Employer letter to cover annual leave absenses-10years route

[bigben1982]

No

@iworker Thanks a lot.

[bigben1982]

Could someone please explain me the following scenario?

What is the legal status of an applicant,between visa expiry date(while visa application on process)until withdrawing the appeal from FTT before few days of the hearing date?

I was told,if you withdraw the appeal before hearing,the 3 C leave you got will be invaild.Also,you are an over stayer immediately from the day of visa expiry until the new visa granted.

Is this correct?

Please note:On the day I withdrawn the appeal,I submitted a fresh same category application and it was accepted and received LR.

[vinny]

No. I believe that Section 3C terminates when you withdraw your appeal. It doesn't retrospectively become invalid when your leave expired.

[bigben1982]

No. I believe that Section 3C terminates when you withdraw your appeal. It doesn't retrospectively become invalid when your leave expired.

Dear Vinny
Thanks a lot for the reply.You are very helpful always.

I don't understand the 2nd link that leads to a JR case history.However,to simply the facts,

1.The case worker accepted my fresh application so that means,I made fresh application according to the rules right?I could see going through my SAR,caseworker made a note that I have an appeal pending and requested the withdrawal confirmation from FTT before resuming my new application.All happened before appeal right was exhausted.

2.After bringing 3C to end with the withdrawal,I filed fresh application using 10 days premium service and got the LR withing 10 days.Therefore,could you say that I didn't break the continuous residency?

Please kindly advice me.

[vinny]

You were an overstayer. But it was disregarded, in line with the immigration rules. Hence, they granted ILR.

[bigben1982]

You were an overstayer. But it was disregarded, in line with the immigration rules. Hence, they granted ILR.

Dear Vinny,
Thanks a lot again.
Ok got it.So according to Section 39 E (2) (ii),they applied this rule and disregarded my overstay just because I applied within 14 days of withdrawing the appeal hearing(this happened in May 2015).
I haven't got ILR yet but I understand that you tried to say,"they granted LR".I will be eligible to apply for ILR this summer.
Much appreciate your assistance.

[vinny]

Please note:On the day I withdrawn the appeal,I submitted a fresh same category application and it was accepted and received LR.

I had misunderstood this to mean that you had received ILR under LR?

[bigben1982]

Hi Vinny,
I mean after withdrawing the appeal hearing,I filed a fresh Tier 2 general application and it was accepted and they grant me 2 more years of Tier 2 General extension.This is what I meant by "received LR".
Am I still safe?
Have I broken the long term 10 years continuous residency then?I am worried now.Please kindly advice me.Thanks.

[vinny]

You should be safe. This overstay would also be disregarded for SET(LR) as it was for the Tier 2 (General).

[bigben1982]

Thanks a lot Vinni for helping me out.Much appreciate your assistance.

[bigben1982]

Dear forum experts,
Could some experts give me some clarification on the following issue?

Type C visitor visa(applied from outside UK)-Granted on 07.06.2007 valid until 07.12.2007

Arrived UK very 1st time as a visitor to meet my uncle-24.06.2007

Returned back from UK-24.08.2007

Received 1st student visa from outside UK-14.09.2007

Came back to UK on student visa-04.10.2007

Since then I have received PSW&currently on Tier 2 General.

Could some experts please kindly advice me when my continuous residency long term 10 years started?When will I be eligible to apply?

[vinny]

Apply from Saturday, 27 May 2017.

[bigben1982]

Apply from Saturday, 27 May 2017.

Dear Vinny,
Thanks a lot for replying me.If you don't mind,could you please kindly send me some links related to that law which says the visitor visa also counted towards ILR please?

[vinny]

Apply

[bigben1982]

Apply

Dear Vinny,
Thanks a lot for the link.Much appreciate your assistance.Have a great day!

[vinny]

Please refrain from duplicating your post all over the forum, especially in sub forums not relevant to your visa category. When a member is free and willing/able to respond I am sure they will.

Please continue in your existing topic you already started in the ILR sub forum, where you have already received a response.

http://www.immigrationboards.com/indefi ... l#p1441995

See also Multiple Posts (click)

[bigben1982]

Would I need to submit employer letter including my annual leave absences for the time period I was on Tier 2 General?I will be applying for ILR through long term residency 10 years route.
Could any experts advice me please?

[CR001]

Not required for ILR based on long residence.

[bigben1982]

Thanks again CR001.