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Hi
I qualify to apply for ILR under 10 year long residence in a few months time (if it is still available..!). My visa was once refused WITH APPEAL RIGHTS and I was granted the appeal. However my visa expired during this process. Does anyone know if this would affect the continuity of 10 years stay? The advice I have so far is that if you were granted appeal rights it is not considered has 'broken leave' if your visa expired during the appeal process.
Any advice is highly appreciated.
Jay

Jay_707 wrote:Hi
I qualify to apply for ILR under 10 year long residence in a few months time (if it is still available..!). My visa was once refused WITH APPEAL RIGHTS and I was granted the appeal. However my visa expired during this process. Does anyone know if this would affect the continuity of 10 years stay? The advice I have so far is that if you were granted appeal rights it is not considered has 'broken leave' if your visa expired during the appeal process.
Any advice is highly appreciated.
Jay

were you successful in winning the appeal? If so, there is no gap. If you appealed within time and if you were successful in getting UKBA to grant after appeal, you still have continuous residence.

However, if the dates on your visas do not overlap, you should provide evidence they you applied in-time and won the appeal. The staff at UKBA will not trawl through past records to find it! You should get your SAR file from UKBA and check it properly.

Thank you for your reply. Yes, I appealed within time and won and UKBA granted my visa afterwards. what do you mean by dates overlapping? Say, for eg. I applied for renewal 20 Feb 2010 (existing visa at the time expired 28 Feb 2010). Refused on 20 March 2010 with appeal rights. Appealed within time and won and UKBA granted visa afterwards. How do I get my SAR file?
Many thanks

Leave continues under section 3C.

See also How to do a Subject Access Request.

Many thanks!

Please could someone advise until when section 3c leave continue? CHAPTER 1 SECTION 5 -point 9 of Immigration Act states :
CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an incountry appeal is pending.
An appeal is pending from the time that it is instituted until it is finally determined, withdrawn or abandoned. Section 104 (1) of the 2002 Act applies. An appeal is abandoned if the appellant is granted leave to enter or remain in the UK or if he leaves the UK. Section 104 (4) applies.

My case was determined 15 June 2009 and leave to remain was granted 26 September 2009. Does my leave continue until September 26 or do I have a gap?

Thanks
Jay

Jay_707 wrote:Please could someone advise until when section 3c leave continue? CHAPTER 1 SECTION 5 -point 9 of Immigration Act states :
CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an incountry appeal is pending.
An appeal is pending from the time that it is instituted until it is finally determined, withdrawn or abandoned. Section 104 (1) of the 2002 Act applies. An appeal is abandoned if the appellant is granted leave to enter or remain in the UK or if he leaves the UK. Section 104 (4) applies.

My case was determined 15 June 2009 and leave to remain was granted 26 September 2009. Does my leave continue until September 26 or do I have a gap?

Thanks
Jay

1. If you applied before your visa expired and then it was rejected, you r k.
2. Section 3C extend u leave until it has been decided.
3. If you won the appeal then u stay was legal and you r k for 10 years.
4 Wen u apply perhaps u can include pages from your SAR file to explain the situation.

Thank you for your reply.

Is there a standard letter for requesting a SAR? Do I need to tell them why I want it or is it really doesn't matter do you know?

I would be grateful if you could advise.
Many thanks
Jay

Jay_707 wrote:Thank you for your reply.

Is there a standard letter for requesting a SAR? Do I need to tell them why I want it or is it really doesn't matter do you know?

I would be grateful if you could advise.
Many thanks
Jay

1. I had used the following format for mine.

Ref: Subject Access Request

Dear Sir/Madam

I would be very thankful to you if you could disclose all contents of my file including all home office and personal records. I have lost my file with all the previous extensions acknowledgement letters I received from Home Office.

2. Please note that you do not really need to give them any reason that why r u requesting it but if u want u can put one in.