Help please 10 years in stake RE: break in long residency???

Hi guys

Really need some help here from all the experts

I have been in the country since 10/09/2004. I am from pakistan but because my dad works for pakistan embassy in turkey my first visa was issued in turkey as a student back in 2004

I came into this country on 10/09/2004 and my visas since then are as follows

From 10/09/2004 to 31/10/2006 i applied for extension before my visa was expiring and i got a letter that HO wants to know the reason why my attendance was low, to which i got doctors letter saying i was depressed due to family death. And HO accepted and issues a visa starting

Extension from 30/01/2007 to 30/01/2008 as explained earlier it took 3 months for HO to make the decision

Then i applied before 30/01/2007 before my visa was expired for extension on tier 4 again, and got granted an extension

From 04/03/2008 to 30/06/2009

And then again i applied before my visa expired as a tier 4 again
AND
home office sent me a letter saying that the card number i provided didnt go through and asked me to resubmit the application with the correct fee. The mistake i made there was i sent the bank statement which didn't have enough money init and home office refused my application and gave me 2 option either i appeal within 28 days or i leave within 28 days.
I then went to my solicitor and he advised me to resubmit the fresh application which i did within those 28 days and got tier 4 visa granted

From 01/10/2009 to 30/10/2012 (took 3 months to get visa)

I then applied for PSW i finished my degree earlier and got the PSW issued

From 03/02/2012 to 03/02/2014

I then applied before my PSW expired for tier 4 with no establish place and showed £13000 in the bank and got tier4 issed

From 18/02/2014 to 12/10/2015


My question is in the above 2 periods where i was corresponding with HO
1. due to attendance (but got the visa issued)
2. Due to wrong statement submitted and instead of appealing i applied as a fresh application

Do i have any breakdown inbetween my 10 years log residency

I would really appriciate you guys help as my whole 10 years in this country is on stake

Thanks again
Umar

During my long residency i once had this situation, please help me to figure out if this will be counted as a breakdown period or not

I had a Tier 4 visa
From 04/03/2008 to 30/06/2009

i applied before my visa expired as a tier 4 in 2009
AND
home office sent me a letter saying that the card number i provided didnt go through and asked me to resubmit the application with the correct fee. The mistake i made there was i sent the bank statement which didn't have enough money init and home office refused my application and gave me 2 option either i appeal within 28 days or i leave within 28 days.
I then went to my solicitor and he advised me to resubmit the fresh application which i did within those 28 days and got tier 4 visa granted

From 01/10/2009 to 30/10/2012 (took 3 months

NO

I had a Tier 4 visa
From 04/03/2008 to 30/06/2009

i applied before my visa expired as a tier 4 in 2009
AND
home office sent me a letter saying that the card number i provided didnt go through and asked me to resubmit the application with the correct fee. The mistake i made there was i sent the bank statement which didn't have enough money init and home office refused my application and gave me 2 option either i appeal within 28 days or i leave within 28 days.
I then went to my solicitor and he advised me to resubmit the fresh application which i did within those 28 days and got tier 4 visa granted

From 01/10/2009 to 30/10/2012 (took 3 months

askmeplz82 wrote:NO

Do u mean i don't have any breakdown in my long residency even though i applied as a fresh application
Thanks for ur replies mate

hi guys my situation is as follows

i entered in this country on 10th september 2004.
upto 30 june2009 i was always granted visa without any problem

i applied for an extension on 28th june 2009

on 20th july i received letter and all my documents back from the HO saying that my application is invalid (BECAUSE THE FEE WASNT GONE THROUGH BY THE CARD DETAILS I PROVIDED) and if i wish to make an application, i must return fully completed application with the appropriate fee

i panicked and sent the new application form with correct fee BUT with wrong statement which didn't have enough money and

on 17th august 2009 i received a letter from HO saying that because i didn't meet the 10 points for the funds available, "i odnot satisfy the requirement of the immigration rules and it has been decided to refuse my application"

they also said that

""""in making this decision to refuse my application careful consideration has been given to the following

on 03/09/2004 granted leave to enter UK as a student until 31/10/2006
on 30/01/2007' granted leave to remain in UK as a student until 31/01/2008
on 04/03/2008 granted leave to remain in UK as a student until 30/06/2009
on 17/08/2009 my application as leave to remain in Uk as a student was refused""""

when i got this letter on 17th august 2009 they told me that my documents has to been sent to local enforcement office and i have unto 02/09/2009 to call them and tell them when i am leaving the country. they didn't give me any chance of appeal but they did say that
"""alternatively if i wish to make another application on any category then i must do so with right form and fees but didn't say until when i have time to do that.

i then went to the solicitor and submitted the new application with correct fee and correct bank statement on 20th august 2009, i then i got visa granted on 01 october 2009 until 2012.

MY QUESTION IS THAT DURING ALL THIS PERIOD WAS I EVER STAYING AS ILLEGAL, WAS ANY OF THIS PERIOD WILL BE COUNTED AS GAP TOWARDS THA APPLICATION ON MY LR.

PLEASE PLEASE PLEASE HELP AS I DONT KNOW WHAT TO DO .

You should be fine.

When you applied for the extension again in July 2009, did you have valid leave?

Bigboy86 wrote:hi guys my situation is as follows

i entered in this country on 10th september 2004.
upto 30 june2009 i was always granted visa without any problem

i applied for an extension on 28th june 2009

on 20th july i received letter and all my documents back from the HO saying that my application is invalid (BECAUSE THE FEE WASNT GONE THROUGH BY THE CARD DETAILS I PROVIDED) and if i wish to make an application, i must return fully completed application with the appropriate fee

i panicked and sent the new application form with correct fee BUT with wrong statement which didn't have enough money and

on 17th august 2009 i received a letter from HO saying that because i didn't meet the 10 points for the funds available, "i odnot satisfy the requirement of the immigration rules and it has been decided to refuse my application"

they also said that

""""in making this decision to refuse my application careful consideration has been given to the following

on 03/09/2004 granted leave to enter UK as a student until 31/10/2006
on 30/01/2007' granted leave to remain in UK as a student until 31/01/2008
on 04/03/2008 granted leave to remain in UK as a student until 30/06/2009
on 17/08/2009 my application as leave to remain in Uk as a student was refused""""

when i got this letter on 17th august 2009 they told me that my documents has to been sent to local enforcement office and i have unto 02/09/2009 to call them and tell them when i am leaving the country. they didn't give me any chance of appeal but they did say that
"""alternatively if i wish to make another application on any category then i must do so with right form and fees but didn't say until when i have time to do that.

i then went to the solicitor and submitted the new application with correct fee and correct bank statement on 20th august 2009, i then i got visa granted on 01 october 2009 until 2012.

MY QUESTION IS THAT DURING ALL THIS PERIOD WAS I EVER STAYING AS ILLEGAL, WAS ANY OF THIS PERIOD WILL BE COUNTED AS GAP TOWARDS THA APPLICATION ON MY LR.

PLEASE PLEASE PLEASE HELP AS I DONT KNOW WHAT TO DO .

HI

I answer your query at different post but still u r not satisfied and started a new post. Here is the answer of your question

There is a Gap and that gap also break your LR continuity.

Your visa expired on 30th june and u apply in time application on 28th june

Your application came back as invalid due to payment problem on 20th july.

Than u apply out of time application with correct fees but your visa was refused on 17th august due to maintenance fund.

They did not give u right of appeal because u don't have valid visa when u apply 2nd time.

Than u applied 3rd time on 20 august out of time and got visa on 1st october 2009.

So u have gap from 1st july 2009 to 30th september 2009.

So u have a massive gap of 92 days.

If your gap is for 28 days then HO will disregard your 28 days gap but if u have more than 28 days than there is a problem with your

continuity and long residency.

Search 10 years long residency application posts u will see 3 to 4 cases similar to your circumstances and there ILR application was

refused.

Amber_ wrote:When you applied for the extension again in July 2009, did you have valid leave?

hi amber when i applied in july my solicitor said that i have 2 option even though i wasn't given the appeal right but i can still appeal or i can put a fresh application before 02/09/2014, thats why i applied as a fresh application, but my actual visa expired on 30th june 2009

thanks a lot for your help

You may be able to rebut what Zee Ali (and the Home Office may) states if you can sow that your application shouldn't have been declared invalid for reason of failed payment alone. Otherwise, your continuous lawful residence has been broken and your application will fail.

Do not keep posting this question everywhere.

Amber_ wrote:You may be able to rebut what Zee Ali (and the Home Office may) states if you can sow that your application shouldn't have been declared invalid for reason of failed payment alone. Otherwise, your continuous lawful residence has been broken and your application will fail.

Do not keep posting this question everywhere.

Thanks Amber

Amber_ wrote:You may be able to rebut what Zee Ali (and the Home Office may) states if you can sow that your application shouldn't have been declared invalid for reason of failed payment alone. Otherwise, your continuous lawful residence has been broken and your application will fail.

Do not keep posting this question everywhere.

i am sorry to zee and amber
i guess i am just a bit panicked and sorry i keep posting every where

just last question, when they refused my application first time saying that they couldn't take the payment, i went to my bank and got a letter from them which states that in between those time when home office should take the payment, there was enough money in my account and that there was no attempt of taking payment from anyone.
will that help

please do not start duplicate topics with the same question

like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days

everything else was not a gap at all

sagareva wrote:please do not start duplicate topics with the same question

like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days

everything else was not a gap at all

Hi
Sagareva thanks very much for your reply and i am sorry again repostong it

My only worry is the answer from zee above which is completely different from yours i hope you understand as at this moment i dont know which answer to hounor

Bigboy86 wrote:

sagareva wrote:please do not start duplicate topics with the same question

like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days

everything else was not a gap at all

Hi
Sagareva thanks very much for your reply and i am sorry again repostong it

My only worry is the answer from zee above which is completely different from yours i hope you understand as at this moment i dont know which answer to hounor

Hi

Request a copy of your SAR. To clarify any doubts in your mind.

Senior Moderator Amber also said the same which i did.

I don't know on what basis @Sagareva saying u will be fine.

He should consider the fact when u apply 2nd time u didn't have valid leave. and your application was refused with no right of

appeal. (if your 2nd application was successful than u have no issue).

But u got visa when u applied 3rd time and u also mention that HO forward your passport to enforcement team.

So u became basically over stayer when u was refused 2nd time.

Regards

Zee ali wrote:

Bigboy86 wrote:

sagareva wrote:please do not start duplicate topics with the same question

like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days

everything else was not a gap at all

Hi
Sagareva thanks very much for your reply and i am sorry again repostong it

My only worry is the answer from zee above which is completely different from yours i hope you understand as at this moment i dont know which answer to hounor

Hi

Request a copy of your SAR. To clarify any doubts in your mind.

Senior Moderator Amber also said the same which i did.

I don't know on what basis @Sagareva saying u will be fine.

He should consider the fact when u apply 2nd time u didn't have valid leave. and your application was refused with no right of

appeal. (if your 2nd application was successful than u have no issue).

But u got visa when u applied 3rd time and u also mention that HO forward your passport to enforcement team.

So u became basically over stayer when u was refused 2nd time.

Regards

hi zeee
thanks for your reply again mate
i will be ordering the SAR from home office, just a quick guidance,
do you know what and where to look at when i receive it.

AND ALSO IF I HAVE A STRONG SOLICITOR AND IF I APPEAL DO U THINK IS THERE ANY CHANCE I WILL GET A POSITIVE ANSWE
BECAUASE I ALSO HAVE PRIVATE LIFE HERE
I HAVENT BEEN BACK HOME IN 7 YEARS, I HAVE A BRITISH NATIONAL GIRL FRIEND HERE WHO I CAN SAY AS WE ARE ENGAGED AS SHE IS GOING THROUGH DIVORCE AND WILL NOT BE FINAL UNTIL A YEAR, MY DAD LIVES WITH HIS NEW WIFE IN RUSSIA, I DONT SEE MY DAD THAT OFTEN, AND MY MOM PASSED AWAY IN 2001, ALL MY FAMILY IS HERE, MY BROTHER AND MY AUNTIE WHO HAS BEEN LOOKING AFTER ME FOR THE LAST 6 YEARS.
DO U THINK ANY OF THESE GROUNDS WILL HELP MY CASE
really appreciate all ur help

Hi

Sar will take 8 to 9 weeks to come

https://www.gov.uk/government/uploads/s ... 23/sar.pdf

Here is the form. dont forget to attach 10 pound cheque

In acknowledgement letter which u will receive in 3 weeks after applying they will say that they will take 40 days to send u your data
under data protection act.

Yes u can raise Article 8 point during your application flr fp and even on set lr appeal if refuse

regards

Zee ali wrote:Hi

Sar will take 8 to 9 weeks to come

https://www.gov.uk/government/uploads/s ... 23/sar.pdf

Here is the form. dont forget to attach 10 pound cheque

In acknowledgement letter which u will receive in 3 weeks after applying they will say that they will take 40 days to send u your data
under data protection act.

Yes u can raise Article 8 point during your application flr fp and even on set lr appeal if refuse

regards

THANKYOU VERY MUCH ZEE
YOU HAVE BEEN A GREAT HELP
GOD BLESS YOU

WHAT IS UR PERSONAL OPINION
DO I HAVE A CHANCE

hm

i stand corrected to what i previously wrote

it does look like, from this description in more detail, that there might have been a gap, if indeed there was first invalid application, and then a refused out of time application. i did not fully understand the details.

BUT

if things were as such, then how come his subsequent application in September was granted? this makes no sense. it should not have been granted.

perhaps some details here are missing. SAR is a very good idea.

but generally if they granted the third application at the time, it may have served to legitimize the whole thing, whatever happened with the invalid payment application. plus, since 2009 there has been A LOT of court cases revolving around people with the same problem (invalid payments) and generally i think the current position is that chance should be given to correct that.

I'd be very comfortable arguing that under the summary of all these circumstances our friend's legality was restored, on the premise that the instance with invalid payment form was not a refusal at all and continued a 3c leave (as think think is accepted now, more or less, even if it wasnt in 2009)

sagareva wrote:hm

i stand corrected to what i previously wrote

it does look like, from this description in more detail, that there might have been a gap, if indeed there was first invalid application, and then a refused out of time application. i did not fully understand the details.

BUT

if things were as such, then how come his subsequent application in September was granted? this makes no sense. it should not have been granted.

perhaps some details here are missing. SAR is a very good idea.

but generally if they granted the third application at the time, it may have served to legitimize the whole thing, whatever happened with the invalid payment application. plus, since 2009 there has been A LOT of court cases revolving around people with the same problem (invalid payments) and generally i think the current position is that chance should be given to correct that.

I'd be very comfortable arguing that under the summary of all these circumstances our friend's legality was restored, on the premise that the instance with invalid payment form was not a refusal at all and continued a 3c leave (as think think is accepted now, more or less, even if it wasnt in 2009)

thanks all of you guys for the support

i can tell you that i am not gonna give up any time soon and try until even a 0.1% chance left

is there any one who has been in a similar situation or have given help or advice to a similar situation,
and anyone thinks IF I HAVE ANY CHANCE IN GETTING MY ILR
I HAVE SPENT THE BEST 10 YEARS OF MY LIFE MY WHOLE ADULTHOOD.
and just because of a small mistake, they can take it all away

sagareva wrote:hm

i stand corrected to what i previously wrote

it does look like, from this description in more detail, that there might have been a gap, if indeed there was first invalid application, and then a refused out of time application. i did not fully understand the details.

BUT

if things were as such, then how come his subsequent application in September was granted? this makes no sense. it should not have been granted.

perhaps some details here are missing. SAR is a very good idea.

but generally if they granted the third application at the time, it may have served to legitimize the whole thing, whatever happened with the invalid payment application. plus, since 2009 there has been A LOT of court cases revolving around people with the same problem (invalid payments) and generally i think the current position is that chance should be given to correct that.

I'd be very comfortable arguing that under the summary of all these circumstances our friend's legality was restored, on the premise that the instance with invalid payment form was not a refusal at all and continued a 3c leave (as think think is accepted now, more or less, even if it wasnt in 2009)

Hi

yes he legalized his stay after 3rd application but he has a gap and break in Continuity.

That's why HO introduce this 28 days overstay rule from 9 july 2012. if u overstay more than 28 days it's an automatic refusal.

Prior to 9 july 2012 there was no such rule i know some people who applied after 2 months of initial refusal and still got the visa.

i have my ielts test tomorrow so bit busy i will provide u some link where people got ILR refused beacuse of same gap .

This post is not about OP is legal or not. It's about he has a gap and break in his continuity or not.

i have a question for u

If some over stayer get 30 months visa because of private life. or he married to British national.

Will this new visa legalized his all previous overstay period??????

Will HO count that overstay period as legal after the issuance of new visa?????

good afternoon every one
just received an SAR report and i found a paper called SEARCH SUMMARY REPORT
it has got all the dates when my application was raised. it states in there that

date app raised Category OUTCOME
29 jun 2009 tier 4 reject
23 jul 2009 tier 4 refuse L.T.R - NO R.O.A
03 SEP 2009 TIER 4 GRANT LTR

firstly i would like to ask if this is the correct document i am looking at to find out about the gap as there is nothing mentioned about over stayed or gap in the whole report just refused and reject and then grant.

secondly what is the difference between refuse and reject and what impact can that make in my LR application.

i would really appreciate all of you guys help especially the guru's admins

Hello Members,

I have applied on 1st Dec 2014.

I am very stressed and confused now. I thought my case will be straight forward but after reading some of the comments from other members I am very depressed.

My Immigration History is as follows:

Entered in the UK 21st Dec 2004

Was student Till August 2010

PSW : September 2010 - Sept 2012

Applied for Tier 1 Entrepreneur in September 2012 got refusal in March 2013. Appeal with in a week time.

Had a Court hearing in September 2013. Judge allowed the appeal refunded the court fee and request the H.O to make a new decision.

Got my Visa in December 2013.

(((((Now my question is:
In December 2009 I did applied for student visa extension, In Feb 2010 the college got de- listed and H.O sent my application back in March 2010 not because of the college was de-listed. The cheque I submitted with the application wasn't signed so they asked me to use another payment method and send the application. I applied again with in 28 days with a different college and got the visa in June 2010.)))))))

Did this situation break my continuous period of 10 years? ???????????

Does anyone have or had a similar situation of the application returned as invalid in past but still got the ILR.

Your response will be much appreciated.

Thanks in advance.