Immigrationboards.com

Posted: **Sun Nov 10, 2019 11:37 am**

On 10 October 2018 you made an application for leave to remain as a Tier 2 (Gneral) migrant, on 12 June 2019 you varied this application into a a human rights claim in an application for indefinite leave to remain in the UK on the basis of your private life.

Your human rights claim has been considered under those Rules and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.qov.uk/guidance[immigration•
rules.

This decision takes into account as a primary consideration the best interests as a child and those of any relevant child, in line with the Secretary of State's duty under section 55 of the Borders, Citizenship and Immigration Act 2009.

Your human rights claim has been refused for the following reasons.
Immigration History

You entered the UK on 23 September 2009 with entry clearance as a Tier 4 (General) student. You were granted leave to enter on arrival, valid until 28
February 2011.
On 23 February 2011 you applied in time for leave to remain as a Tier 4 (General)
student. You were granted leave to remain, valid until 09 May 2014.
On 08 May 2014 y0u applied in time for leave to remain as a Tier 4 (General)
student. You were granted leave to remain, valid until 30 September 2016.On 27 September 2016 you applied in time for leave to remain as a Tier 4 (General) student. You were granted leave to remain, valid until 30 May 2017. On 30 May 2017 you applied in time for leave to remain as a Tier 4 (General) student. You were granted leave to remain, valid until 25 January 2018.
On25 January 2018 you applied in time for leave to remain as a Tier 4 (General)
migrant. You were granted leave to remain, valid until 29 July 2018.
On 28 July 2018 you applied in time for leave to remain as a Tier 2 (General) migrant. On 03 September 2018 you were refused leave to remain with the right of an Administrative Review. On 13 August 2018 you lodged an Administrative Review against this decision. On 04 October 2018 the decision to refuse leave to remain was maintained.
On 1 o October 2018 y0u applied out of time for leave to remain as a Tier 2 (General) migrant.
On 12 June 2019 you varied into an application for indefinite leave to remain on the basis of 10 years long residence.

My ILR is refused on the basis of gap in continuous period. I have been given right to appeal..any help and advice will be much appreciated

Posted: **Sun Nov 10, 2019 11:51 am**

MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
human rights claim in an application for indefinite leave to remain in the UK on the basis of your private life.

I am not aware of a human rights basis for ILR. Do you mean ILR (Long Residence)?

Some of the dates seem to not make sense.

MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
On 03 September 2018 you were refused leave to remain with the right of an Administrative Review. On 13 August 2018 you lodged an Administrative Review against this decision. On 04 October 2018 the decision to refuse leave to remain was maintained.

Presumably you lodged the AR on 13th September 2018.

MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
On 1 o October 2018 y0u applied out of time for leave to remain as a Tier 2 (General) migrant.

Is that 10th October 2018?

If you file a leave application while an AR is in progress, the AR is considered withdrawn. So your Section 3C leave ended when you filed your T2 application.

So from that point in time, you did not have leave.

If your immediately successive application was successful, then that gap would have been disregarded when you applied for ILR(LR).

However, your subsequent application (T2) was not successfully decided when you varied it. Therefore you have not had leave since October 2018. Therefore it is quite likely that the refusal was correct.

Posted: **Sun Nov 10, 2019 12:07 pm**

Yes its 10th October and HO letter dates are like that in the letter

Posted: **Sun Nov 10, 2019 12:11 pm**

secret.simon wrote: ↑
Sun Nov 10, 2019 11:51 am

MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
human rights claim in an application for indefinite leave to remain in the UK on the basis of your private life.
I am not aware of a human rights basis for ILR. Do you mean ILR (Long Residence)?
It sis for ILR long residence
Some of the dates seem to not make sense.
MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
On 03 September 2018 you were refused leave to remain with the right of an Administrative Review. On 13 August 2018 you lodged an Administrative Review against this decision. On 04 October 2018 the decision to refuse leave to remain was maintained.
Presumably you lodged the AR on 13th September 2018.

yes it is 13th September

MA123 wrote: ↑
Sun Nov 10, 2019 11:37 am
On 1 o October 2018 y0u applied out of time for leave to remain as a Tier 2 (General) migrant.
Is that 10th October 2018?

If you file a leave application while an AR is in progress, the AR is considered withdrawn. So your Section 3C leave ended when you filed your T2 application.

I filed another application when AR was maintained and been given 14 days for fresh application and I did so within 6 days

So from that point in time, you did not have leave.

If your immediately successful application was successful, then that gap would have been disregarded when you applied for ILR(LR).

However, your subsequent application (T2) was not successfully decided when you varied it. Therefore you have not had leave since October 2018. Therefore it is quite likely that the refusal was correct.

Posted: **Sun Nov 10, 2019 1:24 pm**

MA123 wrote: ↑
Sun Nov 10, 2019 12:11 pm
I filed another application when AR was maintained and been given 14 days for fresh application and I did so within 6 days

The Section 3C leave ends when your AR was refused. You are given a grace period of 14 days to file an application and a Further Leave to Remain (FLR) application is treated as if it is in-time.

However, for an ILR application, especially one based on Long residence, you need to have pre-existing leave at the time your application was made. And a grace period does not extend leave.

Posted: **Sun Nov 10, 2019 1:31 pm**

I feel somebody advised you to vary ur application.
What was ur human rights claim?

Posted: **Sun Nov 10, 2019 1:48 pm**

secret.simon wrote: ↑
Sun Nov 10, 2019 1:24 pm

MA123 wrote: ↑
Sun Nov 10, 2019 12:11 pm
I filed another application when AR was maintained and been given 14 days for fresh application and I did so within 6 days
The Section 3C leave ends when your AR was refused. You are given a grace period of 14 days to file an application and a Further Leave to Remain (FLR) application is treated as if it is in-time.

However, for an ILR application, especially one based on Long residence, you need to have pre-existing leave at the time your application was made. And a grace period does not extend leave.

I have applied for Tier2 visa within 14 days of the refusal of the administrative review

Posted: **Sun Nov 10, 2019 2:07 pm**

MA123 wrote: ↑
Sun Nov 10, 2019 1:48 pm

secret.simon wrote: ↑
Sun Nov 10, 2019 1:24 pm

MA123 wrote: ↑
Sun Nov 10, 2019 12:11 pm
I filed another application when AR was maintained and been given 14 days for fresh application and I did so within 6 days
The Section 3C leave ends when your AR was refused. You are given a grace period of 14 days to file an application and a Further Leave to Remain (FLR) application is treated as if it is in-time.

However, for an ILR application, especially one based on Long residence, you need to have pre-existing leave at the time your application was made. And a grace period does not extend leave.
I have applied for Tier2 visa within 14 days of the refusal of the administrative review

And had the Tier 2 application been successful, you could have then applied for ILR, as you would then have had pre-existing leave and the gap between the AR refusal and the subsequent application was less than 14 days.

The mistake you made was varying the subsequent application before it was decided.

Posted: **Sun Nov 10, 2019 2:20 pm**

secret.simon wrote: ↑
Sun Nov 10, 2019 2:07 pm

MA123 wrote: ↑
Sun Nov 10, 2019 1:48 pm

secret.simon wrote: ↑
Sun Nov 10, 2019 1:24 pm

MA123 wrote: ↑
Sun Nov 10, 2019 12:11 pm
I filed another application when AR was maintained and been given 14 days for fresh application and I did so within 6 days
The Section 3C leave ends when your AR was refused. You are given a grace period of 14 days to file an application and a Further Leave to Remain (FLR) application is treated as if it is in-time.

However, for an ILR application, especially one based on Long residence, you need to have pre-existing leave at the time your application was made. And a grace period does not extend leave.
I have applied for Tier2 visa within 14 days of the refusal of the administrative review
And had the Tier 2 application been successful, you could have then applied for ILR, as you would then have had pre-existing leave and the gap between the AR refusal and the subsequent application was less than 14 days.

The mistake you made was varying the subsequent application before it was decided.

The only reason that I varied application becuase my sponsor liecence was revoked and I had no other option but to vary application

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