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Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?dareto10 wrote:Hi all,
On the payment page (page 4 ) of the SET(LR) form I filled every section concerning my payment except
A16. Circle amount to be paid- £1093 - standard
Will Home Offce return my application or will still take the money out of my Credir card?
My application should be received by Tuesday at the Home Office.
Thank you.
Hi Fielddrive,fielddrive wrote:Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?dareto10 wrote:Hi all,
On the payment page (page 4 ) of the SET(LR) form I filled every section concerning my payment except
A16. Circle amount to be paid- £1093 - standard
Will Home Offce return my application or will still take the money out of my Credir card?
My application should be received by Tuesday at the Home Office.
Thank you.
Dear ShahjeeAKU wrote:Hi AKU,
What is important is your initial letter of refusal, does it said any where that you can make a fresh application with in 28 days or not ?? If it does than you are alright, as your husband applied a fresh application in 19 days.
Kind regards
Shahjee
[/quote]
Check the dates again ? hope your post is free from any type error :-dareto10 wrote:Hi Fielddrive,fielddrive wrote:Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?dareto10 wrote:Hi all,
On the payment page (page 4 ) of the SET(LR) form I filled every section concerning my payment except
A16. Circle amount to be paid- £1093 - standard
Will Home Offce return my application or will still take the money out of my Credir card?
My application should be received by Tuesday at the Home Office.
Thank you.
I applied last Thursday.
Thank you.
Check the dates again ? hope your post is free from any type error :-
Hi S.AkaramAKU wrote:Hello AKU ,
i have found the example of the similar case as yours in their website regarding overstaying and after going through your case and the case example in their case i don't think so you overstayed i don't know why on your SAR report its saying overstay start from july 2006
for your satisfaction and other members on this forum have a look on this example mentioned on page number 9 of ilr overstayer documents :-
In-time application refused, appeal right not exercised
The migrant had leave until 1 March 2012 and submitted an application for further leave on
26 February 2012. The application was refused on 31 July 2012, but the migrant did not
exercise their right of appeal.
In this case the migrant’s leave was extended during the period:
their application was awaiting determination, and
they could have brought an appeal against the refusal decision.
Therefore the migrant began overstaying on 17 August 2012, based on:
case refused on 31 July 2012
adding two days for deemed postal service gives 2 August 2012
adding 10 working days while an in-time appeal could be brought gives 16 August
2012
first day of overstaying is 17 August 2012.
https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf
Or i think you have to find the rules before 9th july 2012 regarding overstaying because the link which i have provided is clearly saying on or after 9th july 2012 ....or probably i might wrong , shahjee can shed a light on it ...
I think you should be okay but let see what will be the out come of your application ....Did you consult any solicitor before you submitted your case i understand that by that time you had no SAR report but still did you took any advice on it ...
Keep updating us ,
Regards ,
S.Akaram
Hi S.AkaramAKU wrote:Hello AKU ,
i have found the example of the similar case as yours in their website regarding overstaying and after going through your case and the case example in their case i don't think so you overstayed i don't know why on your SAR report its saying overstay start from july 2006
for your satisfaction and other members on this forum have a look on this example mentioned on page number 9 of ilr overstayer documents :-
In-time application refused, appeal right not exercised
The migrant had leave until 1 March 2012 and submitted an application for further leave on
26 February 2012. The application was refused on 31 July 2012, but the migrant did not
exercise their right of appeal.
In this case the migrant’s leave was extended during the period:
their application was awaiting determination, and
they could have brought an appeal against the refusal decision.
Therefore the migrant began overstaying on 17 August 2012, based on:
case refused on 31 July 2012
adding two days for deemed postal service gives 2 August 2012
adding 10 working days while an in-time appeal could be brought gives 16 August
2012
first day of overstaying is 17 August 2012.
https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf
Or i think you have to find the rules before 9th july 2012 regarding overstaying because the link which i have provided is clearly saying on or after 9th july 2012 ....or probably i might wrong , shahjee can shed a light on it ...
I think you should be okay but let see what will be the out come of your application ....Did you consult any solicitor before you submitted your case i understand that by that time you had no SAR report but still did you took any advice on it ...
Keep updating us ,
Regards ,
S.Akaram
Bigboy86 wrote:hi AKU
i have read your post very carefully and i almost have the same problem.
i think what happened in your situation is that when you got the refuel first time, if you would have appealed, then you would have been covered by 3c or 3d until the decision is made because 3c ad 3d would have extended your stay until all the appeal rights were exhausted, but if you have applied as a fresh application they do not consider it as an appeal or 3c 3d because you have not excersided your rights of it by using 3c or 3d. and because of that it states in the guidance of the long residence file, that if you do not appeal, and at the time of your new application, if you do not have a valid visa,(which you didn't have because it was expired) then the overstay will be counted from the date from which the visa is expired until the date a new one is issued.
but in your situation, you did have a right of appeal, which could also mean that maybe they would have considered your application as in time application.
when i received my SAR report, in one of the case worker notes, it stated that my application was out of time, may be you should try to look for the relevant years case worker notes and somewhere in there it should mention wether your application was considered in time or out of time.
the other thing is that before 2012 april rules, if you would have received a refusal, you automatically have 28 day to apply no matter if you have a current leave or not, and that period would not be counted as an overstayer, but because you haven't applied before 2012 for you LR application, those rules are not valid any more.
please refer this in guidance for 10 year long residency guidance and if you type ctrl + F, a search bar on top right corner of the page will come up, if you right there "out of time application" and press the right arrow it will then take you to the correct page on which all of this is explained properly.
i hope this helps.
my prayers are with you.
PLEASE DONOT FORGET TO UPDATE THE OUTCOME OF YOU APPLICATION FOR OUR HELPS ASWELL.
TAKE CARE
AKU wrote:
Shahkakaram wrote:Bigboy86 wrote:hi AKU
Hello bigboy86 ,
Very well explained thanks for sharing this important rule before 9th july 2012
the other thing is that before 2012 april rules, if you would have received a refusal, you automatically have 28 day to apply no matter if you have a current leave or not, and that period would not be counted as an overstayer, but because you haven't applied before 2012 for you LR application, those rules are not valid any more.
I was also looking for this rule ......thanks for sharing once again ....
BIGBOY86 , have you submitted your case ?
You both will be fine
Wish you all good luck
Regards ,
S.Akaram
Shahkakaram wrote:hello bigboy86 ,
an extract From your last post
the other thing is that before 2012 april rules, if you would have received a refusal, you automatically have 28 day to apply no matter if you have a current leave or not, and that period would not be counted as an overstayer, but because you haven't applied before 2012 for you LR application, those rules are not valid any more.
May i ask you ? what does this mean
but because you haven't applied before 2012 for you LR application, those rules are not valid any more.???
which rules are not valid any more ?? u mean 28 days no matter current visa expired or not ?
Regards ,
S.Akaram
God Bless Tumbin.tumbin wrote:Hello everyone,
Tomorrow will be exactly 20 weeks since we applied. Congratulations to May applicatns who have received their approvals. Only few april applicants remaining i hope this week bring the good news for many of us including viganoriah who had his interview as well.
Do remember us in prays.
Hi AKU,AKU wrote:Dear S. Akaram & Bigboy 86
Thank you for the info. It was a typo, correct date is 1/6/06
He applied on the deadline for the appeal so I pray that that is considered on time. The rules for overstaying calculated the end of validity from the end of the appeal time, that is if you decide not to appeal, & in the LR rules it that say to count all leave under 3c 3d when considering such applications. The SAR stated that the Initial application of 2006 was valid and on time.
For the 2007 application, it states that: "is the case 6 months out of time & illegal? Yes"
It was then passed on to another department.
He was also sent a letter in February 2007 that stated that his application was valid.
There seem to be a not prior to that that stated that that he had not appealed and therefore action should be taken. Then reference was made that they had received a new student's application from him.
We will keep trusting God to grant us this for the journey has been long. I will update you with the outcome.
God bless you all
Section 3C won't be lost which triggers only applies to valid in timely application and continue to exist until the refusal date and the duration spent on appeal but if no appeal being made then it will end at end of appeal deadline. And if the fresh application has been made within 28 days then it will be disregarded for the grant of ilr. For this purpose the page 5-10 need to read if possible get to the attention of caseworker:shahjee1234 wrote:Hi AKU,AKU wrote:Dear S. Akaram & Bigboy 86
Thank you for the info. It was a typo, correct date is 1/6/06
He applied on the deadline for the appeal so I pray that that is considered on time. The rules for overstaying calculated the end of validity from the end of the appeal time, that is if you decide not to appeal, & in the LR rules it that say to count all leave under 3c 3d when considering such applications. The SAR stated that the Initial application of 2006 was valid and on time.
For the 2007 application, it states that: "is the case 6 months out of time & illegal? Yes"
It was then passed on to another department.
He was also sent a letter in February 2007 that stated that his application was valid.
There seem to be a not prior to that that stated that that he had not appealed and therefore action should be taken. Then reference was made that they had received a new student's application from him.
We will keep trusting God to grant us this for the journey has been long. I will update you with the outcome.
God bless you all
As I asked you about the letter of refusal saying any thing about allowing you to make a a fresh application, and you said no. And in light of what Bigboy 86 have contributed, I am afraid that Home Office is right, the initial application was made in time, but after the refusal as you didn't appealed hence the right of 3c, 3d is lost, and that is why they are counting the time of overstay or late application from the time of refusal.
Let see what happens, keep your hopes high as S.Akaram and Bigboy were discussing it is a very gray area, and subject of further interpretation, and I hope that Home Office will give benefit of doubt on this. My prayers and best wishes be with you and your family.
Kind regards
Shahjee
good luck tumbin i hope you and viganooriah get your approvals soonviganooriah wrote:God Bless Tumbin.tumbin wrote:Hello everyone,
Tomorrow will be exactly 20 weeks since we applied. Congratulations to May applicatns who have received their approvals. Only few april applicants remaining i hope this week bring the good news for many of us including viganoriah who had his interview as well.
Do remember us in prays.
Yes Fielddrive, that's me.fielddrive wrote:good luck tumbin i hope you and viganooriah get your approvals soonviganooriah wrote:God Bless Tumbin.tumbin wrote:Hello everyone,
Tomorrow will be exactly 20 weeks since we applied. Congratulations to May applicatns who have received their approvals. Only few april applicants remaining i hope this week bring the good news for many of us including viganoriah who had his interview as well.
Do remember us in prays.
@viganooriah, whats your timeline? are you VigOor0111 on the tracker?
not bad isn't it ....
would be highly appreciateable it will helps lot of our members , Again this is just request every buddy is free to what ever they want to share on this forum ...[.all thoughts , sharing information /rules /related laws / changes in rules related to SET(LR) are welcome ]Hello veryconfused.comveryconfused.com wrote:Hi All,
I applied on the 04th Sept and the money was taken out on the 9th Sept, however I have yet to receive my acknowledgement letter. Is that normal? I am worried as few others who applied after me seem to have received theres.
Thanks
cheers ,