Long Residence (10 years) SET (LR) applications

[Moon84]

Hi All,
I will apply ilr on 10 years on premium services next month my current visa is valid till Nov 2016 could you please advise me if my application will refuse with right of appeal before my valid visa expire my status is valid on section 3c leave or i will become overstay after expiry my visa even i apply appeal.

[CR001]

If you have valid leave I believe you don't get right of appeal.

[Moon84]

If you have valid leave I believe you don't get right of appeal.

Hi CR thank you for your reply could you please see below post and let me know please regarding appeal right on LR. Also if I apply by post do you know how I can apply for my wife on post. I mean her visa will expire soon if I apply in post can I send FLR FM for her and will ask HO to hold her application until I get decision on my application it is possible please advise me.

ILR (10 Years) Refused

Postby muk4876 » Mon Aug 08, 2016 12:51 pm

Hi,

i recently applied for ILR based on 10 years long residence and my application was refused because HM thinks that there was a gap of 115 days in my lawful continuous residence.
i have been given a right to appeal which i will entertain, i just to know whether someone else has been in a similar situation or what could be best course of action and what rules and clauses i could use to support my case. also any recommendations would be appreciated. i will lay down the time line

Immigration History
• 3rd August 2006 Student Visa Granted until 31st July 2008
• 29th September 2006 entered UK based on that student Visa
• on 26th August 2008 applied for student visa extension. which was granted from 10th November 2008 until 31st May 2009
• on 4th June 2009 applied for Tier 4 (General) which was refused on 21st July 2009(didn't have enough maintenance funds and the actual date of refusal is 31st of July 2009) without right to appeal.
• 26th August 2009 applied with a fresh application under Tier 4 (General) which was granted from 24th September 2009 until 30th January 2010.
• 28th January 2010 applied for Tier 1 (PSW) which was granted from 25th Feb 2010 until 25th Feb 2012.
• 14th Feb 2012 applied for Tier 2 (General), which was granted from 16th April 2012 until 20th Feb 2015.
• 13th December 2014 applied for Tier 2 (General) extension, which was granted from 17th December 2014 until 5th March 2018.
• 3rd August 2015 applied for Tier 2(General) job change, which was granted from 22nd September 2015 until 11th August 2017.

Evidence and reason used for Refusal from HM
The refusal is based on the immigration rule under paragraph 276D which requires 276B to be met
276B (i) (a) he has had at least 10 years’ continuous lawful residence in the UK.
(v) 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 remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28-day period.

[Moon84]

If you have valid leave I believe you don't get right of appeal.

Hi CR thank you for your reply could you please see below post and let me know please regarding appeal right on LR. Also if I apply by post do you know how I can apply for my wife on post. I mean her visa will expire soon if I apply in post can I send FLR FM for her and will ask HO to hold her application until I get decision on my application it is possible please advise me.

ILR (10 Years) Refused

Postby muk4876 » Mon Aug 08, 2016 12:51 pm

Hi,

i recently applied for ILR based on 10 years long residence and my application was refused because HM thinks that there was a gap of 115 days in my lawful continuous residence.
i have been given a right to appeal which i will entertain, i just to know whether someone else has been in a similar situation or what could be best course of action and what rules and clauses i could use to support my case. also any recommendations would be appreciated. i will lay down the time line

Immigration History
• 3rd August 2006 Student Visa Granted until 31st July 2008
• 29th September 2006 entered UK based on that student Visa
• on 26th August 2008 applied for student visa extension. which was granted from 10th November 2008 until 31st May 2009
• on 4th June 2009 applied for Tier 4 (General) which was refused on 21st July 2009(didn't have enough maintenance funds and the actual date of refusal is 31st of July 2009) without right to appeal.
• 26th August 2009 applied with a fresh application under Tier 4 (General) which was granted from 24th September 2009 until 30th January 2010.
• 28th January 2010 applied for Tier 1 (PSW) which was granted from 25th Feb 2010 until 25th Feb 2012.
• 14th Feb 2012 applied for Tier 2 (General), which was granted from 16th April 2012 until 20th Feb 2015.
• 13th December 2014 applied for Tier 2 (General) extension, which was granted from 17th December 2014 until 5th March 2018.
• 3rd August 2015 applied for Tier 2(General) job change, which was granted from 22nd September 2015 until 11th August 2017.

Evidence and reason used for Refusal from HM
The refusal is based on the immigration rule under paragraph 276D which requires 276B to be met
276B (i) (a) he has had at least 10 years’ continuous lawful residence in the UK.
(v) 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 remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28-day period.

Hi All,
any body can help me please on above post. thank you in advance.

[robertholdon]

If you have valid leave I believe you don't get right of appeal.

Hi CR thank you for your reply could you please see below post and let me know please regarding appeal right on LR. Also if I apply by post do you know how I can apply for my wife on post. I mean her visa will expire soon if I apply in post can I send FLR FM for her and will ask HO to hold her application until I get decision on my application it is possible please advise me.

ILR (10 Years) Refused

Postby muk4876 » Mon Aug 08, 2016 12:51 pm

Hi,

i recently applied for ILR based on 10 years long residence and my application was refused because HM thinks that there was a gap of 115 days in my lawful continuous residence.
i have been given a right to appeal which i will entertain, i just to know whether someone else has been in a similar situation or what could be best course of action and what rules and clauses i could use to support my case. also any recommendations would be appreciated. i will lay down the time line

Immigration History
• 3rd August 2006 Student Visa Granted until 31st July 2008
• 29th September 2006 entered UK based on that student Visa
• on 26th August 2008 applied for student visa extension. which was granted from 10th November 2008 until 31st May 2009
• on 4th June 2009 applied for Tier 4 (General) which was refused on 21st July 2009(didn't have enough maintenance funds and the actual date of refusal is 31st of July 2009) without right to appeal.
• 26th August 2009 applied with a fresh application under Tier 4 (General) which was granted from 24th September 2009 until 30th January 2010.
• 28th January 2010 applied for Tier 1 (PSW) which was granted from 25th Feb 2010 until 25th Feb 2012.
• 14th Feb 2012 applied for Tier 2 (General), which was granted from 16th April 2012 until 20th Feb 2015.
• 13th December 2014 applied for Tier 2 (General) extension, which was granted from 17th December 2014 until 5th March 2018.
• 3rd August 2015 applied for Tier 2(General) job change, which was granted from 22nd September 2015 until 11th August 2017.

Evidence and reason used for Refusal from HM
The refusal is based on the immigration rule under paragraph 276D which requires 276B to be met
276B (i) (a) he has had at least 10 years’ continuous lawful residence in the UK.
(v) 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 remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28-day period.

Hi All,
any body can help me please on above post. thank you in advance.

Did you get refused because of your history in 2009? I can see that the whole period seems alright for ILR application. It's probably better for you to request SAR as it will tell everything.

[Longbattle]

Hi
Sorry to hear about your refusal. You didnt mention your travel history. May be you spend more time outside the country.
And you applied your first extension you applied after your visa expires. And 28days grays period i think is to utilise when you have refusal or some other circumstancs but you applied both times after tour visa expired. I am not sure see what respected guru will say.
Best of luck

[yhm75]

Hi

Your immigration history
I can see you wrote visa valid until 31 may 2009
And you applied 4 June 2009 which was after your visa expire
Means with in 28 days grace period
It's means you was overstay when you applied visa on 4 June 2009 and no 3c applies
Then you refused 21 July 2009 without appeal right because your visa was expired when you was submit visa application 4 June 2009 it's means no 3c you was overstay when you applied visa
It's mean you was overstay from 31 may 2009 til 21 July 2009

If visa was granted on 21 July 2009 then your time was disregarded according to rule but you refused
You are overstay in that period
Your continuous resedent period was broken

[robertholdon]

[quote="yhm75"]Hi

Your immigration history
I can see you wrote visa valid until 31 may 2009
And you applied 4 June 2009 which was after your visa expire
Means with in 28 days grace period
It's means you was overstay when you applied visa on 4 June 2009 and no 3c applies
Then you refused 21 July 2009 without appeal right because your visa was expired when you was submit visa application 4 June 2009 it's means no 3c you was overstay when you applied visa
It's mean you was overstay from 31 may 2009 til 21 July 2009

If visa was granted on 21 July 2009 then your time was disregarded according to rule but you refused
You are overstay in that period
Your continuous resedent period was broken[/quote]

Correct. No 3c applies.