Thank you brother for providing me the information.
Good Luck to you as well.
Dec17 wrote:hello dear,where you got refused and you had been given an appeal right,you did appeal timely and you won appeal and in a result you have been granted a visa,if you applied for your visa before the expiry of your previous visa means an in time application then i could guarantee your continuity is not broken because you were covered under 3c.as for as your student extension concerned,again if you applied an in time application and when it was returned back as invalid and was asked to resubmit it within 28 days and you did,then again as for as the immigration rules part 7,276(b)(V) you have not broken your continuity.there r lots of approvals who had the same invalid issue and they had been granted with approval and afcourse there are few as well who had the issue and they were refused so it clearly indicates the HO capability of deciding applications,hope for the best what happens,happens anyway.
Jazak Allah for the Prompt response SHAHFURQAN very kind of you.
Feeling Bit relieved now. But still there is a grey area there. I was reading somewhere probably on guidance notes that if your application returned as invalid you become over stayer if your current leave to remain has already been expired . But if your application gets refused and you get a right of appeal you are covered by section 3d, 3c. This doesn't break your continuity which you also mentioned.
The over staying periods counts from your previous visa expiry date till your new leave to remain visa date. There is no 28 days in time application periods for invalid applications.
Kindly correct me if I am wrong. Please provide me any link if possible which have information regarding this particular issue.
I would also request other members to share their knowledge and experience regarding this issue.
Congratulations to MADDY and all the other member who have recently received their approvals.
Thank you very much in Advance.[/quote]
Dear,if you spot on the consolidate immigration rules part 7 (276)(1v)(V), there is mentioned the terminology "as well" which is really tricky to understand and its mentioned clear that the time spent in between applications made within 28 days.this means that it does not break the continuity but let me get clear that its really pathetic that some of applicants still get refused while lots got approvals.as for as i understand,if you on the first place make an in time application,then even if it gets rejected as invalid,and you re apply within 28 days,according to the immigration rules the continuity is not broken.[/quote]
Hi, I consult the senior solicitor who deals with most of the settlement case , he confirms me that If you made in time application and it's reject as invalid and home office ask you put the application with in the 28 dys time and if you did that that's fine continues stay won't break but any reson again that application reject as invalid again doesn't matter with in how many days you put the application it's counted as out time application so it's clear once it's reject is fine .if you have a look at the recent refusal most of the cases reject twise even my previous SET (LR) refused for the same reson .i am just charing the information I got from solicitor and I am convinced his information. Let's see how come the out come this time arround .[/quote]
