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Hi. I have been living in the UK for 10 years. I entered legally to study at university from 2005 to 2010, have applied for post study work (PSW) from 2011 to 2013, then i had a work permit from 2013 to 2016. I have applied for Indefinite leave to remain (ILR) under the 10 year rule but that has been refused because the Home Office says that I was here illegally from June 2010 to April 2011 which means that I was not here for 10 consecutive years. However while I was physically in the country, i had applied to renew my student visa (which was refused) just before I had applied for PSW (which i applied for in August). The application for PSW was refused in September 2010 but was reconsidered and was granted in April 2011. The Home Office says I applied for PSW out of time but i was waiting for their decisions on my applications and there was not more than a week between applications. I have now appealed against this decision and waiting for a court date from the Home office. Please help as I feel my solicitor isn't doing his job properly and I am quite scared.

DSMS86 wrote:, i had applied to renew my student visa (which was refused) just before I had applied for PSW (which i applied for in August). The application for PSW was refused in September 2010 but was reconsidered and was granted in April 2011.

Is this student visa application was in time (before expire)?
Is the PSW application was within 28 days of refusal ?

you may consider to give the dates (if no issue), which could help seniors to comment.
1. visa expiry date when you applying student visa renewal
2. student visa renewal application date.
3. refusal later date
4. PSW application date.
5. PSW refusal date, etc... until PSW granted other event dates.

Is this student visa application was in time (before expire)?
Is the PSW application was within 28 days of refusal ?

This was the second time I apply for the student visa.
No it was not more than a week I counted the days as listed in the refusal letter they had sent

DSMS86 wrote:This was the second time I apply for the student visa.

sorry did not got it. I mean the student visa application was in time application ? did you apply it before the current one expire??

Abc499 wrote:

DSMS86 wrote:This was the second time I apply for the student visa.

sorry did not got it. I mean the student visa application was in time application ? did you apply it before the current one expire??

My original one expired in October 2009 and was refused in January 2010. I appealed immediately and that was exhausted in May 2010. So I put in a fresh application straight away which was refused in August 2010. A week later I applied for PSW which was refused in October 2010 but was granted after reconsideration in April 2011. They said I applied out of time for the PSW which they say means that the period from June 2010 to April 2011 I was in the country illegally

Unfortunately HO decision of ILR refusal was correct as per current rules and your continuous residency broken on that point which they mention.

Abc499 wrote:Unfortunately HO decision of ILR refusal was correct as per current rules and your continuous residency broken on that point which they mention.

I spent those 10 months waiting for them to get back to me on applications. Is there anything I can argue in court that can help me win the appeal?

If possible, provide us with the specific dates of
a) your original student visa expiring
b) each application, rejection and appeal

We can then advice you on the status of your leave in that period.

secret.simon wrote:If possible, provide us with the specific dates of
a) your original student visa expiring
b) each application, rejection and appeal

We can then advice you on the status of your leave in that period.

Hi Please see below all required details:

Immigration History

On 29 May 2005 you were granted entry clearance as a student until 31 October 2009

On 1 5 September 2005 you landed in the UK

On 23 October 2009 you applied in time for further leave to remain as a tier 4 student, which was initially refused on 06 January 2010 with a right of appeal, an appeal was then lodged on 25 January

2010, it was disnlissed on 08 April 2010, with appeal rights exhausted on 18 May 2010

On 29 January 2010 you applied for further leave to remain as a Tier 4 student, this was voided as inappropriate 1 7 March 2010 due to the ongoing appeal

On 13 May 2010 you applied for further leave to remain as a tier 4 student, this was refused on i 6

June 2010

On 12 July 2010 you applied for leave as a tier 4 student, this was refused on I I August 2010

On 19 August 2010 you applied out of time for Tier 1 post study leave to remain, this was initially refused 12 October 2010, but was granted post reconsideration on 05 April 2011 until 05 APiil 2013

On 27 March 2013 you applied fox Tier 2 leave to remain, this was initially refused 03 June 201.3, an appeal was lodged I I June 2013, it was then granted post appeal on 12 December 2013 until 01 April

2016

On 01 February 2016 you applied for indefinite leave to remain on the grounds of 10 years continuous lawful residence

Consideration under Paragraph 276B

For the period 16 June 2010 until 05 April 2011 you were present in the United Kingdom without leave to remain, as such you do not satisfy the requirements of paragraph 276B@(a) as you do not have a period of at least 10 years continuous lawful residence in the UK

During the period 16 June 2010 until 05 April 2011 you were in the UK in breach of immigration law

This is mote than 28 days, and as a result you do not satisfy the requirements of paragraph 276B(v)

For the reasons outlined above, your application fOt indefinite leave to remaln on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraphs and 276B(v) of HC'395 (as amended)

Your application has been considered on the basis of your family and private life in the United

Kingdom under Appendix FM and paragraphs 276ADE(1) — CE of the Immigration Rules, and outside the Rules on the basis of exceptional circumstances

In accordance, where relevant, with paragraph A277C of the Immigration Rules, we have considered your application against paragraphs R-L TRP I I (a), (b) and (d), R-LTRPT 1.1 (a), (b) and (d) of Appendix FM and paragraph 276ADE(1) of the Immig-tation Rules

secret.simon wrote:If possible, provide us with the specific dates of
a) your original student visa expiring
b) each application, rejection and appeal

We can then advice you on the status of your leave in that period.

Hi I posted the information required. could you please have a look at it? Many thanks.

from where i see, it is pretty much crystal clear that u did not have leave for the 10 months mentioned.
once your first visa was rejected, even if you applied within time for a second visa application, it was out of time (i.e. , u did not had a valid leave at the time of applying) and once that was rejected, there is no way you are covered under 3c. I would say u were lucky that your in country application for tier 2 was eventually granted.
What you need to do is, wait for tier 2, 5 years and then apply under 5 years of tier 2. Any other tries, and u are just wasting time and effort and possibly money.

@DSMS86

have you submitted your appeal.

if yes when your hearing date.

DSMS86 wrote:On 23 October 2009 you applied in time for further leave to remain as a tier 4 student, which was initially refused on 06 January 2010 with a right of appeal, an appeal was then lodged on 25 January 2010, it was disnlissed on 08 April 2010, with appeal rights exhausted on 18 May 2010.

...

On 13 May 2010 you applied for further leave to remain as a tier 4 student, this was refused on 16 June 2010

The caseworker is correct in that you had leave up till 16th June 2010.

DSMS86 wrote:On 12 July 2010 you applied for leave as a tier 4 student, this was refused on I I August 2010

On 19 August 2010 you applied out of time for Tier 1 post study leave to remain, this was initially refused 12 October 2010, but was granted post reconsideration on 05 April 2011 until 05 APiil 2013

These applications were made out of time. The Immigration Rules do allow for an overstay of under 28 days to be ignored, but that does not mean that you had leave while applications made out-of-time were being considered. A fuller explanation is here.

Had the application you had made on 12 July been successful, your continuity of residence would not have been broken as the overstay would have been less than 28 days.

But as it failed, the overstay that had started on 16th June only ended when you were granted leave on 5th April 2011. So, the caseworker is correct in this regards.

@DSMS86

please could you update us about your appeal.

thanks

lalo wrote:@DSMS86

please could you update us about your appeal.

thanks

Hi. Sorry about the late reply.
The hearing will be on the 14/03/2017. I am very scared and worried

What concerned me is the gap between the 6th JUne 2012 and the 10 July 2010. That caused a lot of problem, otherwise one would have argued that the decision on the PSW was wrong which was why it was overturned, and hence you should not be penalised for it.

Hi DSMS86

Any update from the court in your case as one of my friend got same issue and got refused.

Hi i was just gong through your case. How was your hearing how how long it lasted.

Hi everyone.
Apologies for the late reply again I don't seem to get the notification that anyone has posted here. Anyway, my hearing was supposed to be on the 14/03 but because my case was on a reserve list there was no time for it to be heard that day. Got a second date for 04/05. Turned up and had a hearing. My barrister wanted to argue that my stay should be considered under article 8 (I believe that's family/private life) and also that I have nowhere else to go as my country is not very stable. The judge has adjourned the hearing for another month for further evidence to be presented.
Please understand that I was trying to legalise my stay and was acting on the advice on a legal representative during that gap. Also I was never notified by the Home Office or by my legal representative that my stay has become 'illegal'. I believed that was why they granted me PSW and later tier 2. I can't go back to tier 2 because I have left my job last year due to downsizing and have not been able to find another one that can sponsor me. Nobody wants to go down that road with the Home Office.
I love living in England and I'm very scared they'll kick me out