ILR Refused

sashank · Post by **sashank** » Fri May 18, 2007 1:28 pm

Hi All

One of my friend apply for ILR on the basis of 10 year(Student through out)) and he was refused.

The basis for his refusal was being overstayed in the past (as per HO)

He has never been overstayed as far as he knows because he always sent his passport for renewal of visa before his old one expired.

He does not have any proof because HO asks applicant to keep proof of postage until they receive the passport back.

Once an applicant receive passport with visa endorsed, automatically it is assumed that there was no problem and there is no need to keep the proof of postage.

Now I change the subject a bit,

Should they not have let applicant know when they allegedly overstayed as applicant would have proof of postage so that he could have ractified the problem?

Now where does he stands?

I am also in the same boat as I do not know if I am overstayed. I do not know because what they have recorded in their system but I have always sent my passport on time and never had any problem extending visa.

I am sitting final years exam of recognised accountancy body and hopefully qualify as an accountant by this year. Will this be a positive point while applying ILR

I would appreciate any sensible discussion on the matter

Thanking you in advance
Sashank

EdgeHillMole · Post by **EdgeHillMole** » Fri May 18, 2007 11:20 pm

sashank wrote:He has never been overstayed as far as he knows because he always sent his passport for renewal of visa before his old one expired.

He does not have any proof because HO asks applicant to keep proof of postage until they receive the passport back.

Once an applicant receive passport with visa endorsed, automatically it is assumed that there was no problem and there is no need to keep the proof of postage.

Couldn't the Visa stamps in the passport be considered proof he hasn't overstayed? Provided, of course, his passport is stamped/endorsed with Visa stamps, and the expiry date of all Visa stamps reflect no gaps exist in the Visa over the entire 10-year period?

sashank · Post by **sashank** » Sat May 19, 2007 1:46 am

Couldn't the Visa stamps in the passport be considered proof he hasn't overstayed? Provided, of course, his passport is stamped/endorsed with Visa stamps, and the expiry date of all Visa stamps reflect no gaps exist in the Visa over the entire 10-year period?

There are gaps in between visas for example I have sent my passport on 12 of March 2007, they endorsed my passport with visa on 2nd apr 2007 and i received my passport on 6th apr. so there is clearly a gap of one day that is between 31st mar (my old visa expired) and 2nd apr. I have sent my passport on time therefore it is the HO that did not issue visa on 1st apr. Same thing happened to him too.

Sashank

SYH · Post by **SYH** » Sat May 19, 2007 9:56 am

sashank wrote:
There are gaps in between visas for example I have sent my passport on 12 of March 2007, they endorsed my passport with visa on 2nd apr 2007 and i received my passport on 6th apr. so there is clearly a gap of one day that is between 31st mar (my old visa expired) and 2nd apr. I have sent my passport on time therefore it is the HO that did not issue visa on 1st apr. Same thing happened to him too.

Sashank

That's not an overstay when its being processed your status is tolled

sashank · Post by **sashank** » Sat May 19, 2007 12:42 pm

TThat's not an overstay when its being processed your status is tolled

But in my friends case they issued visa in about four months time and the date they recorded when application received by HO is after the old visa expired but infact he sent application on time i.e. before the old one expired.

Sashank

SYH · Post by **SYH** » Sat May 19, 2007 12:48 pm

How could they record the application was received after the 31st when you mailed it on the 12th?
If you were late, they wouldn't have processed it.

sashank · Post by **sashank** » Sat May 19, 2007 12:53 pm

If you were late, they wouldn't have processed it.

There you go. That is the main point I do not understand. What they say is "you were overstayed in XXXX year for XX days therefore you can not apply for ILR" and infact he received the student visa without any problem in that year too.

Sashank

SYH · Post by **SYH** » Sat May 19, 2007 1:03 pm

UMM you are giving this into many pieces
Why dont you lay out the whole story with all the information at the same time

sashank · Post by **sashank** » Sat May 19, 2007 1:17 pm

UMM you are giving this into many pieces
Why dont you lay out the whole story with all the information at the same time

Hi Syh

He went to PCO in croydon in the first week of May for ILR on the basis of 10 years (Student). When he went to the counter and they said it is not possible for him to get ILR because he overstayed for about 3 month in the past (I do not remember the year which he explained). He argued that why did you let me stay here when I overstayed because I was illegal at the same moment, they did not decide on the same day and said that they will post his passport with the outcome within a week. In about 2 weeks time he received passport without ILR on the same basis. He was not allowed to appeal as well. But in that year he received the student visa without any problem but it was just delayed. They did not contact him regarding such issue.

Sashank

SYH · Post by **SYH** » Sat May 19, 2007 1:21 pm

well you need to provide the details and datea with history.
Without it, we are just guessing

sashank · Post by **sashank** » Sat May 19, 2007 1:24 pm

well you need to provide the details and datea with history.
Without it, we are just guessing

What do you mean?
Which details?

Sashank

Rover8098 · Post by **Rover8098** » Sat May 19, 2007 11:08 pm

Forgetting the debate about the overstay i.e. did he or didn't he, you say that your friend has applied for an ILR based on his 10 year stay in the UK as a STUDENT?? I did not reliase that those on student visas (i.e. with a time limit to their stay in the UK) were eligible to apply for an ILR, regardless of the length of their stay in the UK?

sunnyday · Post by **sunnyday** » Sat May 19, 2007 11:40 pm

sashank wrote:
If you were late, they wouldn't have processed it.
There you go. That is the main point I do not understand. What they say is "you were overstayed in XXXX year for XX days therefore you can not apply for ILR" and infact he received the student visa without any problem in that year too.

Sashank

Can he make an appeal?

sunnyday · Post by **sunnyday** » Sat May 19, 2007 11:43 pm

Rover8098 wrote:Forgetting the debate about the overstay i.e. did he or didn't he, you say that your friend has applied for an ILR based on his 10 year stay in the UK as a STUDENT?? I did not reliase that those on student visas (i.e. with a time limit to their stay in the UK) were eligible to apply for an ILR, regardless of the length of their stay in the UK?

What's so suprised about it? Isn't UK the only country imposes different restrictions on types of residency leading up to ILR? It takes 8 years of legal residency in Germany to obtain residency permit regardless the purpose of residency.

love_respect · Post by **love_respect** » Sun May 20, 2007 12:22 am

sashank wrote:

Couldn't the Visa stamps in the passport be considered proof he hasn't overstayed? Provided, of course, his passport is stamped/endorsed with Visa stamps, and the expiry date of all Visa stamps reflect no gaps exist in the Visa over the entire 10-year period?
There are gaps in between visas for example I have sent my passport on 12 of March 2007, they endorsed my passport with visa on 2nd apr 2007 and i received my passport on 6th apr. so there is clearly a gap of one day that is between 31st mar (my old visa expired) and 2nd apr. I have sent my passport on time therefore it is the HO that did not issue visa on 1st apr. Same thing happened to him too.

Sashank

According to the Chapter 1 (section 6), a valid application is considered to be â€œin timeâ€

Wanderer · Post by **Wanderer** » Sun May 20, 2007 12:26 am

sunnyday wrote:
Rover8098 wrote:Forgetting the debate about the overstay i.e. did he or didn't he, you say that your friend has applied for an ILR based on his 10 year stay in the UK as a STUDENT?? I did not reliase that those on student visas (i.e. with a time limit to their stay in the UK) were eligible to apply for an ILR, regardless of the length of their stay in the UK?
What's so suprised about it? Isn't UK the only country imposes different restrictions on types of residency leading up to ILR? It takes 8 years of legal residency in Germany to obtain residency permit regardless the purpose of residency.

I'm on Rover's side here, I can't see the logic of granting ILR to students, basically because a student visa is not a visa that is issued for a purpose leading to settlement. The sooner the HO shut this door the better.

It's patently obvious this route is abused, being realistic who can be a student for ten years? OK there are exceptions, be we all know of foreign students stringing out their stay here to get ILR, and yes I know a few.

sashank · Post by **sashank** » Sun May 20, 2007 1:50 am

postmark on the envelope containing the application should be taken as evidence of the date of posting; they (Home office) must retain all envelopes securely indefinitely.

That sounds helpful

Thanks Love respect

Sashank

Siggi · Post by **Siggi** » Mon May 21, 2007 10:47 am

Sunnday,
You are correct about one thing only and that is in Germany it takes 8years of legal residancy,(full time work) before you can apply for a residance permit.
This does however exclude student visa if you read the German Law correctly.

SYH · Post by **SYH** » Mon May 21, 2007 11:43 am

postmark on the envelope containing the application should be taken as evidence of the date of posting; they (Home office) must retain all envelopes securely indefinitely.

What else does the HO Keep, do they make copies of the evidence you previously submitted and how long do they keep it for?

OL7MAX · Post by **OL7MAX** » Mon May 21, 2007 12:56 pm

I am also in the same boat as I do not know if I am overstayed. I do not know because what they have recorded in their system

Slightly off topic but I'd advise you make an SAB request under the FOI Act to see what they've got on you.

sashank · Post by **sashank** » Mon May 21, 2007 5:56 pm

OL7MAX wrote:
Slightly off topic but I'd advise you make an SAB request under the FOI Act to see what they've got on you.

I have already done it but is it not the same the information in the PEO and one from SAB under FOI.

Sashank

William Blake · Post by **William Blake** » Wed Dec 19, 2007 2:41 pm

Wanderer wrote:
I'm on Rover's side here, I can't see the logic of granting ILR to students, basically because a student visa is not a visa that is issued for a purpose leading to settlement. The sooner the HO shut this door the better.

It's patently obvious this route is abused, being realistic who can be a student for ten years? OK there are exceptions, be we all know of foreign students stringing out their stay here to get ILR, and yes I know a few.

But clearly people have acombination of visas which includes being a student. At any rate most if not all immigration routes are abused. If you shut everything down because of abuse then what's left?

ci07jjs · Post by **ci07jjs** » Thu Dec 27, 2007 8:53 pm

know this is old - but how did the initial topic creator got on with their ILR application. As far I know if u submit the passport before the current leave expires, it does not count as a break regardless when the visa was stamped and returned.

Thanks

Jai

sashank · Post by **sashank** » Thu Dec 27, 2007 9:53 pm

William Blake wrote:
Wanderer wrote:
It's patently obvious this route is abused, being realistic who can be a student for ten years? OK there are exceptions, be we all know of foreign students stringing out their stay here to get ILR, and yes I know a few.
But clearly people have acombination of visas which includes being a student. At any rate most if not all immigration routes are abused. If you shut everything down because of abuse then what's left?

I would ask Wanderer to see and give comment on it if there is any.

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