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Hi All,

I got my SAR yesterday and shocked to know that I was an over stayer in 2012 during my appeal after refusal.
My history is as below
1- Student 09/09/2005 to 31/10/2007
Applied for Extension before expiry and got student extension

2- Student 05/02/2008 31/12/2008
Applied for PSW and got visa after 3+ months wait

3- Tier 1 (PSW) 25/03/2009 to 25/03/2011

4- Applied for Tier 1( General) UK Naric gave me certificate that my degree is equal to UK Masters but told UKBA in an email that its not, Visa refused 10/05/2011, appealed against decision. All my friends who applied before and after me got points even without UK Naric letter. HO realized mistake and asked my solicitor to withdraw appeal and sign consent order which states HO will give me visa for 2 years although they gave gave me visa valid from August 2013 to August 2016 plus cost of the case. They gave me visa after fighting cases for 2 and half years.

There are three different case record sheets.
1st record sheet:
Sub entered UK in Sep 2005 as a student
In November 2009 got 1 years student extension
in November 2010 submitted further PSW application, got visa valid until March 2011
Sub submitted Tier1General application in March 2011 which was refused with right of appeal in May 2011.
In may 2011 an appeal was lodged which was dismissed, Sub became ARE in May 2012?

File to CRC to invite for a curr circs i/v, serce as a overstayer and place on RRs to CRC

2nd record sheet:

It shows the correspondence between HO and UK Naric when they refused my visa and didn't give points for qualification:

Final record sheet shows:

Outcome date 20 Aug 2013
Expiry Date 20 aug 2016 (Visa issued after winning the case)
current status PSW. ( in august 2013 after winning the case) My PSW expired in 2011.
HO office awarded me points for the degree after JR.

Some other pages of report are showing that I became over stayer in 2012 when I was on appeal. They sent letters to my old address to attend home office which I never received.

I traveled to USA after getting my latest visa in 2014 for 1 month and they didn't even ask me any question on my arrival back in UK.


Can you guys give me your expert opinion that do I qualify for 10 years Set LR?

Basically I had visas until March 2011 then applied for Tier 1 General, HO refused on 10th May 2011 with full right of appeal.
Appealed against the decision and first tier tribunal dismissed appeal after hearing. Courts decision dated 25th of July 2011 gave me right to appeal to apply in first tier tribunal for permission to appeal to upper tribunal.
29-07- 2011 application to forst tier tribunal for appeal upper tier tribunal,
11-08-2011 first tier tribunal refused or not admitted application for permission to appeal to upper tribunal
18-08-2011 application for permission to appeal in upper tribunal for permission to appeal in upper tribunal
24-11-2011 permission to appeal granted
22-03-2012 Notice of hearing received hearing date 20/04/2012
30-04-2012 Received court's decision dated 30-04-2012 Upper tribunal dismissed appeal with right of appeal for permission to appeal in relevant appellate court ( the court of appeal)
31-05-2015 "The upper court acknowledge receipt of an application for permission to appeal on 29-05-2012"

21-06-2012 The application by the appellant is refused

Reasons for decision:
1- The application for permission to appeal is out of time. However, having regard to the explanation given in the application for extension of time, the upper tribunal extends time for appealing in accordance with rule 5(3) of the tribunal procedure ( upper tribunal) rules 2008
2- The grounds amount no more than an attempt to re-argue the case that has already been properly considered by upper tribunal.grounds are duplicated. Indeed, the final paragraph refers to the application being one for permission o appeal to the upper tribunal
3- the ground do not establish that there is any properly arguable point of law capable of affecting the outcome of appeal or that appeal raises an important point of principle or there is any compelling reason for the appeal to be heard by the court of appeal.
04-09-2012 on 4th of September 2012 court of appeal accepted second appeal
07-12-2012 received a letter of hearing on 13-03-2013
19-03-2012 received another letter from court that the hearing will be either on 15-05-2013 or 16-05-2013
13-05-2013 My solicitor signed a consent order to withdraw appeal without letting me know
The consent order:
upon respondent agreeing, subject the usual checks, to grant the appellant leave to remain for 2 years under tier 1 general of the points based system.
By the consent it is ordered that:
1-The appellant have leave to withdraw this appeal
2-The respondent pay appellant's reasonable cost of this appeal, to be assessed on the standard bases if not agreed.
I got 3 years visa from Aug 2013 to Aug 2016 but lawyer didn't give me the money.


Problems from Subject access report:

Home office sent me 4 letters to attend home office in Croydon between 07-07-2012 to 31-07-2012 which I never received because I moved to new address and asked my solicitor by emails to change the address in November 2011 and again in June 2012.
There are 2 letters in SAR (05-10-2012) saying
NOTICE TO A PERSON LIABLE TO REMOVAL
Specific reasons: your right of appeal exhausted in 18/05/2012 and you became an over stayer.

SAR does contain my 1st permission to appeal in courts appeal in june 2012 but doesn't contain second appeal letter when appeal was granted and they gave me visa. File also contains consent order and then a letter when they issued me visa on same qualification.

I need your expert opinion:

1- Do I qualify for 10 years based set LR?
2- What options I have to get my details updated in home office record?
3- Should I file a case against my solicitor for not updating my details in home office and also not giving me the cost?

I was planning to apply on 14th of August.

Your help will be appreciated.

Thanking you in advance.

I believe the evidence of your case are self explanatory and I believe the Home Office will see this.

I believe the cost award was in your favour and the solicitor must return it. It is yours ..

Obie wrote:I believe the evidence of your case are self explanatory and I believe the Home Office will see this.

I believe the cost award was in your favour and the solicitor must return it. It is yours ..

Thank you so much for your reply.

Hi Obie thanks for your reply.

Do you think I should go for same day service 25 days before completing 10 years on 14th of August? If they refuse me as an over stayer then will HO give me right of appeal?

and what should I do to get money from solicitor? Hire another solicitor or complain in solicitors body?

Lots of questions there.

You need to explain to solicitor that an order was made in your favour for cost and therefore you are seeking for a reimbursement of the amount you paid for hearing.

If they refuse, you can contact SRA.

You immigration history seems extremely protracted.

There were times when section 3C was broken and then resume , when an extension of time was granted.

So there is a lot which needs to be properly set out and the decision maker given an opportunity to consider these matters.

You may get a eight of appeal in the event of a refusal

Thanks again Obie. I really appreciate for your help.

In your opinion when and how long was there a break in 3c and when was it re-instated.
SAR says that my rights to appeal were exhausted in May 2012.

Courts of appeal received an application for an appeal on 31-05-2015 which was refused on 21st of June 2012 it was out of time because according to SAR my lawyer received a file from court which wasn't compatible to his computer and court extended time but refused for the reason above 3 reasons in my 2nd post .
and again second application for appeal was granted 04-09-2012.
Should I spend extra 4 months and apply for set LR after 10 years+4 months to be on safe side or they will still say that there was a break in continuity?

It is extremely difficult for me to express a coherent view on this mattet without a view of what transpired over this period and what was recorded on the various papers.


The matter was going forward, backwards and centre, so I cannot answer you with absolute certainty.

This is what I found from UKBA website about 3c, 3d if the original decision is reversed.

Reverse the original decision

If you reverse (withdraw) the decision because it was incorrect, you must grant leave as
appropriate to the application being reconsidered, unless it must now be refused on general
grounds.

The start date of the leave granted is the date on which you reverse the incorrect previous
decision and make a new decision. If the migrant made an in time application and their leave
subsequently expired, withdrawing the incorrect decision has the effect of reinstating section
3C leave, so there is no break in the continuity of the migrant’s leave.

LR2015 wrote:Basically I had visas until March 2011 then applied for Tier 1 General, HO refused on 10th May 2011 with full right of appeal.
Appealed against the decision and first tier tribunal dismissed appeal after hearing. Courts decision dated 25th of July 2011 gave me right to appeal to apply in first tier tribunal for permission to appeal to upper tribunal.
29-07- 2011 application to forst tier tribunal for appeal upper tier tribunal,
11-08-2011 first tier tribunal refused or not admitted application for permission to appeal to upper tribunal
18-08-2011 application for permission to appeal in upper tribunal for permission to appeal in upper tribunal
24-11-2011 permission to appeal granted
22-03-2012 Notice of hearing received hearing date 20/04/2012
30-04-2012 Received court's decision dated 30-04-2012 Upper tribunal dismissed appeal with right of appeal for permission to appeal in relevant appellate court ( the court of appeal)
31-05-2012 "The upper court acknowledge receipt of an application for permission to appeal on 29-05-2012"

21-06-2012 The application by the appellant is refused

Reasons for decision:
1- The application for permission to appeal is out of time. However, having regard to the explanation given in the application for extension of time, the upper tribunal extends time for appealing in accordance with rule 5(3) of the tribunal procedure ( upper tribunal) rules 2008
2- The grounds amount no more than an attempt to re-argue the case that has already been properly considered by upper tribunal.grounds are duplicated. Indeed, the final paragraph refers to the application being one for permission o appeal to the upper tribunal
3- the ground do not establish that there is any properly arguable point of law capable of affecting the outcome of appeal or that appeal raises an important point of principle or there is any compelling reason for the appeal to be heard by the court of appeal.
04-09-2012 on 4th of September 2012 court of appeal accepted second appeal
07-12-2012 received a letter of hearing on 13-03-2013
19-03-2012 received another letter from court that the hearing will be either on 15-05-2013 or 16-05-2013
13-05-2013 My solicitor signed a consent order to withdraw appeal without letting me know
The consent order:
upon respondent agreeing, subject the usual checks, to grant the appellant leave to remain for 2 years under tier 1 general of the points based system.
By the consent it is ordered that:
1-The appellant have leave to withdraw this appeal
2-The respondent pay appellant's reasonable cost of this appeal, to be assessed on the standard bases if not agreed.
I got 3 years visa from Aug 2013 to Aug 2016 but lawyer didn't give me the money.


Problems from Subject access report:

Home office sent me 4 letters to attend home office in Croydon between 07-07-2012 to 31-07-2012 which I never received because I moved to new address and asked my solicitor by emails to change the address in November 2011 and again in June 2012.
There are 2 letters in SAR (05-10-2012) saying
NOTICE TO A PERSON LIABLE TO REMOVAL
Specific reasons: your right of appeal exhausted in 18/05/2012 and you became an over stayer.

SAR does contain my 1st permission to appeal in courts appeal in june 2012 but doesn't contain second appeal letter when appeal was granted and they gave me visa. File also contains consent order and then a letter when they issued me visa on same qualification.

I need your expert opinion:

1- Do I qualify for 10 years based set LR?
2- What options I have to get my details updated in home office record?
3- Should I file a case against my solicitor for not updating my details in home office and also not giving me the cost?

I was planning to apply on 14th of August.

Your help will be appreciated.

Thanking you in advance.

I have made a correction highlighted about second appeal acceptance date in courts of appeal.

Still waiting for other experienced members to give their advice but it seems my thread is invisible.

@vinny @Casa

Can you also give your advice please?

My JR was decided on the basis of this
https://www.gov.uk/government/uploads/s ... 0/alvi.pdf Judgement



If the applicant made an in-time application, they are covered by 3C
leave until the date on which a lawful decision is made, so there will not be a gap in their
leave.
Does this mean if the original decision is reversed then over stay in appeals is also covered and mentioned in Reconsideration?

Reverse the original decision
If you reverse (withdraw) the decision because it was incorrect, you must grant leave as
appropriate to the application being reconsidered, unless it must now be refused on general
grounds.

The start date of the leave granted is the date on which you reverse the incorrect previous
decision and make a new decision. If the migrant made an in time application and their leave
subsequently expired, withdrawing the incorrect decision has the effect of reinstating section
3C leave, so there is no break in the continuity of the migrant’s leave

What approach must be taken where a refusal needs to be reconsidered but the route
has since closed, for example Tier 1 (General) and Tier 1 (Post-study work)?


For Tier 1 (General), see link on left: In time appeals, judicial reviews or pre-action protocols.
You must take the approach set out under the heading: What approach must be taken to
these cases?

If the original decision was made referencing requirements stated only in guidance the
decision must be remade under the current rules. If the rule in question cannot be applied
without referring to requirements outside the rules, the application must be refused as there
is no equivalent type of leave in the new rules.

Hi @Obie

Thanks for your help.
I went to same day service today and got my set LR approved. They didn't ask any questions.