Immigrationboards.com

Superboi wrote: ↑

Mon Dec 25, 2017 9:48 pm

Hi All,

i really need your help. pleaseeeeeeeeee replyyyyyyyyyyy

i have received SAR report and i found a paper called SEARCH SUMMARY REPORT

it has got all the dates when my application was raised. it states in there that

date app raised Category OUTCOME
28 Oct 2010 tier 4 reject
14 Nov 2010 tier 4 refuse L.T.R - NO R.O.A
22 Jan 2011 TIER 4 GRANT LTR
20 july 2011 Tier 1Grant LTR
15 july 2013 Tier 2 Grant LTR
10 july 2016 Tier 2 Grant LTR

firstly i would like to tell you about my case, i arrived in uk 4 july 2007 on student visa which expired on 30/10/2010. as per SAR 1st application on 28.10.2010 was rejected due to incomplete application , 15.11.2010 application was rejected due to more than 30 days old bank statement .

My question is, due to rejection and refusal in 2010, did i violate 3C or is there any gap?? or over stayed?/

i would really appreciate all of you guys help especially the guru's admins

Thanks in advance!!!!

secret.simon wrote: ↑

Tue Dec 26, 2017 12:43 am

When were you notified that your first (28/10/2010) application was invalid? When did you post or otherwise submit the subsequent (14/11/2010) application? When did you receive the rejection letter of that application?

It is likely that your long residence was broken and you were an overstayer between 30th October 2010 and the grant of leave following your application of 22nd January 2011.

Long Residence Guidance wrote:Applications made before 24 November 2016
Where the application was made before 24 November 2016 a period of overstaying of 28 days or less on the date of application will be disregarded.
The 28 day period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted(including where an in-time application was submitted but the application was considered invalid) - 30th October 2010
• end o f any extension of leave under sections 3C or 3D of the Immigration Act 1971 - No Section 3C engaged as application was invalid
• the point that a migrant is deemed to have received a written notice of invalidity, in relation to an in-time application for further leave to remain where that application was deemed invalid due to the failure by the applicant to provide - 9th November 2010

secret.simon wrote: ↑

Tue Dec 26, 2017 2:24 pm

Long Residence Guidance wrote:Applications made before 24 November 2016
Where the application was made before 24 November 2016 a period of overstaying of 28 days or less on the date of application will be disregarded.
The 28 day period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted(including where an in-time application was submitted but the application was considered invalid) - 30th October 2010
• end o f any extension of leave under sections 3C or 3D of the Immigration Act 1971 - No Section 3C engaged as application was invalid
• the point that a migrant is deemed to have received a written notice of invalidity, in relation to an in-time application for further leave to remain where that application was deemed invalid due to the failure by the applicant to provide - 9th November 2010

So, your 28 days of permissible overstay started from 9th November 2010.

A subsequent failed application does not extend this period i.e. one cannot have a chain of more than one failed applications to extend the permissible overstay period.

Your successful application was submitted on 22nd January 2011, well past the 28 day overstay period. Therefore, I believe your long residence has been broken. You will have been an overstayer between 30th October 2010 and 21st February 2011, when you were granted FLR.


Because you did not have a valid application outstanding at the time of the expiry of your leave on 30th October 2010, Section 3C was never engaged.