Long residence confusion

[Aditi12]

HI guys I am using the forum fr the first time.
Immigration history - came in 2003 and everything was fine till 2008 ; applied for my PSW and was rejected 16 Jan 2009 solely because of maintenance funds ; appeal etc done; lost rights to appeal and left country in given time in july 2009 came back as a dependent on d other half. Time passed ; I shifted back to student visa in 2010 completed masters and then got my PSW 2011 (although pankina came in this time; I didn't apply as I thought I will get PSW in few months anyway)

Now I am planning to apply for ilr , I asked for my sat beginning of 2015 no reply; wrote them a letter just said they r working on it. I am lacking time now but I do realise that as I left the country without a valid visa in 2009 although came very quickly from the country am I right in thinking that my long residency has gone down the drain ?

Do you think if I bring pankina and the reason y I had to leave ; can I get a discretion at all ?

Please help
Thanks

[geriatrix]

1. If the period between expiry of leave (section 3c) in 2009 and date of application for new entry clearance is more than 28 days, then continuous residency is broken.
2. You could have used Pankina when you had the option to do so, and before it became obsolete.

[Aditi12]

1. If the period between expiry of leave (section 3c) in 2009 and date of application for new entry clearance is more than 28 days, then continuous residency is broken.
2. You could have used Pankina when you had the option to do so, and before it became obsolete.

Thanks sushdmehta ; visa rejected 16th Jan 2009; tribunal , upper tribunal etc etc left UK on 19 july to get visa; came back September. I am guessing it's broken!

Anything we can do ?

Thanks

[Aditi12]

1. If the period between expiry of leave (section 3c) in 2009 and date of application for new entry clearance is more than 28 days, then continuous residency is broken.
2. You could have used Pankina when you had the option to do so, and before it became obsolete.

HI

Applied my lr in liverpool on the 15th ; visa rejected in 5 hours
As the caseworker said that when my previous appeal rights Exhausted that was 18th June 2009 and my new application wad filled in on 27th July so that brings me to 39 days which is 11 days over to what they would disregard.

Can someone shed light on this please . I heard until 10 days secratery of state generally uses discretion ?

When I started telling her that in 2009 everything went wrong n my visa shouldn't have been rejected etc etc .... u said to her but you culd use your discretion ; seeing my cry n listening to my 2009 story ; she was like but I've made my decision n I shuld appeal n say all that in court as now she can't change her decision ? Is that true.
Please cam some 1 reply at their earliest as I hab 14 days to act.
Is it even worth the appeal or just waste of time n money.
Anyone knows a good solicitor who had dealt with these cases successfully?

Thanks

[secret.simon]

As the caseworker said that when my previous appeal rights Exhausted that was 18th June 2009 and my new application wad filled in on 27th July so that brings me to 39 days which is 11 days over to what they would disregard.

Can someone shed light on this please . I heard until 10 days secratery of state generally uses discretion ?

You may have misunderstood the discretion part.

Before 2012, there was no grace period for overstayers, but the Secretary of State exercised discretion in case the overstay was less than 10 days.

Since 2012, the Rules provide for (i.e. there is no need for discretion) upto 28 days of overstay.

So, the 10 days discretion was replaced by the 28 days grace period and is not in addition to it.

And in any case, remember that discretion is just that. It is not guaranteed.

As for the Liverpool PEO/PSC, I had a similar experience. While almost all the staff were friendly, I got a caseworker who could curdle milk by merely looking at it. The Liverpool PEO/PSC is (well, was, when I used it) open-plan and the applicants can hear what the case-workers were talking about their case. It seem to me that the case-worker was doing her best to refuse me my LR extension. She even went to the manager's office in the back to discuss my case and begrudgingly gave me the LR after a couple of hours. I wonder if she is still around. All the other caseworkers seem fairly nice.

[Aditi12]

As the caseworker said that when my previous appeal rights Exhausted that was 18th June 2009 and my new application wad filled in on 27th July so that brings me to 39 days which is 11 days over to what they would disregard.

Can someone shed light on this please . I heard until 10 days secratery of state generally uses discretion ?

You may have misunderstood the discretion part.

Before 2012, there was no grace period for overstayers, but the Secretary of State exercised discretion in case the overstay was less than 10 days.

Since 2012, the Rules provide for (i.e. there is no need for discretion) upto 28 days of overstay.

So, the 10 days discretion was replaced by the 28 days grace period and is not in addition to it.

And in any case, remember that discretion is just that. It is not guaranteed.

As for the Liverpool PEO/PSC, I had a similar experience. While almost all the staff were friendly, I got a caseworker who could curdle milk by merely looking at it. The Liverpool PEO/PSC is (well, was, when I used it) open-plan and the applicants can hear what the case-workers were talking about their case. It seem to me that the case-worker was doing her best to refuse me my LR extension. She even went to the manager's office in the back to discuss my case and begrudgingly gave me the LR after a couple of hours. I wonder if she is still around. All the other caseworkers seem fairly nice.

Thanks for your reply secret Simon! LoOKs like she was the same by your discription ! What did you do ? Did you appeal ?

[Aditi12]

To brief you with dates what happened
Applied psw 2008 Dec - rejection 2009
Appeal - solicitor messed up
Appeal - coz it was messed up at 1st level ; they didn't consider in the second ( mistake the first solicitor took hearing on papers)
Final appeal rights Exhausted 18th June 2009

Left the country within 28 days - applied entry clearence
Application filed outside UK - 27th July 2009
Visa issued - 11th August 2009
Came back to UK !

Never late; always on time ; no immigration rules broken

This visa which was psw was rejected solely on maintenence funds! Found another route went back and studied a degree ( as during the appeal was going on rules changed that on diploma you won't get psw)
2010 - student - degree mba ended 2011
In 2010 - pankina came which said send your applications for reconsideration if it was refused on maintenence funds

My mistake - I didn't as I thought I will get PSW any way

My whole point is that now that's affecting my overall stay

If they wouldn't have rejected my visa this over all thing would've never happened in first place

Anybody have similar experience where appeal has had a favourable decision

Thanks for your help

[Casa]

As the caseworker said that when my previous appeal rights Exhausted that was 18th June 2009 and my new application wad filled in on 27th July so that brings me to 39 days which is 11 days over to what they would disregard.

Can someone shed light on this please . I heard until 10 days secratery of state generally uses discretion ?

You may have misunderstood the discretion part.

Before 2012, there was no grace period for overstayers, but the Secretary of State exercised discretion in case the overstay was less than 10 days.

Since 2012, the Rules provide for (i.e. there is no need for discretion) upto 28 days of overstay.

So, the 10 days discretion was replaced by the 28 days grace period and is not in addition to it.

And in any case, remember that discretion is just that. It is not guaranteed.

As for the Liverpool PEO/PSC, I had a similar experience. While almost all the staff were friendly, I got a caseworker who could curdle milk by merely looking at it. The Liverpool PEO/PSC is (well, was, when I used it) open-plan and the applicants can hear what the case-workers were talking about their case. It seem to me that the case-worker was doing her best to refuse me my LR extension. She even went to the manager's office in the back to discuss my case and begrudgingly gave me the LR after a couple of hours. I wonder if she is still around. All the other caseworkers seem fairly nice.

Thanks for your reply secret Simon! LoOKs like she was the same by your discription ! What did you do ? Did you appeal ?

secret.simon wrote "and begrudgingly gave me the LR after a couple of hours.". His application was successful

[Aditi12]

secret.simon wrote "and begrudgingly gave me the LR after a couple of hours.". His application was successful[/quote]


Thanks Casa. Sorry I misread it

[Aditi12]

1. If the period between expiry of leave (section 3c) in 2009 and date of application for new entry clearance is more than 28 days, then continuous residency is broken.
2. You could have used Pankina when you had the option to do so, and before it became obsolete.

Sushdmehta or anyone else please help
Can you please elaborate
The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period

Do they disregard all 3 things mentioned here or just 1 out of 2 before and

Pls explain

[Zee ali]

1. If the period between expiry of leave (section 3c) in 2009 and date of application for new entry clearance is more than 28 days, then continuous residency is broken.
2. You could have used Pankina when you had the option to do so, and before it became obsolete.

Sushdmehta or anyone else please help
Can you please elaborate
The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period

Do they disregard all 3 things mentioned here or just 1 out of 2 before and

Pls explain

HI Aditi12

I think they refused u right

Read page 13 of 54

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 6 months or less at any one time
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals
 departed the UK after the expiry of their leave to remain, but applied for fresh entry
clearance within 28 days of that previous leave expiring


But u applied for new visa after 39 days as caseworker stated.

[Aditi12]

Sushdmehta or anyone else please help
Can you please elaborate
The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 6 months or less at any one time
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals
 departed the UK after the expiry of their leave to remain, but applied for fresh entry
clearance within 28 days of that previous leave expiring


But u applied for new visa after 39 days as caseworker stated.[/quote] I thought the same n I was thinking to go in for appeal for technically 11 days!
Also 18th was the judgement date letter from court is dated which was a Thursday +2 working days takes us to Monday which is 22nd June so 1 week break !

I was trying to get my head more around what is says of 276b (v) 28 days or less will b disregarded ; as well entry clearence ; leave to enter : leave to remain will disregarded
Now is this either or ; or both situations are considered

[Aditi12]

Sushdmehta or anyone else please help
Can you please elaborate
The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period

Do they disregard all 3 things mentioned here or just 1 out of


Zee - speaking off hand with a solicitor he says you still are given 28 days n if you don't have facility to apply a fresh visa in country then the 28 day period comes into account . He is still looking in this matter though . ( also was reading n old appeal n judge comments read "secretary of state should see if the person left and came back to UK within reasonable time ; as travelling internationally takes time etc etc "
Maybe we have some 1 with similar situation

Thank you
Will up date here once I hear something from solicitor

[Aditi12]

Sushdmehta or anyone else please help
Can you please elaborate
The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period

Do they disregard all 3 things mentioned here or just 1 out of


Zee - speaking off hand with a solicitor he says you still are given 28 days n if you don't have facility to apply a fresh visa in country then the 28 day period comes into account . He is still looking in this matter though . ( also was reading n old appeal n judge comments read "secretary of state should see if the person left and came back to UK within reasonable time ; as travelling internationally takes time etc etc "
Maybe we have some 1 with similar situation

Thank you
Will up date here once I hear something from solicitor