Need help defining 'Applied within 28 day'

[mamau89]

Hello people,

I'm am thinking of applying for an ILR(LR) but am not sure if I qualify for the 10 years of continuous lawful residence. The reason is that during my 5th year, beginning of 2013, I overstayed which i reapplied. Please read my situation below and advise. Thank you.

My visa was due to expire on the 1st of March 2013. I re-applied back home in Malaysia but I am unsure which dates counts as 'date of application' as its a lengthy process and certain dates go over the 29th of March 2013.
The following are the dateline to my application:
VFS Manila via Kuala Lumpur.
Date of online application submitted and paid for: 25th March 2013
Date of appointment to submit documents and take picture(not application form): 7th May 2013
Date of approval of visa pending return of: 21st May 2013
p.s. I don't know if this applies but the reason why the application is quite last minute is due to a misunderstanding that T5 visa holders could make a T4 application within the country which was wrong and I immediately arranged my journey home and applied for a new entry pending university CAS + ATAS.

So the question here is which dates counts as the 'Application Date'?

I know this is a very grey area but can anyone help me on this?

[CR001]

What is your exact full UK immigration history including visa start/expiry dates and the date you left the UK in 2013 and dates of entries etc.

[mamau89]

Basically I first arrived in the UK in August 2008 and never had a gap except for what I described above. My visa timeline basically goes like this;
18th Aug 2008 - Sept 2012 = T4 Student
Sept 2012 - 1st March 2013 = T5 Visa (working pre-reg)
21st April 2013 - Sept 2017 = T4 Student
Sept 2017 - Nov 2018= Postgraduate extension scheme
^ Based on Date of Issue^

Note that I made a mistake in my first post about the dates.
****Amended dates are here in BOLD*******
Date of online application submitted and paid for: 25th March 2013
Date of appointment to submit documents and take picture(not application form): 7th APRIL 2013
Date of approval of visa pending return of: 21st APRIL 2013
******************************************
I know I have the 10 years but I am just not sure if I broke continuous residence due to how vague the word 'applied within 28 days' mean. I wasn't too sure if starting the application process counts as applying.

In Malaysia it's slightly different to how we get our Visa done. We complete an online application form, submit and pay. Then we arrange for an appointment to submit our official documents (passport and evidence) and take our bio-metrics to be sent to Manilla where the case workers are. Finally we get informed via email and within a week, it'll be sent back to where we had our appointment

[mamau89]

Forgot to add an information you requested. Left UK on the 28th March which is 27 days after expired visa. D

[CR001]

Date of online application submitted and paid for: 25th March 2013

So you applied online while still in the UK with no valid visa??

Page 10 in link below.

https://assets.publishing.service.gov.u ... -v15_0.pdf

[mamau89]

Yes but applied to VFS Malaysia, not via 'within UK application routes'. The reason was there was no available flights before those dates to the date i noticed

[mamau89]

I am aware of this clause;
>Departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months

But am confused what date which I put above counts as applied for fresh entry clearance.

[mamau89]

I read page 10 thoroughly. Nothing said about not being able to start the application from home via online methods while being in the country and also the overstay should be waived if the application date is 25th of March which is within the 28 days. The biggest question to me is still the grey area to what date would be considered my application date.

Anyone has any insight on this matter?