clarification on new rule 14 days grace period
Posted: Tue Jun 06, 2017 4:43 pm
Hi there,
I will be soon be able to apply for ILR based on 10 years residency. However during those 10 years I had a gap of 9 days as "overstayer" . Basically on 2014 my university extension (which was on time) got refused and I decided to appeal on 2 instances. However the first instance was rejected and on the second one since I thought I will also get it rejected i withdrew it and from the day I get notified that the wihtdrawal went throught until I submit a fresh application it passed 9 days. I made a fresh application which was eventually accepted and from there onwards I been legally on different tier (tier 2). Problem is with this new laws of abolishing 28 days grace period will that affect how my ILR will be counted> I know it was still less than 14 days as it is counted from the day I received the letter from tribunal acknowlodging i withdrew my application until I made a fresh one (9 days gap for me) however reading about this rule it confuses me the fact that it says it needs to have a valid reason to do so. Is that also for ILR or only when you make the out of time application? Asking cause my excuse was that I withdrew my appeal as wanted to speed things up. I copy what I found on the internet about this:
For policy reasons, this ‘grace period’ has now been abolished – at least in relation to applications submitted from today. Instead, the rules now provide that an application will only not be prejudiced if it has been made within 14 days of the expiry of leave.
In addition, there must be good reason for the delay. The application will only be considered if ‘the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative’ as to why the application was not made in time.
At the time of writing it is unclear as to what circumstances will fall within the remit of ‘good reason’.
Will this "good reason" will need to be given on ILR applications or only when making out of time application? Any help will be appreciated.
I will be soon be able to apply for ILR based on 10 years residency. However during those 10 years I had a gap of 9 days as "overstayer" . Basically on 2014 my university extension (which was on time) got refused and I decided to appeal on 2 instances. However the first instance was rejected and on the second one since I thought I will also get it rejected i withdrew it and from the day I get notified that the wihtdrawal went throught until I submit a fresh application it passed 9 days. I made a fresh application which was eventually accepted and from there onwards I been legally on different tier (tier 2). Problem is with this new laws of abolishing 28 days grace period will that affect how my ILR will be counted> I know it was still less than 14 days as it is counted from the day I received the letter from tribunal acknowlodging i withdrew my application until I made a fresh one (9 days gap for me) however reading about this rule it confuses me the fact that it says it needs to have a valid reason to do so. Is that also for ILR or only when you make the out of time application? Asking cause my excuse was that I withdrew my appeal as wanted to speed things up. I copy what I found on the internet about this:
For policy reasons, this ‘grace period’ has now been abolished – at least in relation to applications submitted from today. Instead, the rules now provide that an application will only not be prejudiced if it has been made within 14 days of the expiry of leave.
In addition, there must be good reason for the delay. The application will only be considered if ‘the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative’ as to why the application was not made in time.
At the time of writing it is unclear as to what circumstances will fall within the remit of ‘good reason’.
Will this "good reason" will need to be given on ILR applications or only when making out of time application? Any help will be appreciated.
The 28 days grace period will still be considered on ALL applications submitted before 24 November 2016.