
Due to error in my application it was return 11/08/09
Rectify thé error and rapplied next day 12/08/09
Recived confirmation that application pass to case worker on 18/08/09
Visa granted 10/09/09
My question is Am i overstayed between thé period when application return due to error or breaching Any rule ? Thanks
Kind regard
Posted: Wed Jul 24, 2013 10:06 pm
by Amber
The 28 day overstay period would start from the day in which you received notification of invalidity of an intime application so you should be ok.
Posted: Wed Jul 24, 2013 10:20 pm
by Universal soldier
Long residence 2013 also say that 28 dayys from leave expiry/section 3C counts. Do you think in above scenario 1st application was in time and will get section 3C even refused later. Then 2nd application applied which was out of time but within 28 days overstaying limit and will be fine.
28 days overstayed
Posted: Thu Jul 25, 2013 1:03 am
by hassenpk
Thanks for the prompt reply . so the application was invalid from the date 11/08/2009 .And 28 days start after invalidation point and follows till the new
application is launch or the day which ukba acknowledge the application in my case the acknowledge was received on 18/08/09 please rectify me if i am wrong Thank you .
Posted: Thu Jul 25, 2013 4:09 am
by Amber
Indeed, see pages 20 and 21 of the
long residence guidance (click)
Posted: Thu Jul 25, 2013 3:29 pm
by Universal soldier
Universal soldier wrote:Long residence 2013 also say that 28 dayys from leave expiry/section 3C counts. Do you think in above scenario 1st application was in time and will get section 3C even refused later. Then 2nd application applied which was out of time but within 28 days overstaying limit and will be fine.
Posted: Thu Jul 25, 2013 3:35 pm
by Amber
See the above link, it says 28 days from the latest of the following....
Posted: Thu Jul 25, 2013 4:17 pm
by Universal soldier
Universal soldier wrote:That issue was in 2009 very before to july 2012. Student extension was refused for which was applied before visa finish. On refusal a fresh application has submitted on the 9th day from date of refusal letter. It was approved in 40 days. Sar report no where mention how many days 2nd application was out of time/overstay.
Thanks amber. You think that as in above situation the 2nd application will fall in those following as you told in page 20_21.
28 days overstayed
Posted: Thu Jul 25, 2013 7:47 pm
by hassenpk
D4109125 wrote:The 28 day overstay period would start from the day in which you received notification of invalidity of an intime application so you should be ok.
Please could also help me with that question.
overstayed period count from the point of invalidity towards acknowledgement letter that application passed to caseworker or new visa granted
.
Kind Regards
Hassan
Posted: Thu Jul 25, 2013 9:03 pm
by Amber
Sorry if you look at page 17, if you make the application out of time within 28 days, it will not break the continuos residence requirement.
28 days overstayed
Posted: Thu Jul 25, 2013 9:56 pm
by hassenpk
D4109125 wrote:Sorry if you look at page 17, if you make the application out of time within 28 days, it will not break the continuous residence requirement.
Gap(s) in lawful residence
You may grant the application if an applicant:
has short gaps in lawful residence through making previous applications out of time by
no more than 28 calendar das, and
meets all the other requirements for lawful residence.
According to page 17 quoted above . When my application return due to error on letter dated 11/08/09 ( gap count from that point towards i file the application again or i receive application acknowledgement of application or visa granted) .
Thanks
Amber
Posted: Thu Jul 25, 2013 10:13 pm
by Amber
28 days from the decision of your in time application thus an out of time application.
28 days overstayed
Posted: Fri Jul 26, 2013 2:44 am
by hassenpk
D4109125 wrote:28 days from the decision of your in time application thus an out of time application.
Well the decision on in time application when it become invalid and the gap of out of time application is 8 days. Hopefully i will be fine well thanks a lot anyway sharing precious knowledge and showing right direction .
Thanks
Amber
28 days overstayed
Posted: Sat Jul 27, 2013 9:50 am
by hassenpk
Hi guys ,
Just last week my friend ilr get rejected he got the same situation as like mine and i spoke with his solicitor he told me they exercise section 3c on his case . And count the days from the day when his visa expired towards new visa granted as he made silly error in his application just like i did .
Kind Regards.
Posted: Sat Jul 27, 2013 9:57 am
by vinny
Section 3C is not applicable, if the
application was out of time. However, there is a
concession, relating to invalid applications.
Posted: Sat Jul 27, 2013 1:08 pm
by Amber
The gap from the decision of the in time application and subsequent application was less than 28 days, so I don't understand why you keep asking?
Posted: Sat Jul 27, 2013 3:45 pm
by hassenpk
Well sorry why i am asking same question because my friend application get refused with the same reason and i spoke with his solicitor what he told me they count gap from the expiry of a visa till new visa granted
Dates of expiry Visa 1/03/2004
Visa granted : 7/06/2004
Gap is approximate 90 days what his solicitor told me .Because of his fault application was
return so they calculated the time period from the day visa expire and the day visa granted .
Now no more question
Thanks
Vinny
Guru
Posted: Sat Jul 27, 2013 4:53 pm
by Universal soldier
But my situation is different. I sent tier 4 extension 1.5 months before visa end which processed 4.5 months and refused. Then they given 10 days to appeal but before this 10 days deadline end i submitted fresh application for same course which approved in 35 days. Does it mean that 1st application extended till refusal with section 3C and 2nd application is 10 days less out of time which will be forgiven as single gap. And my sar report (5 kg weight) does not mention anywhere the number of days out of time application.
Posted: Sun Jul 28, 2013 11:53 am
by hassenpk
Universal soldier wrote:But my situation is different. I sent tier 4 extension 1.5 months before visa end which processed 4.5 months and refused. Then they given 10 days to appeal but before this 10 days deadline end i submitted fresh application for same course which approved in 35 days. Does it mean that 1st application extended till refusal with section 3C and 2nd application is 10 days less out of time which will be forgiven as single gap. And my sar report (5 kg weight) does not mention anywhere the number of days out of time application.
According to my understanding If you make fresh application means you have withdraw your appeal .It means your clock stop .Correct senior member if i am wrong .Well if is not mention in your sar report then you need to see solicitor .
Posted: Sun Jul 28, 2013 3:23 pm
by Universal soldier
I did not appeal how can i withdraw and but sent fresh appliation within legal 10 days deadline that approved in 35 days.
Posted: Sun Jul 28, 2013 4:15 pm
by sheraz7
Long residence guideline 2013 is the most cleared version than older which very clearly answers both OP's quetions. 1st OP will be benefitted for 28 days concession from refusal decision where section 3C ends and 2nd OP will be benefitted from the date of invalidity notice.
FOR MIND SATISFACTION, IF STILL HAVE DOUBT THEN BETTER INCLUDE THIS LONG RESIDENCE CHAPTER WITH APPLICATION AND POINT TO CASEWORKER THE PAGE 20-21.
Posted: Tue Aug 13, 2013 7:30 pm
by Soban
hassenpk wrote:Well sorry why i am asking same question because my friend application get refused with the same reason and i spoke with his solicitor what he told me they count gap from the expiry of a visa till new visa granted
Dates of expiry Visa 1/03/2004
Visa granted : 7/06/2004
Gap is approximate 90 days what his solicitor told me .Because of his fault application was
return so they calculated the time period from the day visa expire and the day visa granted .
Now no more question
Thanks
Vinny
Guru
Did he make an in time application or did he apply after his visa had expired?