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Hello everyone,

I completed 10 years of stay in UK in June 2018. In my visa history, I had a valid visa all the time (Tier 4 or Tier 2 or Doctorate extension scheme except in the year 2013)

2013 visa history -

11th January 2013 - an in time application for extension of tier 4 visa
23 May 2013 - visa was refused with a right to appeal due to lack of maintenance funds
28th May 2013 - An appeal was done and the appeal hearing date was given later - 4th November 2013
18th July 2013 - Appeal was withdrawn and a fresh application is done on the same day for tier 4 student visa
9th September 2013 - The visa application done on 18th July was successful.

This was the only gap I had in my 10 years stay.
My question is am I eligible for the ILR based on 10 years of continuous stay? I have heard that if an application is made within 28 days of overstaying then the HO disregards the overstay even if the application decision is made after months.

I would be grateful if you all could guide me in this.

shmehta21 wrote: ↑

Wed Sep 12, 2018 4:44 pm

Hello everyone,

I completed 10 years of stay in UK in June 2018. In my visa history, I had a valid visa all the time (Tier 4 or Tier 2 or Doctorate extension scheme except in the year 2013)

2013 visa history -

11th January 2013 - an in time application for extension of tier 4 visa
23 May 2013 - visa was refused with a right to appeal due to lack of maintenance funds
28th May 2013 - An appeal was done and the appeal hearing date was given later - 4th November 2013
18th July 2013 - Appeal was withdrawn and a fresh application is done on the same day for tier 4 student visa
9th September 2013 - The visa application done on 18th July was successful.

This was the only gap I had in my 10 years stay.
My question is am I eligible for the ILR based on 10 years of continuous stay? I have heard that if an application is made within 28 days of overstaying then the HO disregards the overstay even if the application decision is made after months.

I would be grateful if you all could guide me in this.

Your case looks good to me since you filed everything within time limit and subsequent visa was granted.

You heard correct, but note that the 28 days only applies for overstaying period before Nov 2016, and in your case it is.

Check paragraphs 276b(v) and 39e.

276b(v)
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

Thank you eastwood for your help.

I need to book a premium service appointment soon or else my existing visa will expire. Do any other people have any other comments on my case? Any help would be of great value to me.

You are eligible for SET(LR). You can go ahead with the booking

Thank you Zimba for your advice. Do I need to provide any forwarding letter and clarifying the above situation along with my application form? In that letter can I provide the reference to 276B and other relevant UKVI rules and guidance? Will providing such letter make any difference?

No

Hello friends,

As I had mentioned earlier I completed 10 years of stay in UK in June 2018. In my visa history, I had a valid visa all the time (Tier 4 or Tier 2 or Doctorate extension scheme except in the year 2013)

2013 visa history - I checked my documents again today and now have some different information

11th January 2013 - an in time application for extension of tier 4 visa
23 April 2013 - visa was refused with a right to appeal due to lack of maintenance funds
In the letter, the IAFT form was provided in which Home Office had written the date of the decision of service as - 25th April 2013. (form said to do the appeal within 10 working days)
I received the letter by post on 4th May 2013 and did an appeal on 15th May 2013 with some documents as a proof.
15th May 2013 - An appeal was done and the appeal hearing date was given later - 4th November 2013
18th July 2013 - Appeal was withdrawn and a fresh application is done on the same day for tier 4 student visa
9th September 2013 - The visa application done on 18th July was successful.

Now I just had a question did I did an in time appeal or out time appeal. I was told by my solicitor that the 10 days are counted from the receipt of the post, so I did accordingly. Now I am totally confused. So stressed now about this. Please help me in this.