Immigrationboards.com

Dear Respected Immigration Gurus,

I came to UK on 11 Sept 2008 on student visa and remained as a student until 17 April 2011

On 10 Feb 2011 I switched Tier 1 (PSW) which was valid till 10 Feb 2013

On 21 November 2012 made a combined application(me and another applicant 25K each) for Tier 1 (Entrepreneur) visa 50K Route.Unfortunately, application was refused and refusal letter sent on 24 May 2013.
I Lodged appeal to first tier tribunal (Imm & Asylum) against the decision within the due time and the appeal was due to be heard on 24 October 2013.

But instead of attending appeal, I sent request to withdraw appeal by fax on 16 October 2013 and I received confirmation of withdrawal on 21 October 2013. I believe the previous leave (PSW) was therefore extended till 21 October 2013 by virtue of section 3C of 1971 act.

Then I made a fresh application for Tier 1 (Entrepreneur) visa (50K Route) on 28 October 2013 as a sole applicant and i was given visa which was valid till 12 Nov 2016.I have then successfully extended my Tier 1 (Entrepreneur) visa again in Feb 2017 which is currently valid till Feb 2019

Problem/Concern Area:
I qualify for ILR under 10 years long residency next month and got some concern about the 3C leave and leave gap in 2013 filling up the SET LR form

Section D6 page 12 of SET LR form says
"Have you ever stayed in the United Kingdom beyond the end of your period of leave?"

Question 1 -Do I need to mention the above leave gap in 2013?
Question 2 -The new law also asks a good reason for any leave gap, what do I explain here?

waiting to hear back from the gurus

Question 1 -Do I need to mention the above leave gap in 2013?

Yes

Question 2 -The new law also asks a good reason for any leave gap, what do I explain here?

You should say "awaiting a new application though applied within 28 days becoming an overstayer"
By the virtue of paragraph 39E under immigration rules, your overstaying period will be ignored

Zimba wrote: ↑

Wed Jul 04, 2018 12:40 pm

Question 1 -Do I need to mention the above leave gap in 2013?

Yes

Question 2 -The new law also asks a good reason for any leave gap, what do I explain here?

You should say "awaiting a new application though applied within 28 days becoming an overstayer"
By the virtue of paragraph 39E under immigration rules, your overstaying period will be ignored

Thank you Zimba

Can you please write few lines highlighting the relevant immigration rule which i can use in my cover letter for explaining the Gap to make it easy for the caseworker to get Idea at glance.

Apology in advance if I am asking too much

It is paragraph 39E

https://www.gov.uk/guidance/immigration ... -in-the-uk

Dear Respected gurus
I recently applied for ILR under long residency
I am currently on Tier 1 Entrepreneur Visa which is valid till Feb 2019
I went to Cardiff PSC on 15 Aug 2018 and documents being held for further checks
what could be the possible reasons and processing time?
also what should I expect from HO following this? any compliance visit, interview, documents check etc.?

Hi

Did they asked you to provide any more documents?

warks87 wrote: ↑

Thu Aug 16, 2018 6:18 pm

Dear Respected gurus
I recently applied for ILR under long residency
I am currently on Tier 1 Entrepreneur Visa which is valid till Feb 2019
I went to Cardiff PSC on 15 Aug 2018 and documents being held for further checks
what could be the possible reasons and processing time?
also what should I expect from HO following this? any compliance visit, interview, documents check etc.?

Hi,

Can you please provide some more information regarding your application ,
are you currently on 3 years initial tier 1 ent visa which is expiring in feb 2019 or you are on two year tier extension visa which is expiring in feb 2019 .
Also have you ever had any refused application in the past?
If you provide complete immigration history then we can advice you what is going on with ur application n can give u idea of why they deffered your application for further checks .

qkiyani wrote: ↑

Fri Aug 17, 2018 2:45 am

warks87 wrote: ↑

Thu Aug 16, 2018 6:18 pm

Dear Respected gurus
I recently applied for ILR under long residency
I am currently on Tier 1 Entrepreneur Visa which is valid till Feb 2019
I went to Cardiff PSC on 15 Aug 2018 and documents being held for further checks
what could be the possible reasons and processing time?
also what should I expect from HO following this? any compliance visit, interview, documents check etc.?

Hi,

Can you please provide some more information regarding your application ,
are you currently on 3 years initial tier 1 ent visa which is expiring in feb 2019 or you are on two year tier extension visa which is expiring in feb 2019 .
Also have you ever had any refused application in the past?
If you provide complete immigration history then we can advice you what is going on with ur application n can give u idea of why they deffered your application for further checks .

Dear qkiyani
I am currently on 2 years tier 1 extension

Immigration History
originally came to the UK on the September 2008 as a student. I extended my leave as a student until 2011 Then I switched to tier 1 PSW in 2011.

then applied to be a tier 1 entrepreneur. The application was initially refused and I appealed. I withdrew appeal on October 2013 before the hearing with the withdrawal being confirmed within 5 days of request.
then I reapplied for leave as an entrepreneur within 8 days of appeal withdrawal confirmation. This application was granted on the 25th of November 2013.

then I extended my leave to remain again on November 2016 and current leave is valid until the February 2019.

on another note I wasn't requested for any additional document or information during my appointment at PSC

I withdrew appeal on October 2013 before the hearing with the withdrawal being confirmed within 5 days of request.

By withdrawing your appeal, your Section 3C protection ended and you became an overstayer.

CR001 wrote: ↑

Fri Aug 17, 2018 11:13 am

I withdrew appeal on October 2013 before the hearing with the withdrawal being confirmed within 5 days of request.

By withdrawing your appeal, your Section 3C protection ended and you became an overstayer.

Hi CR001
didnt my leave continue per rule 276B?
The requirements to be met by an applicant for indefinite leave to remain on
the ground of long residence in the United Kingdom are that:
(v) the applicant must not be in the UK in breach of immigration laws, except that,
where paragraph 39E of these Rules applies, any current period of overstaying will
be disregarded. Any previous period of overstaying between periods of leave will also
be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days
of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph
39E of these Rules applied.

HO is likely looking into the full details of your claimed 10 years legal residence and circumstances in 2013.

CR001 wrote: ↑

Fri Aug 17, 2018 11:13 am

I withdrew appeal on October 2013 before the hearing with the withdrawal being confirmed within 5 days of request.

By withdrawing your appeal, your Section 3C protection ended and you became an overstayer.

Hi CR001,

Just a Curiosity,

If OP’s a Oversatayer in 2013 according to withdrawing how come his visa was granted in first place.