Indefinite Leave to Remain - Overstayer

[lavenda2005]

Hi All,

I would appreciate some input please.

Made an application for ILR but was refused as UKBA said i was an overstayer by 86 days.
Some background info:

Student visa expired Jan 31,2008 but applied on time on Jan 30
application rejected and sent back Feb 8, 2008
complied with 28 day rule and resent application on March 3, 2008
application sent back yet again on April 2, 2008
Complied and resent application within 28 days and visa granted.

per home office - visa granted June 27, 2008 - they claim to have received my returned application on this date
per my passport - visa granted October 5, 2008 - i have their letters etc.

while applying for my ILR application was turned down for one reason - gap of 86 days, between April 2 and June 27.
currently waiting for SAR to come through.

My questions to you:
Would the UKBA normally grant an extension of leave to remain after having overtayed by almost 3 months? Please note, i had no legal representations, simply resubmitted my application complying with their requests.
I strongly believe that there has been an administrative error internally but until i receive my SAR, i would never know.
the reason my applications were rejected was firstly signature and secondly payment. i subsequently paid my fee by sending through a postal order. i have no way of tracking the postal order from the post office.

Can anyone pleas give me their thoughts on this? i am happy to give more information if needed.

many thanks

[vinny]

I don't think that there was any 28 days limitations under 61 in 2008.

Why were your applications rejected in Feb and April, 2008?

[lavenda2005]

Hi Vinny,

first time it was rejected it was because i forgot to sign the payments page. So i signed and returned the forms but they sent it back again because they could not take payment. So i went out and bought a postal order and then resent to them.

what i wonder about it, if for some reason, i did indeed take 86 days to respond to them, they granted my leave to remain anyway, and regularised my stay, meaning my visa was issued, valid from the date my previous visa expired, why is it a problem today?

thanks

[lavenda2005]

Vinny, following on from my previous post, i was rejected the first time due to payment and the second time was for a signature.

[vinny]

I think that your application was still valid on Feb 8 and March 3, 2008. Therefore, it still may be valid on 2 April 2008.

See also LR Continuous lawful residence, 28 days, previous rejections.

[lavenda2005]

Hi Vinny,

yes my application was still valid which is why i was granted further leave to remain as a student.
What concerns me is that with my most recent application for ILR based on 10yr residence, my application was REFUSED because the UKBA claims that it took me 86 days to respond to a previous REJECTION and so i was an illegal stayer for 86 days.
This is all very strange especially as my leave to remain was regularized, meaning my visa was subsequently issued starting from the day my previous visa expired.
i see from some other comments on mian-suraj profile that although he had a rejection and not a refusal, his leave to remain was not regularized as his visa was only valid from the date he RESENT his REJECTED application.

Your input would be most appreciated.

Many thanks

[lavenda2005]

please is there anyone else out there who has faced a similar situation and has had an outcome, either positive or negative? Responding to a REJECTED application beyond 28 days?

Thanks

[lavenda2005]

Hi Community,

I had my application for ILR based on 10yr long residence and was refused because i had 'overstayed' for a period of 86 days. Visa expired November 9 2015 and application for ILR launched December 3 (so out of time application)

Some history:
Applied for student visa on 31 Jan 2008 - rejected on 08 February - payment issue
sent postal order on 03 March 2008
Rejected again April 2, lack of school letter and transcript
Wrote to UKBA informing them i needed more time to obtain transcripts
this is indicated in my SAR but i do not see a copy of this letter.
27th June (exactly 86 days from the second refusal in April 2 2008) i submitted the requested documentation.
SAR file indicates that i launched an application on this date.
Application approved October 5 2008.
my SAR file indicates application in-time although this is written directly under my March re-submission.

the only out of time note on my file pertains to my December 2015 application.

Any ideas how i can fight this case?
Any ideas on some good lawyers to contact who can assist me on this case?

Many thanks

[lalo]

Hi Community,

I had my application for ILR based on 10yr long residence and was refused because i had 'overstayed' for a period of 86 days. Visa expired November 9 2015 and application for ILR launched December 3 (so out of time application)

Some history:
Applied for student visa on 31 Jan 2008 - rejected on 08 February - payment issue
sent postal order on 03 March 2008
Rejected again April 2, lack of school letter and transcript
Wrote to UKBA informing them i needed more time to obtain transcripts
this is indicated in my SAR but i do not see a copy of this letter.
27th June (exactly 86 days from the second refusal in April 2 2008) i submitted the requested documentation.
SAR file indicates that i launched an application on this date.
Application approved October 5 2008.
my SAR file indicates application in-time although this is written directly under my March re-submission.

the only out of time note on my file pertains to my December 2015 application.

Any ideas how i can fight this case?
Any ideas on some good lawyers to contact who can assist me on this case?

Many thanks

what happend to your case please could you uptade us

thanks

[CR001]

Hi Community,

I had my application for ILR based on 10yr long residence and was refused because i had 'overstayed' for a period of 86 days. Visa expired November 9 2015 and application for ILR launched December 3 (so out of time application)

Some history:
Applied for student visa on 31 Jan 2008 - rejected on 08 February - payment issue
sent postal order on 03 March 2008
Rejected again April 2, lack of school letter and transcript
Wrote to UKBA informing them i needed more time to obtain transcripts
this is indicated in my SAR but i do not see a copy of this letter.
27th June (exactly 86 days from the second refusal in April 2 2008) i submitted the requested documentation.
SAR file indicates that i launched an application on this date.
Application approved October 5 2008.
my SAR file indicates application in-time although this is written directly under my March re-submission.

the only out of time note on my file pertains to my December 2015 application.

Any ideas how i can fight this case?
Any ideas on some good lawyers to contact who can assist me on this case?

Many thanks

what happend to your case please could you uptade us

thanks

The OP last logged into the site on 11th April and has not posted anything since their last post in this topic.