ILR Refused for 67days latness

[sosolid1234]

Hi,

Can anyone assist me,

I was refused my ILR (10years) due to the fact that I was late in applying for previous visas while i was a student in 1999 and 2005. I am currently working as I had a work permit for a year when I applied for my ILR.

All my late applications were subsequently granted. therefore I am surprised that the HO will go back and refer to this and classify my lateness as unlawful residence.

I have also not been out of the country for almost 8 years.

I found the section on 276A. For the purposes of paragraphs 276B to 276D:

b) "lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.


Can anyone clarify ii and iii above and confirm if this is relevant in my case and if you have any other case laws or anything i can back this up with when appealing

[paulp]

Hi,

Are there any compassionate reasons why you applied late? The HO has tightened up considerably with regards to overstaying, which is what I think happened in your case, let alone gaps. Can you give us the dates on which your previous visas ran out and when you applied (whether at PEO or sent in the post) for new visas?

(i) means that at all time, you should have a valid visa or you must have applied for another visa before your current one expires (hence extension of leave to remain by Section 3C of the Immigration Act)

(ii) is for people who are given temporary admission by the HO which doesn't seem to apply in your case.

[sosolid1234]

hi,

The details are as follows

1997 - October 1999- entry to the UK A levels
1999-2000 - university
2000 - 2002 - University
2002 - 2004 - College course and moved to postgraduate course
2004 - 30th March 2005 - Postgraduate
Applied on the 26th of April 2005 due to waiting for supporting documents from sponsor and when i sent it it came back due to banking error and then i had to resend it again i was granted until January 2006. (cover letter sent to explain reason)

OUT OF TIME 26/04/05 - 30/03/05 = 27days
taking rejection date - out of time 18/05/05 - 30/03/05 = 49days

I renewed in 1st of march 2006 it was late due to waiting for sponsors document (cover letter sent to explain reason) Visa granted until 2006

OUT OF TIME 01/03/06 -31/01/06 =29days


2006 - 2007- SEGS

Applied for ILR - November 2007, I was in time


Total calculated 78days out of Time. Will i be able to argue the fact that the Visas were subsequently granted and the HO cannot use that against me. Especially when the reason for lateness were not in my control since i was not supporting myself.

[Wanderer]

I renewed in 1st of march 2006 it was late due to waiting for sponsors document (cover letter sent to explain reason) Visa granted until 2006

OUT OF TIME 01/03/06 -31/01/06 =29days

I think will be the main issue, I don't think the HO will care about the tardiness of you and your sponsors intercommunication, and to be honest you can see their point of view.

[paulp]

Total calculated 78days out of Time. Will i be able to argue the fact that the Visas were subsequently granted and the HO cannot use that against me. Especially when the reason for lateness were not in my control since i was not supporting myself.

Unfortunately not, the granting of FLR has no effect on granting of ILR. They are for two different purposes, one is allowing you to stay a few more years to study while the other is allowing you to stay indefinitely to live and work here.

I think it will be very very hard to get ILR since you essentially do not have 10 years of continuous valid leave to remain, which is the main criteria of the 10 year ILR. If you had compassionate reasons, you could have asked for the caseworkers discretion but I'm afraid waiting for documents does not count as compassionate.

[sosolid1234]

Hi,

I just found my covering letter which stated that I was taking exams and moving house as of the time I was initially late. Those that stand for compassionate reasons enough?

Also, a friend in the same similar situation had a lateness of 4 months and was given his ILR. Will i be able to quote him or his case and will it help my own case?

Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Can anyone clarify this for me since this changes are silent

[republique]

Hi,

I just found my covering letter which stated that I was taking exams and moving house as of the time I was initially late. Those that stand for compassionate reasons enough?

Also, a friend in the same similar situation had a lateness of 4 months and was given his ILR. Will i be able to quote him or his case and will it help my own case?

Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Can anyone clarify this for me since this changes are silent

and your friend's basis for lateness was due to exams and moving house?

[sosolid1234]

Hi,

I just found my covering letter which stated that I was taking exams and moving house as of the time I was initially late. Those that stand for compassionate reasons enough?

Also, a friend in the same similar situation had a lateness of 4 months and was given his ILR. Will i be able to quote him or his case and will it help my own case?

Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Can anyone clarify this for me since this changes are silent

and your friend's basis for lateness was due to exams and moving house?

Hi,

Even worse he just forgot, at least I had a reasom

[republique]

Hi,

I just found my covering letter which stated that I was taking exams and moving house as of the time I was initially late. Those that stand for compassionate reasons enough?

Also, a friend in the same similar situation had a lateness of 4 months and was given his ILR. Will i be able to quote him or his case and will it help my own case?

Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Can anyone clarify this for me since this changes are silent

and your friend's basis for lateness was due to exams and moving house?

Hi,

Even worse he just forgot, at least I had a reasom

I find it hard to believe. Further, then why would he state compassionate gronds if there werent any.

[sosolid1234]

Hi,

I just found my covering letter which stated that I was taking exams and moving house as of the time I was initially late. Those that stand for compassionate reasons enough?

Also, a friend in the same similar situation had a lateness of 4 months and was given his ILR. Will i be able to quote him or his case and will it help my own case?

Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Can anyone clarify this for me since this changes are silent

and your friend's basis for lateness was due to exams and moving house?

Hi,

Even worse he just forgot, at least I had a reasom

I find it hard to believe. Further, then why would he state compassionate gronds if there werent any.

hi,

My friend did not state compassionate grounds, I am pointing out that he made an application for ILR and was given based on 10yrs and we both know he was late to renew his visa back in 2002 for like 4 months.

My point, is since he got his and I am having problems with mine, will it be possible to use his case as an example to show that another person was treated differently to me which shows discrimination towards me.

[republique]

and your friend's basis for lateness was due to exams and moving house?

Hi,

Even worse he just forgot, at least I had a reasom

I find it hard to believe. Further, then why would he state compassionate gronds if there werent any.

hi,

My friend did not state compassionate grounds, I am pointing out that he made an application for ILR and was given based on 10yrs and we both know he was late to renew his visa back in 2002 for like 4 months.

My point, is since he got his and I am having problems with mine, will it be possible to use his case as an example to show that another person was treated differently to me which shows discrimination towards me.

Without knowing the details of his applications, it would be not helpful to say someone else was late so I should get it too reasoning.

[sosolid1234]

Hi,

Even worse he just forgot, at least I had a reasom

I find it hard to believe. Further, then why would he state compassionate gronds if there werent any.

hi,

My friend did not state compassionate grounds, I am pointing out that he made an application for ILR and was given based on 10yrs and we both know he was late to renew his visa back in 2002 for like 4 months.

My point, is since he got his and I am having problems with mine, will it be possible to use his case as an example to show that another person was treated differently to me which shows discrimination towards me.

Without knowing the details of his applications, it would be not helpful to say someone else was late so I should get it too reasoning.

Hi,

We have requested his file and will know more when I get it. But my point is if there are no reasons and he was just blatantly late and was still given ILR. Do I have a case

[sosolid1234]

Hi,

Also, what about Also, the ground based upon the change in the terms of the long residence concession seems to be in my favour. Do you an opinion on that since this changes are silent

[republique]

Hi,

We have requested his file and will know more when I get it. But my point is if there are no reasons and he was just blatantly late and was still given ILR. Do I have a case

I doubt it
And I dont see why you are requesting his file, can he not give you his history and provide you a copy of his application for ILR?

[sosolid1234]

Hi,

We have requested his file and will know more when I get it. But my point is if there are no reasons and he was just blatantly late and was still given ILR. Do I have a case

I doubt it
And I dont see why you are requesting his file, can he not give you his history and provide you a copy of his application for ILR?

Hi,

Reasons for requesting his file is to calculate all the times he was Out of time like me. He confirms he was out of time but he cant say when. Also he does not have a copy since he posted it himself, also if i have to go to court of appeal i have to have facts not just say so evidence

[republique]

Hi,

We have requested his file and will know more when I get it. But my point is if there are no reasons and he was just blatantly late and was still given ILR. Do I have a case

I doubt it
And I dont see why you are requesting his file, can he not give you his history and provide you a copy of his application for ILR?

Hi,

Reasons for requesting his file is to calculate all the times he was Out of time like me. He confirms he was out of time but he cant say when. Also he does not have a copy since he posted it himself, also if i have to go to court of appeal i have to have facts not just say so evidence

All I can say is that if he was out of time for four months, then he has to have a good explanation. And you say, he didnt offer one to the home office. I find that hard to believe.

[sosolid1234]

Hi,

We have requested his file and will know more when I get it. But my point is if there are no reasons and he was just blatantly late and was still given ILR. Do I have a case

I doubt it
And I dont see why you are requesting his file, can he not give you his history and provide you a copy of his application for ILR?

Hi,

Reasons for requesting his file is to calculate all the times he was Out of time like me. He confirms he was out of time but he cant say when. Also he does not have a copy since he posted it himself, also if i have to go to court of appeal i have to have facts not just say so evidence

All I can say is that if he was out of time for four months, then he has to have a good explanation. And you say, he didnt offer one to the home office. I find that hard to believe.

Hi,

That I will find out when i get his file, what I want to know is if he did not offer an explanation to the HO for his lateness and was given ILR, DO I have a case

[republique]

I doubt it
And I dont see why you are requesting his file, can he not give you his history and provide you a copy of his application for ILR?

Hi,

Reasons for requesting his file is to calculate all the times he was Out of time like me. He confirms he was out of time but he cant say when. Also he does not have a copy since he posted it himself, also if i have to go to court of appeal i have to have facts not just say so evidence

All I can say is that if he was out of time for four months, then he has to have a good explanation. And you say, he didnt offer one to the home office. I find that hard to believe.

Hi,

That I will find out when i get his file, what I want to know is if he did not offer an explanation to the HO for his lateness and was given ILR, DO I have a case

NO

[sosolid1234]

Hi,

Reasons for requesting his file is to calculate all the times he was Out of time like me. He confirms he was out of time but he cant say when. Also he does not have a copy since he posted it himself, also if i have to go to court of appeal i have to have facts not just say so evidence

All I can say is that if he was out of time for four months, then he has to have a good explanation. And you say, he didnt offer one to the home office. I find that hard to believe.

Hi,

That I will find out when i get his file, what I want to know is if he did not offer an explanation to the HO for his lateness and was given ILR, DO I have a case

NO

Hi,

Thanks for that, but can you clarify the reason it will not be valid

[republique]

All I can say is that if he was out of time for four months, then he has to have a good explanation. And you say, he didnt offer one to the home office. I find that hard to believe.

Hi,

That I will find out when i get his file, what I want to know is if he did not offer an explanation to the HO for his lateness and was given ILR, DO I have a case

NO

Hi,

Thanks for that, but can you clarify the reason it will not be valid

Why should they take this one case and say ok you too. First of all, I am sure there was some good reason for it being accepted and you just haven't gotten all the facts to realize it. Second if they made exception, that was their call to make. Third, if they made a mistake, then it certainly doesn't help you.
You are grasping at straws, you need some reason that is rooted in principles that they have laid out as the rules.
As I already said, a me too approach just isn't going to cut it.

[sosolid1234]

Hi,

That I will find out when i get his file, what I want to know is if he did not offer an explanation to the HO for his lateness and was given ILR, DO I have a case

NO

Hi,

Thanks for that, but can you clarify the reason it will not be valid

Why should they take this one case and say ok you too. First of all, I am sure there was some good reason for it being accepted and you just haven't gotten all the facts to realize it. Second if they made exception, that was their call to make. Third, if they made a mistake, then it certainly doesn't help you.
You are grasping at straws, you need some reason that is rooted in principles that they have laid out as the rules.
As I already said, a me too approach just isn't going to cut it.

Hi,

Thanks for that, I totally agree on that. That is why am using the case ground based upon the change in the terms of the long residence concession seems to be in my favour. Do you have an opinion on that since this changes are silent and I cant locate where this changes have been clarified

[vinny]

When did your friend apply for ILR? The implementation of the Long residence instructions started on 2 April 2007. See also Updated (14/05/2008) Long Residence 'continuous residence' interpretation Determination Details.

[republique]

Why should they take this one case and say ok you too. First of all, I am sure there was some good reason for it being accepted and you just haven't gotten all the facts to realize it. Second if they made exception, that was their call to make. Third, if they made a mistake, then it certainly doesn't help you.
You are grasping at straws, you need some reason that is rooted in principles that they have laid out as the rules.
As I already said, a me too approach just isn't going to cut it.

Hi,

Thanks for that, I totally agree on that. That is why am using the case ground based upon the change in the terms of the long residence concession seems to be in my favour. Do you have an opinion on that since this changes are silent and I cant locate where this changes have been clarified

I have no idea what you are talking about. You must lay out clearly what changes, how they have impacted you and redefine clearly what are your grounds.

[sosolid1234]

When did your friend apply for ILR? The implementation of the Long residence instructions started on 2 April 2007. See also Updated (14/05/2008) Long Residence 'continuous residence' interpretation Determination Details.

Hi,

My friend applied January 2008. I have looked at the document and it looks like l have a case. However, can you clarify what this section is trying to imply
"If the applicant was here with a right to reside under the EEA Regulations when he left the UK, and was readmitted under the EEA Regulations, then his residence may be treated as continuous (provided that his total absences do not exceed eighteen months and no individual absence exceeds six months)."


The EEA Regulations are
"Continuity of residence
3. —(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.

(2) Continuity of residence is not affected by —

(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;

(b) periods of absence from the United Kingdom on military service; or

(c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

(3) But continuity of residence is broken if a person is removed from the United Kingdom under regulation 19(3)."

What is your opinion on this, I have never left the UK for over 8 yrs. Also those it state anywhere that late application that have been previously approved “stops the clockâ€

[paulp]

Sosolid, are you from an EEA country? You mention the change in long residence concession. the 10-year ILR rule is no longer a concession and unless they have changed the nature of the rule itself, i.e. they no longer require continuous 10 year legal residence, then any out of time period breaks this 10 year of continuous leave.

A caseworker exercising his discretion does not bind another caseworker's decision. That's the very definition of discretion.