ILR(LR) - break in continues residence and application rejected

[perf]

Hi,

Many thanks to all the posters and moderators on this forum. There is lot of information in this forum and I have been reading it over the last few days and your content and responses are of high quality.

My story is that recently my ILR(LR) application was rejected, following is the details and my immigration history:-

Came to UK on 25 Jan 2009 had leave to remain until 30 September 2010.

On 28 September 2010 applied in time for Tier 4 leave to remain and were granted until 15 April 2011.

On 14 April 2011 applied in time for Tier 4 leave to remain and rejected on 17 May 2011 due to card payment being refused.

On 24 May 2011 applied out of time for Tier 4 leave to remain and were granted until 31 May 2012.

On 30 March 2012 applied in time for Tier 1 post study leave to remain and were granted until 11 August 2014.

On 04 August 2014 in time for Tier 2 Dependent leave to remain and were granted until 27 May 2021.

On 01 January 2019 applied for 10 years long residence indefinite leave to remain and home office offered limited leave to remain for 30 months under Appendix FM and paragraphs 276ADE(1) – CE, provided I pay £500 immigration health surcharge. Reason for this is the following:-

“We are not satisfied that you meet the requirements of paragraph 276B(i)(a)&(v) of the Immigration Rules. As can be seen from your immigration history presented above, there was a break in your continues residence, This is due to your attempted application of 14 April 2011 being rejected and your next application of 24 May 2011 being submitted more than 28 days out of time.”

Letter also says if I don't pay IHS in 10 days, my application will be invalid and I won't be able to appeal this decision.

My questions are:
1. Is this decision affect my existing leave to remain?
2. I was under the impression that before 2016, 28 days will be calculated from the date of rejection, is this not the case?
3. I think HO is right as per current policy guidance for ILR(LR) page 18 - https://assets.publishing.service.gov.u ... -v15_0.pdf. However I think when the incident in question happened (May 2011) 28 days was calculated from the date of rejection - indefinite-leave-to-remain/10-years-lon ... l#p1702808. If this is true is it going to benefit me?
4. Can I apply for an Administrative Review?
5. What are my options?

Any help will be much appreciated.

[Sunny024]

Ho was wrong. 39e applies to your case and any period of overstaying should have been discounted. Subsequent leave was granted after overstaying as well.
All the best!

[perf]

Hi Sunny024,

Thanks for the reply.

I thought the same, but under Immigration Rules 276B(v)(a) - https://www.gov.uk/guidance/immigration ... categories and ILR(LR) policy guidence page 18 - https://assets.publishing.service.gov.u ... -v15_0.pdf 34E applies applications made on or after 24 November 2016.

Could you please clarify.

[CR001]

As you have a valid pbs dependent visa, DO NOT accept the offer from HO as this will wipe out your pbs dependent time. You can apply for ILR in July this year based on pbs dependent and 5 years residence rovidwd the main PBS visa holder also applies or has applied for ILR based on pbs route and not long residence.

You need to let HO know as you have a valid pbs dep visa that you choose to remain on that route if that is what you wish to do.

[perf]

Thanks CR001,

Thanks for the reply.

Main applicant have British citizenship. How can I let HO notify the fact that I already have leave to remain and do not accept their offer?

[CR001]

On what basis did your spouse get ILR??

Have HO given you a contact email or address??

[perf]

Spouse got ILR under Tier 2. They haven't given me any email or address.

[perf]

Any update will be much appreciated.