10 Years long stay ILR with an exception

[sh4rif]

Hello Folks

Currently I'm a Tier4 Student, I came here in UK July 2004, and it will be 10 years in couple of months’ time in July 2014.

According to the law I can apply long residence ILR. But I've an issue; during that time my visa has been refused couple of times.

First they refused my visa in 2010, they allowed me to appeal against it, I appealed but I lost my appeal.

Then I apply again a new Tier4 application but been refused due to some issues which was not my fault actually my college put wrong dates of my certificates on CAS letter anyways I requested for decision review they said I can apply again. They issued me visa in May 2011.

I would like to know your opinion and your say on that please tell me what should I do now?

Please help me



Kind regards

Sharif

[Amber]

So far as you applied within 28 days of an in time determination you should be ok. However, it depends whether your 3rd application was made within 28 days of the appeal decision?

[quantum1]

How long was the time period between the refusal or your first visa and when you sent your successful application? If this was longer than 28 days then it will be difficult. However, it is not impossible. If you can argue your case clearly and with evidence you might succeed.

[sh4rif]

So far as you applied within 28 days of an in time determination you should be ok. However, it depends whether your 3rd application was made within 28 days of the appeal decision?

I applied on 11 October 2010 got refusal on 26 November 2010 (reason failed to provide the certificates) this was due to college management issue

on 17 December wrote letter to UKBA Home Office for reconsideration that the mistake was being made by the college not by the applicant.

On 22 February 2011 I have received a letter from UKBA, UKBA allowed me to make a fresh application but not allowed the administrative review of my application.

I applied in 09th April 2011 and got my visa in May 2011.

the second refusal was not my fault at all it was a typing error by the college and they admit it therefore Home Office allowed me to make a fresh application after that refusal. not sure please help me i need to get my documents together....

I'm confused i needed a bit detailed answer, if you could point out all the issues and their solutions that would be highly appreciated,

Please feel free to ask if you required any further information

Regards

[Amber]

I gather when you applied on 11 October 2011 you didn't have valid leave?

[sh4rif]

I gather when you applied on 11 October 2011 you didn't have valid leave?

yes when i applied on 11 October i did not have the the valid leave to remain, this was the time when as i said my appeal was also refused, and then i've advised to apply for a new application

[Amber]

Then unless you can show that the 11 October 2010 application was not invalid, it appears the that will break legal stay for the purpose of SET(LR).

[sh4rif]

Then unless you can show that the 11 October 2010 application was not invalid, it appears the that will break legal stay for the purpose of SET(LR).

what is that mean "hen unless you can show that the 11 October 2010 application was not invalid"?

as i said my application was refused from home office and appeal was also refused therefore i had no other option to go for a new Tier4 student application again.

are you trying to say that -------------the 11th October 2010, when i applied for my new tier4 visa while i was overstayed therefore that break the legal stay?

or you trying to say that----------- when i applied on 11 October and got refusal on 26 November 2010 till 9th April when i finally applied and got my visa that (from November till April) time i have to prove valid?

which part of the stay i'll have to prove valid




Kind Regards

Sharif

[Amber]

You were ok applying on 11 October 2010 as that was within 28 days of your appeal determination. However, that was subsequently refused and then you reapplied (after 28 days of the appeal determination) thus your legal stay was broken.

If you can show that the 11 October 2010 application was valid then you may be ok.

[sh4rif]

You were ok applying on 11 October 2010 as that was within 28 days of your appeal determination. However, that was subsequently refused and then you reapplied (after 28 days of the appeal determination) thus your legal stay was broken.

If you can show that the 11 October 2010 application was valid then you may be ok.

Hello Amber thank very much for your advise

as you said if i can prove that my 11th October 2011 application was valid then it may work... i'll write this again for your consideration and please advise me on that thanks

I applied on 11 October 2010 got refusal on 26 November 2010 (reason failed to provide the certificates) this was due to college management issue

on 17 December wrote letter to UKBA Home Office for reconsideration that the mistake was being made by the college not by the applicant.

On 22 February 2011 I have received a letter from UKBA, UKBA allowed me to make a fresh application but not allowed the administrative review of my application.

I applied in 09th April 2011 and got my visa in May 2011.


as you can read when i applied in October it was not my fault that was a my college typo or something they put wrong dates on my CAS letter. Therefore when we ask for administrative review HOMEOFFICE allowed me to make a new application.

The reason i applied the on 9th April 2012 was the College, they said they had some issues with Home Office CAS issuing System which is not my fault I believe..... What is you say on that since you're so experienced in Immigration matters...


Kind Regards

[Amber]

Well all you could do would be to apply and explain why you believe the application was valid.

[Zee ali]

You were ok applying on 11 October 2010 as that was within 28 days of your appeal determination. However, that was subsequently refused and then you reapplied (after 28 days of the appeal determination) thus your legal stay was broken.

If you can show that the 11 October 2010 application was valid then you may be ok.

Hello Amber thank very much for your advise

as you said if i can prove that my 11th October 2011 application was valid then it may work... i'll write this again for your consideration and please advise me on that thanks

I applied on 11 October 2010 got refusal on 26 November 2010 (reason failed to provide the certificates) this was due to college management issue

on 17 December wrote letter to UKBA Home Office for reconsideration that the mistake was being made by the college not by the applicant.

On 22 February 2011 I have received a letter from UKBA, UKBA allowed me to make a fresh application but not allowed the administrative review of my application.

I applied in 09th April 2011 and got my visa in May 2011.


as you can read when i applied in October it was not my fault that was a my college typo or something they put wrong dates on my CAS letter. Therefore when we ask for administrative review HOMEOFFICE allowed me to make a new application.

The reason i applied the on 9th April 2012 was the College, they said they had some issues with Home Office CAS issuing System which is not my fault I believe..... What is you say on that since you're so experienced in Immigration matters...


Kind Regards

the second refusal was not my fault at all it was a typing error by the college and they admit it therefore Home Office allowed me to make a fresh application.

It was not HO fault either. They allowed u to apply again because at that time u can put new application even if u overstay more than 28 days.

U have a break in your continuous long residency. Because u don't have valid leave when u applied 3rd time and it was more than 28 days the date when your first visa refused.

if there is gap of more than 28 days then your continuous LR is broken.



As amber said

[quantum1]

While you have a break in continuous residency because of the refusal, that is not the end of it. The rules allow breaks in continuous residency of up to 28 days. In exceptional cases they allow breaks of longer than 28 days. You have to prove that your circumstances were exceptional. In this you might detail how it was that the university made a mistake which was no fault of your own, how you approached the home office for a reconsideration and they suggested a new application which is now having negative consequences on your immigration prospects. You might also bring in issues of fairness.

It's not clear cut and the outcome is maybe 50/50. But the rules allow for such situations. You just have to persuade the official processing your application to exercise his/her discretion in your favour. For this it is best to engage the services of an immigration expert with experience in this sort of thing.

[TITIBL]

Hi sh4rif

It's been over a year since you last posted on this topic

Can you please give us an update of your ILR status?

Did you get your ILR, what arguments did you put forward and what was the waiting time?

Your answers will surely inform other readers facing similar challenges.

Regards,

T.