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I hv a friend with an unusual immigration case and hope some one can advice.

1) applied for Tier 4 extension in country which was refused citing already been 5 years.
2) applied for Admin, as the calculation of 5 years was wrong.
3) AR refused, was asked to file another application within 28 days (11/07/2015)
4) applied for Tier 2 with a sponsor within 28 days (05/08/2015)
5) sponsor licence revoked and hence application rejected (21/07/2016)
6) seeked legal advice and was told to apply for FLR(0) to seek leave to find another sponsor to apply and application made on (01/08/2016)
7) FLR(0) refused (07/2017)

He satisfies 10 yr long residence on 19th August (landed in UK in 19/09/2007 on valid student visa) and I just wanted to clarify few things.

a) has he become a over-stayer when his AR was refused on 11/07/2015 ?

b) given the timeline above has his continuous residence broken or not ?

c) is FLR(0) as Tier based application ? has it got any review etc ? From the internet search looks like it got deprecated 4 months after OP applied for it

d) assuming his continuous residency is not broken, how can he buy more time so that he satisfies for ILR(10 yrs)

appreciate any advice/suggestions and insight.

thanks for reading...

he is kidding himself to think he is not overstayer and can apply on LR.

can shed more light please ? from when he is over stayer ? can you also back your answers with relevant Home Office links ?

There is no 10 year lawful stay in this case This should be obvious from the immigration history. 'I stayed here 10 years and therefore I can get ILR' is a complete baseless assumption showing up on this forum all the time. It is 10 years LAWFUL stay

He applied for a new out-of-time application within 28 days as an overstayer and that application was eventually refused, This makes him an overstayer since 11/07/2015

Hi Zimba,

I thought so too..but, given his out of time application was rejected because of no fault of his own (sponsor licence got revoked), is he not correct to apply for FLR(0). this was as per the advice of his solicitors who still represent him...he has been advice he still does qualify.. but sounded wrong to me..hence I wanted to clarify..

what is FLR(0) anyway ?

what can he do now other than go back home ?

also with changed in Nov 2016, aren't over stayers allowed once more application after exhausting their 3c ?

I thought so too..but, given his out of time application was rejected because of no fault of his own (sponsor licence got revoked), is he not correct to apply for FLR(0). this was as per the advice of his solicitors who still represent him...he has been advice he still does qualify.. but sounded wrong to me..hence I wanted to clarify..

No. FLR(O) on what basis ?? Being refused a visa ???
Solicitors want to make themselves rich and tell applications whatever they like.

what is FLR(0) anyway ?

The old Further Leave to Remain route, used for people who had very very good basis to stay in the UK (under discretionary leave, ancestry, human rights , ect). It is was replaced last year with FLR(HRO) and FLR(IR)

what can he do now other than go back home ?

Yes

also with changed in Nov 2016, aren't over stayers allowed once more application after exhausting their 3c ?

There was no such change. Applicants are not even allowed 28 days any more, it is 14 days max

FLR(0) was applied on 01/08/2016 on the basis to acquire more time for the OP to find a new sponsor, as the early application was rejected as the sponsor license got revoked ?

is this the applicable visa for this particular case ? I think no and no wonder why it got rejected albeit after a year..

even without this, is the OP allowed to make Tier 2 application on the 05/08/2015 given the AR for his previous application was served on 11/07/2015 ?

if I understand correctly, of his Tier 2 would have went though, he may not have been an over stayer and only becase overstayer since his application was rejected ?

am i correct ?

even if his tier 2 would have been successful, which had no chance considering its likely to be fraud company who were selling cos and hence got revoked, his 10 years stay would still not have been valid.
If he had tier 2, he could have applied ilr on basis of 5 years of being on tier 2.
There is no such category that allows you to apply for a visa so u can search for a sponsor

FLR(0) was applied on 01/08/2016 on the basis to acquire more time for the OP to find a new sponsor, as the early application was rejected as the sponsor license got revoked ?

That was not a basis for FLR. Any new application would have fallen under general grounds for refusal at this point anyway

even without this, is the OP allowed to make Tier 2 application on the 05/08/2015 given the AR for his previous application was served on 11/07/2015 ?

I guess so, as you used to get 28 days AFTER section 3C ending (becoming an overstayer) to apply for a new application

if I understand correctly, of his Tier 2 would have went though, he may not have been an over stayer and only becase overstayer since his application was rejected ?

He would have remained an overstayer until the application was decided. If the Tier 2 would have been granted, then rules allow you to ignore such overstaying periods later, for example towards long residence ILR.

iworker wrote:even if his tier 2 would have been successful, which had no chance considering its likely to be fraud company who were selling cos and hence got revoked, his 10 years stay would still not have been valid.
If he had tier 2, he could have applied ilr on basis of 5 years of being on tier 2.
There is no such category that allows you to apply for a visa so u can search for a sponsor

Your claim about long residence ILR and the overstaying period is wrong. See the long residence guide

zimba88 wrote:

iworker wrote:even if his tier 2 would have been successful, which had no chance considering its likely to be fraud company who were selling cos and hence got revoked, his 10 years stay would still not have been valid.
If he had tier 2, he could have applied ilr on basis of 5 years of being on tier 2.
There is no such category that allows you to apply for a visa so u can search for a sponsor

Your claim about long residence ILR and the overstaying period is wrong. See the long residence guide

Hi Zimba, is this directed at me or user "iworker".. I just want to understand....

if people are allowed to make fresh application within 28 days or now 14 days of after being served AR on their previous application, can it not go indefinitely ? where does it stop ?

so as far as you are concerned, if an OP were to make another application and if that becomes successful, then would ll the time he spent in the last 10 yrs all of a sudden become legit ?

Hi Zimba, is this directed at me or user "iworker".. I just want to understand....

To iworker

if people are allowed to make fresh application within 28 days or now 14 days of after being served AR on their previous application, can it not go indefinitely ? where does it stop ?

No it cannot. Section 3C can end only once and will never be restarted. This means you get only one chance within 14 days of section 3C ending

so as far as you are concerned, if an OP were to make another application and if that becomes successful, then would ll the time he spent in the last 10 yrs all of a sudden become legit ?

Technically he cannot apply for any other application as he has been an overstayer since 2015 as I stated

ok thanks Zimba..i think i understand how this works now.

In summary,
an OP can apply for a fresh application ONCE within X number of days after AR is served.
This X = 28 (before 24 Nov 2016) and now X = 14 (after 24 Nov 2016)
and if that application i successful he is demed to had had continuous period else over stayer since AR was served.

Could you confirm my understanding above is correct pls ?

Now, given his only chance was wasted/rejected because no fault of his own (sponsor licence revoked), does he nor have something to fall back onto ?

Pretty much

Now, given his only chance was wasted/rejected because no fault of his own (sponsor licence revoked), does he nor have something to fall back onto

No, unless there are human rights issues (which is very unlikely)

ok cheers..how about FLR (FP) as he is coming up to 10 years in the UK..does it also need 10 years "lawful" residence like ILR (LR) ?

also curious if he applies for ILR (LR), will it be rejected straightaway ?

I already covered that above

zimba88 wrote:There is no 10 year lawful stay in this case This should be obvious from the immigration history. 'I stayed here 10 years and therefore I can get ILR' is a complete baseless assumption showing up on this forum all the time. It is 10 years LAWFUL stay

He applied for a new out-of-time application within 28 days as an overstayer and that application was eventually refused, This makes him an overstayer since 11/07/2015

n8net wrote:how about FLR (FP) as he is coming up to 10 years in the UK..does it also need 10 years "lawful" residence like ILR (LR) ?

zimba88 wrote:I already covered that above

I think the OP's question is slightly different in that as his friend is coming up to 10 years of life in the UK, would that make an FLR(FP) application more likely to succeed?

Unfortunately, no.

An FLR(FP) application has the higher threshold of 20 years of residence (both lawful and otherwise) or proof that the applicant would face very significant obstacles to his integration in the country to which he would have to go to outside the UK.

Immigration Rules wrote:276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and
(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

thanks Simon and Zimba.

seems very harsh that no provision is there for him in UK immigration Jurisdiction for no fault of his own...

not even asylum based on human rights..etc ? he is very limited connection back home..so might try FLR(FP) if nothing else..

just curious, hv u come across any similar threads in this forum..

n8net wrote:he is very limited connection back home

Limited connection may not cut it. He needs to prove "very significant obstacles" to his integration in his home country.

Can he speak the local language(s) of his home country? Would his education be recognised there? That is the kind of questions to look at, not limited connections.

thanks both..if u happened to know any threads with similar issue, please update.

despite no way out, I think there may be a way..just need to find it.. after all if there is will there is a way..

Please ask all of your many 'friends' with immigration issues to register on the forum and post their questions for themselves as has been requested numerous times in the past.