10 years long residence applications

[fielddrive]

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.

God Bless Tumbin.

good luck tumbin i hope you and viganooriah get your approvals soon

@viganooriah, whats your timeline? are you VigOor0111 on the tracker?

[sheraz7]

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

Hi AKU,
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

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:
https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf

[shahjee1234]

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

Hi AKU,
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

[viganooriah]

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.

God Bless Tumbin.

[tumbin]

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.

[AKU]

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

[Bigboy86]

no Akram

what i did is, i went back to the archive of the home office guidance notes and read them to understand what is different. before 2012 "rules of 28 days or less will be disregarded" were not present it was only 10 days, but this 10 days was very simply for the people who didn't apply on time on the first place, for e.g if the visa expired on 31 march some one applied after the expiry,

but before 2012 rules, if you had a visa rejected or refused and you corresponded within 28 days of the letter received, then you are not considered as an overstayer, that is why when my visa got refused first i didn't have a chance of appeal, but my solicitor said that ic an still appeal or i can put a fresh application, and he said that fresh application will not harm my LR continuity, which he was right in that time because there were no such rules as long as you applied within 28 days of refusal, but now its different.

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

[Bigboy86]

thanks S Akram
i haven't submitted my case yet, all my documents are ready and are with my solicitor, what she is trying to do is to fill all the corners and try to over come all the expected reasons for refusal and trying to mention my private life to be considered with my LR app, which is taking abit longer. but hopefully everything will be sorted by next week and she will apply for it.

please remember us all with situations in your prayers
regards

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]

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

[Shahkakaram]

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 and bigboy86,

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

[Bigboy86]

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

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 Check the dates again ? hope your post is free from any type error :-
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.Akaram
I have just read that & I'm also not sure why the SAR states he had overstayed from 1st June 2006
I pray that whoever is considering the ILR will realize this. Will keep the faith and wait for the outcome.
Thank you all for your input on this forum, it is really helpful. God bless you all[/quote]

[Shahkakaram]

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 Check the dates again ? hope your post is free from any type error :-
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.Akaram
I have just read that & I'm also not sure why the SAR states he had overstayed from 1st June 2006
I pray that whoever is considering the ILR will realize this. Will keep the faith and wait for the outcome.
Thank you all for your input on this forum, it is really helpful. God bless you all[/quote]



Hello Aku ,
Just Wonder that now you are saying they said overstayed from 1st June 2006?
In your previous post you said 1st July 2006

I understand that you must be tense and stress after reading that SAR report ....would you mind to tell me the all time line of your SAR reports again ....start from your in time application ....

If your SAR report states 1st june 2006 then i am afraid they count your overstay since his visa expire 31st May 2006 because the out come of the application is " Refused " and instead of going for an appeal you applied fresh application and the out come of your fresh application is positive reply means " granted Visa " and its happened before 9th July 2012 they count the overstayed since that time .....which according to my understanding logically is not right either how ever i have no clue how its effects the long residence continuity ??? or what the laws/rules says about it
some times they do mistakes in SAR reports as well so hopefully you will be fine ....

wish you all the best
Don't worry Inshallah you will be fine ....
Regards ,
S.Akaram

[AKU]

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 Check the dates again ? hope your post is free from any type error :-
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[/quote]

Hi S.Akaram
I have just read that & I'm also not sure why the SAR states he had overstayed from 1st June 2006
I pray that whoever is considering the ILR will realize this. Will keep the faith and wait for the outcome.
Thank you all for your input on this forum, it is really helpful. God bless you all

[dareto10]

Hi all,

Is there anybody that has experienced this situation below?
I need advice please so that I will know if I have to email by Monday to give consent that I meant to circle the amount (£1093) on section A16 of the SET(LR).
Thank you.

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.

Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?

Hi Fielddrive,
I applied last Thursday.
Thank you.

[Shahkakaram]

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

Dear Shahjee
Thank you for the response. Refusal letters do not state that a fresh application can be made within 28 days.
My query is this?
Refusal was sent on 10th of Jan 2007 with right of appeal by 26th of Jan 2007.
He did not appeal but made a new application on the 26th of Jan 2007.
Is he therefore covered by section 3c until what date, 10th of Jan, or 26th of Jan?
Also as he couldn't have made an application whilst his original application, May 2006 was under consideration, will continuous lawful stay be broken.
Lord have mercy. [/quote]


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 Check the dates again ? hope your post is free from any type error :-
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

[fielddrive]

another week gone... no biometric letter yet

[AKU]

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]
Dear Shahjee
Thank you for the response. Refusal letters do not state that a fresh application can be made within 28 days.
My query is this?
Refusal was sent on 10th of Jan 2007 with right of appeal by 26th of Jan 2007.
He did not appeal but made a new application on the 26th of Jan 2007.
Is he therefore covered by section 3c until what date, 10th of Jan, or 26th of Jan?
Also as he couldn't have made an application whilst his original application, May 2006 was under consideration, will continuous lawful stay be broken.
Lord have mercy.

[dareto10]

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.

Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?

Hi Fielddrive,
I applied last Thursday.
Thank you.
Last Thursday.

[fielddrive]

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.

Shouldnt be an issue - I forgot to circle the amount on my Tier 1 and it went thru ok. when did you apply?

[dareto10]

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.

[TheJuryMustDie]

Hi guys,

I've been prowling this board for info relating to ten years long residency route for a while now. I can finally leave my timeline here as a I sent my application off a few days ago.

Application sent: 10/09/2014
Payment Taken:12/09/2014
Acknowledgement:
Bio Met. Req.:
Decision:

I hope the Home Office makes a swift, and more importantly, positive decision on my application.

All best wishes to you all.

All the best and welcome to the forum!

Many thanks Fielddrive! All the very to you too.

[shahjee1234]

Dear Guru's
I have been a silent reader but now we need help.
My husband applied in May 2014 and we are waiting for the decision. However we received the SAR (which was requested in January) today and there are a few worrying comments.
Time line of concern is as follows.
Arrived in UK April 2004 with a visa valid till 31 May 2006.
Application for extension was received by UKBA on the 30th May 2006.
Application was refused 10th January 2007, with a right of appeal.
He did not appeal, but made a new application on the 29th of January 2007. This was application was granted in July 2007.
Now according to the SAR, he was an over stayer from 1st July 2006 to the 29th of January when the new application was raised.
There is no mention of 3c, that is the time when the application was with them.
Can someone please advise. Sanjee your help will be appreciated.

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

[AKU]

Dear Guru's
I have been a silent reader but now we need help.
My husband applied in May 2014 and we are waiting for the decision. However we received the SAR (which was requested in January) today and there are a few worrying comments.
Time line of concern is as follows.
Arrived in UK April 2004 with a visa valid till 31 May 2006.
Application for extension was received by UKBA on the 30th May 2006.
Application was refused 10th January 2007, with a right of appeal.
He did not appeal, but made a new application on the 29th of January 2007. This was application was granted in July 2007.
Now according to the SAR, he was an over stayer from 1st July 2006 to the 29th of January when the new application was raised.
There is no mention of 3c, that is the time when the application was with them.
Can someone please advise. Sanjee your help will be appreciated.

In addition, I want to add that there is only 19 days between the refusal and the new application.

[AKU]

Dear Guru's
I have been a silent reader but now we need help.
My husband applied in May 2014 and we are waiting for the decision. However we received the SAR (which was requested in January) today and there are a few worrying comments.
Time line of concern is as follows.
Arrived in UK April 2004 with a visa valid till 31 May 2006.
Application for extension was received by UKBA on the 30th May 2006.
Application was refused 10th January 2007, with a right of appeal.
He did not appeal, but made a new application on the 29th of January 2007. This was application was granted in July 2007.
Now according to the SAR, he was an over stayer from 1st July 2006 to the 29th of January when the new application was raised.
There is no mention of 3c, that is the time when the application was with them.
Can someone please advise. Sanjee your help will be appreciated.

[fielddrive]

Dear all,

By the grace of Allah, I received my Brp yesterday. Can one of the kind member please update my record. Brp received 11/09/14

Many thanks

congrats..

still have 4 people in Apr 'pending' decision