SET (LR) Q to Amber/Vinny/Sheraz/Other experts

[ajek01]

Senior members/ Gurus

It is at last about my time to submit SET (LR) application.
I may have had a break in my continuity though (not sure really), I am therefore seeking help here to answer question D8 of the SET (LR) application.

The question in the SET (LR) application form is:

"D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
If Yes, reason(s) why and the dates of the overstay"

Now my story is:

*My student visa expiry was on 31/08/2008
*Applied for student extension 26/08/2008
*Acknowledgement letter 29/08/2008

*Application returned as invalid 16/09/2008
(The reason was an 'out of date' application form was submitted by me, but HO deducted the fee and attached a new application with a reference that “fee has already been deduced”, HO also provided 28 days to submit the valid new application, HO returned all my docs and In the SAR there was also a reference 'case completed')

*New application submitted 18/09/2013
*Acknowledgement letter 22/09/2013
*Further documents asked 10/10/2008 (within 14 days, this time HO kept all my docs but just asked those further docs)

*Further documents provided 22/10/2008
*Application approved 10/11/2008

Given the above scenario, how shall I answer the question D8 please?

I would really appreciate your kind help on this please.

Kind regards
AJ

[sheraz7]

I think you did not overstay as you returned the application within 28 days and the same long residence guideline confirms too. But enclosing a covering letter referring the 28 days rule as written in long residence guideline maybe further helpful.

[ajek01]

I think you did not overstay as you returned the application within 28 days and the same long residence guideline confirms too. But enclosing a covering letter referring the 28 days rule as written in long residence guideline maybe further helpful.

Hi Sheraz

Thank you very much for your quick response.

So I shall tick 'no' to question D8 and write a covering letter referring to Long residence guidance?

Would you be kind enough to refer me to the point/ page of the guidance you mentioned so that I can use it for my covering letter.

Just another thought on this:

The application on the 18/09/2008 was indeed an 'out of time' application (18 days after my previous grant expired).

If I did not overstay, how should this 18 days (01/09/2008 - 18/09/2008) be classified as?

Again, thanks a million for your kind help.

[sheraz7]

Read: page no. 20-21 & page no. 16 for examples

Covering letter is optional but it can facilitate in a way that the caseworker may not ignore 28 days rule.

[ajek01]

Thank you Sheraz

Also to mention, in my SAR, for the application of 18/09/2014, there is a minute which says this 'FLR(S) In time application - Valid'

Do you think it would be a good idea to attach this page of SAR and refer in the covering letter.

Kind regards
AJ

[Amber]

In addition it is arguable that the application was not invalid due to a fee issue alone.

[ajek01]

Hi Amber, thanks for your valuable suggestion.
Here is what the HO wrote in the rejection letter I received dated 16th Sep 2008.

"The application or claim must comply with the requirements set out in paragraph 34A of these rules or the Immigration ( Biometric Registration) (Pilot) Regulations 2008. The relevant requirements are listed below and a cross in the box indicates that a requirement was not met.

[×] The application or claim must be made using the correct specified form."

So, my understanding of the above letter is, it is a written notice of invalidity.

According to an example of HO doc named 'Application from overstayer', page 10 of 13 says the following:

"In-time application, rejected after leave expired:
The migrant had leave until 1 March 2012 and submitted an application for further leave on 26 February 2012. The application was rejected on 31 March 2012. In this case the migrant began overstaying on 3 April 2012, based on: case rejected on 31 March 2012 , adding two working days for deemed service of the note of invalidity gives 2 April 2012, first day of overstaying is 3 April 2012."
Url link:
https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf

Accoding to the above rule, it seems like my overstaying (if any) starts on 19 Sep 2008. But since I also have made the 2nd application on 19 Sep 2008 (2nd day after receiving deemed notice of invalidity), does this mean that I do not have any overstaying period?

Just to remind, my original question was, what to answer to the following Q?

"D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
If Yes, reason(s) why and the dates of the overstay"

I understand that in terms of my Ilr application, I am safe since I have made the 2nd application in 28 days provision.

But my only worry is, I am not fully sure about my status during 2nd application and the time between 19 Sept to 10 Nov (application approval date). The question D8 does focus on if I stayed beyond granted leave.

If I am covered under 3C between 1 sept and 16 Sept, then covered until the 18 Sept according to the above example.

what about the time between 19 Sept and 10 Nov?

Sorry, if I sound repeatative but I really do not want to tick 'no' to question D8, if I indeed have overstayed, as you know how sensitive the HO guys are!

I appreciate your time and valuable suggestions.

Kind regards
AJ

[tsl]

hi,

here is what i think about ur situation ( but ***u still need opinion from experts in this forum)

ur application was sent back as invalid and overstays count from 3rd day of the date on the letter

u were given 28 days to re submit ur application and u did that within the time frame
I'm assuming that if u had done that on 29th day that u wud have counted as an overstayer .. however u did submit ur application within that given time frame ,, i guess it will be disregarded . and u dont need to mention that

I am also in that same boat ,, i had my application returned due to photograph ,, i took 18 days to resubmit that ..

few ppl i know applied for ilr and had the same problem with photograph ,, bcoz back then wen biometric was first introduced
many ppl didnt know about new photograph requiremnt ,,

**** page 18 says
Example 1
An applicant has a single gap in their lawful residence due to submitting an application seventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.

Would you grant the application in this case?
Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less.


Example 2
An applicant has three gaps in their lawful residence due to submitting three separate applications out of time. These were 9, seventeen and twenty four days out of time.

Would you grant the application in this case?
Answer
Yes. Grant the application as the rules allow for a periods of overstaying of 28 days or less.

[Amber]

Insofar as the out-of-time application was made within 28 days of the notice of invalidity, there shouldn't be an issue.

[ajek01]

Thanks Amber, Sheraz and tsl