10 Years residency

[Rahul1981]

My tier 1 visa was refused and then it was dismissed from first and upper tribunal as well. I made a fresh application as a student with in 28 days, then it was granted but the total time scale was more than 28 days (from upper tier
refusal to get visa). Now my questin is wheather my long residency has been broken or not?

[geriatrix]

276B(v)

[Rahul1981]

Thanks for providing me the link but I could not find that aany direct rule.

[geriatrix]

I could not find that aany direct rule.

What do you mean? Couldn't find 276B(v) or what it states or something else?

[Rahul1981]

It is not mentioned directly whether the visa should be issued wuithin 28 days or not.

[geriatrix]

There is no such clause in the immigration rules where it says "the visa / leave must be issued in 28 days"! Never was too.
You won the appeal .... so you were always legal .. irrespective of when the leave was ultimately issued.

[Rahul1981]

Thank you for your answer. I did not win the appeal. I lost the appeal and made a fresh application within 28 days of the appeal dismiss date. That means it was out of time application, that's why I am confused about the time frame. I found that if someone overstays more than 28days then his 10 years continuity will be broken.

[geriatrix]

Sorry, I should have read more carefully.
Nevertheless, you should be fine thanks to 276B(v) if you submitted a new application within 28 days of your appeal's final refusal.

the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

[baba777]

Sorry, I should have read more carefully.
Nevertheless, you should be fine thanks to 276B(v) if you submitted a new application within 28 days of your appeal's final refusal.

the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

V helpful

[Rahul1981]

Thank you for your information. It is realy helpful.

[legalkhan]

I think Rahul refers to the following paragraph of immigration rule which is quite confusing

"If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made".

According to the above rule such an applicant like Rahul or myself looks like over stayers and had 10 years long residency already been broken during the time that was started from the date of refusal from upper tribunal to the the day they had issued the new visa which was more than 28 days.

[helpingperson]

Hi

Could any of please provide comment on Legal Khan response as he states it is confusing; I am not sure whether it is considered over stayer or not.

[Ditima98]

Indeed it would be great for any of the gurus (Vinny, Obie, Amber,sushdmehta, Greenie, etc) to comment on the point Legal Khan has raised above. I too, was at one time told by one of the Solicitors that my 10 years dream was over as I had at one time applied out of time (after appeal withdraw) . He quoted the same above as Legal Khan's and advised that I keep the little money I have saved, pack and go instead of wasting it in hope of getting to 10 years as I had a gap/break in 10 years continuity. Others said I still have hope.......but not really not sure because the statement above is very clear, could the gurus shed more light please.

[geriatrix]

I think Rahul refers to the following paragraph of immigration rule which is quite confusing

"If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made".

If "legalkhan" can quote the "immigration rule" that he alleges states what he has quoted, I am sure someone will be able to provide a feedback.
I cannot find any such "immigration rule".