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You left the country without a valid leave to remain (3C is not a valid leave to remain, it is a temporary leave to remain), unfortunately that was reason for your rejection. If you would have stayed then and made an in country application on time, then your 3C is valid.suzuka23 wrote:I applied because of this!!!!
Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.
john100v wrote:You left the country without a valid leave to remain (3C is not a valid leave to remain, it is a temporary leave to remain), unfortunately that was reason for your rejection. If you would have stayed then and made an in country application on time, then your 3C is valid.suzuka23 wrote:I applied because of this!!!!
Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.
Section 3C & 3D leave by virtue gets abandoned when the appellant travels out of the UK.suzuka23 wrote:No I didn't appeal because I got a job and they were willing to sponsor me so I went back to my country on the 07/04/09 and got my Tier 2 visa on the 12/05/09. So is this what they considered a break in lawful stay? despite having a right to appeal valid until the 24/04/09. I was hoping they would use discretionary case and study case by case but that is not the case
Section 3C & 3D Page 5 wrote:An appeal is abandoned if the appellant is granted leave to enter or remain in the UK or if he leaves the UK
die_hard wrote:Hi Damanisshallo,
I have been following this forum for long time but have recently joined.
I have a question for you as you are senior and most experienced member on this forum.
I will be eligible for 10 years ILR (LR) next year, Sept 2014 (5 years - student, 2 years - PSW and 3 years - Tier 2 General). At the moment, I am on tier 2 general.
My wife joined me as PSW dependent in July 2011. I changed to Tier 2 general in Sept 2011 and my wife also changed as my dependent. She will be completing two years as my Tier 2 general dependent in Sept 2013, hence would be eligible to apply for FLR (M) (based on new rules) [This is wrong, She'd still be considered under Old rules as she's entered as your partner prior to 9 July 2012] next year when I make my ILR application.
My questions is; as my wife is now working, if she goes on Tier 2 General on her own right after September 2013, will she still be eligible to apply for FLR(M) at the time when I apply for ILR next year ? She would have completed 2 years as my dependent in Sept 2013 and then apply for Tier 2 General on her own. So when at the time of me applying for ILR (LR) she wouldn't be my dependent but would have already finished 2 years as my dependent earlier.
Not a good idea to switch her to Tier 2 in her own right. This way she'll have to complete 5 yrs before she can apply for settlement. On the other hand if she stays as your dependent she'd get her ILR as soon as you get yours. Please refer to this post to see how she can qualify.
I would be very thankful to you if you can address my this query.
Best regards
saanju9 wrote:smileybee wrote:I am going to apply for ILR in December.
I entered UK on 2nd of Jan 2004. My visa was issued in September 2003, just wonder does the 10 years period start from September or from the date I first enter UK?
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
your answer is under "Can I apply using this form?" - copy and past the above link
Also in Section 4 of form Set (LR), am I right to assume the documents are required if I have one or more missing passport? or do i require them to support my application?
It clearly states (under the third check box) "If you cannot provide them all"... here "all" referring to your passports... yes if you can't produce your previous passports...
Thirdly, everytime I leave UK there is no stamp from UK or the country I enter. I dont have boarding pass for the past 10 years. What should I do?
there should be a stamp from the country your entering however if you missed that... some of the above said docs might be relevant and an SAR might be in help (although not sure how it can help if none has recorded your out going)... could you be more explicit about your movements... try your flight tickets...emails, travel agents, or anything else just to get the dates and we can see what evidence we can provide to the HO
Thanks
Not necessary but in your case you don't have stamps... (are you sure - out of curiosity which country is that who don't put stamp on entry )... so it might be a good idea..smileybee wrote:saanju9 wrote:smileybee wrote:I am going to apply for ILR in December.
I entered UK on 2nd of Jan 2004. My visa was issued in September 2003, just wonder does the 10 years period start from September or from the date I first enter UK?
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
your answer is under "Can I apply using this form?" - copy and past the above link
Also in Section 4 of form Set (LR), am I right to assume the documents are required if I have one or more missing passport? or do i require them to support my application?
It clearly states (under the third check box) "If you cannot provide them all"... here "all" referring to your passports... yes if you can't produce your previous passports...
Thirdly, everytime I leave UK there is no stamp from UK or the country I enter. I dont have boarding pass for the past 10 years. What should I do?
there should be a stamp from the country your entering however if you missed that... some of the above said docs might be relevant and an SAR might be in help (although not sure how it can help if none has recorded your out going)... could you be more explicit about your movements... try your flight tickets...emails, travel agents, or anything else just to get the dates and we can see what evidence we can provide to the HO
Thanks
Thanks Thanks. Just a bit concern as it did mention in the form to provide as much documents to support the application so was thinking should I still try to get as much documents as possible? as for the travel itinerary and flights and all, i only manage to get up to 8 years ago as previously was paper carbon copy ticket so its bearly impossible to have copy of it.
jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence
Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''
Thank you .
See Damanishallo's signature for templates.. you can find them thereMALIK_KHAN wrote:hi can someone plz give me link to Covering letter for SET(LR) i would really appreciate.thanks
master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.
Anyway wish the best of luck,
jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence
Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''
Thank you .
jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence
Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''
Its a tricky questionZEBRA wrote:Hi everyone,
I applied my 10 yrs ilr in Mid March, now it's been over 5months waiting.
I hold student visa till Oct 2014, I finished all the papers in ACCA over 2 yrs, but have passed in 3 papers, I finished all my credits.
Now my college needs me to pay for the next semester which is due in September
My question is.
- Am I required to enrol in new semester? as I have already completed all the subject (but not passed yet).
- If I don't go to college will that affect my current application?
I will have to pay £1500 just to enrol in 15 hrs course (3 papers) which I think is just useless as I won't be studying once ILR is approved.
Please suggest me if anyone got any good solution to it.
Regards
Yeah where are your UKBA friends mate ... they should know these things straight away...master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.
Anyway wish the best of luck,
jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence
Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''
Thank you .
saanju9 wrote:Yeah where are your UKBA friends mate ... they should know these things straight away...master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.
Anyway wish the best of luck,
jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence
Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''
Thank you .
Also can you ask your friends to speed up the process a little bit mate... tell them they are being too lazy
Joking ...Regards