Immigrationboards.com

Dear members. I needvaluable advice regarding my ILR long residency which I’m going to apply this month. I came here as student visa in 2010 october then psw and again student visa until October 2016. Then I made an intime application for flr fp partner route and my baby born at the same time so I failed to provide the bio metric. But the home office did not send 2nd reminder letter. There was no contact from there side,Eventually my application become invalid on 21st June 2017.My employer checked my right to work it came back as negative so i lost the job.On 29 th june i made a fresh application with a covering letter stating all the reasons. My application been subsequently granted 0n 05/03/2018without any refusal.When they invalidate the application I lost my job too. My question is am I eligible to apply for ILR? I read the guidance of 3c leave that invalid application doesn’t extend by 3c leave. Do you think my 3c leave is broken when they invalidate the application.At the same time i applied with 14 days from the refusal date.Please give some valuable advice.I am look forward to hear from all the members.Thanks

Unfortunately an invalid application does not extend your section 3C so your lawful residence ended on your visa expiry in late 2016. Your application was not refused BUT instead returned as invalid. An invalid application is treated as if such an application was never made at all. So there is a gap from Oct 2016 to 05/03/2018. Your continuous lawful residence was broken and you are not eligible to apply under long residence

In 2014 the rules changed. Until then in case of invalid applications overstaying only counted from the date the applicant received the notice of invalidity. However, as @Zimba pointed out this is no longer the case and now, and at the time of your FLR(FP) application in 2016, invalid applications are being treated as if they had not been made at all. Your overstaying therefore started from the date your second student visa expired.

Some questions:

1. Did the Notice of Invalidity you received in June 2017 say anything about your immigration status and what action you should take?

2. Where were you and what did you do in the period between when you lost your job in June 2017 as a result of the negative right-to-work check and when you had your current FLR(FP) visa granted in March 2018?

3. When your current FLR(FP) visa was granted in March 2018 did you receive a letter from the Home Office which referred to your previous invalid application, for instance that they used their discretion and now consider it valid?

hi manci,
Thanks for your reply.
The invalid letter mention about the removal notice.I did not lose my job in June 2017 but got dismissed in December 2017. My company did right to work check every 6 months so they must have done it in end of may or beginning of June 2017 at that time I was ok then December I lost the job. When they grant the visa they just mention on 29 th June 2017 you have made an application for flr fp and it’s been granted that’s all.

Hi Zumba,
Thanks for your reply. Please correct me if my understanding is wrong. I read in the 3c guidance where an application became invalid due to failure of biometrics enrollment Supreme Court clarified that Sec 3c came to an end when home office serves the notice of invalidity which is in my case 21st June 2017 and I made an application within 8 days so and application subsequently granted so I can get the benefit from para 39e. So I thought my 3c broken but long residence continued coz I applied within 14 days.

You are right, by reerence to HO document
https://assets.publishing.service.gov.u ... 0.0ext.pdf

Where the application becomes invalid because of a failure to provide biometrics the
Supreme Court clarified that section 3C leave came to an end at the point the Home
Office serves a notice of invalidity.

It follows that you had Section 3c leave until 21 June 2017 when your FLR(FP) application was decided to be invalid. You then submitted a fresh application 8 days later on 29 June 2017 which was successful.

Irrespective of para 39E of the immigration rules you have been an overstayer from 21 June 2017 and your employer wasn't allowed to continue employing you because you didn't have valid leave at that time . Refer to:
https://assets.publishing.service.gov.u ... s-v8.0.pdf

For ILR under the 10 year long residence rules you must have clocked up 10 years continuous lawful residence. Gaps in lawful residence, such as overstaying, may be overlooked but this is a complicated subject. You'll find some guidance and descriptions of various scenarios here:
https://www.freemovement.org.uk/what-ar ... residence/

mike1988 wrote: ↑

Tue May 11, 2021 2:08 am

Hi Zumba,
Thanks for your reply. Please correct me if my understanding is wrong. I read in the 3c guidance where an application became invalid due to failure of biometrics enrollment Supreme Court clarified that Sec 3c came to an end when home office serves the notice of invalidity which is in my case 21st June 2017 and I made an application within 8 days so and application subsequently granted so I can get the benefit from para 39e. So I thought my 3c broken but long residence continued coz I applied within 14 days.

I looked up the judgment again and it seems when it comes to Biometrics, there is an exception. So you are right, the Section 3C comes to an end on the day the notice is served.

uk-tier-1-entrepreneur-visas/is-there-a ... l#p1467952

hi manci,
Thanks for your reply. employers allowed to right to work check before the employment starts and every 6 month and the expire date set out in the positive verification notice. In my case they done right to work check in may or 1st week of June 2017 and they must have received the positive verification notice. In that notice state next right to work check in December which I got negative and lost the job. I think they did the right thing please correct if I’m wrong.

hi Zumba,
Thanks for your reply,I really appreciate that. So I hope home office cannot refuse the application regarding the invalidity. Fingers crossed