Dear members please help me
I have a question about my lawful long residence and 28 days overstay period, in light of the immigration rules follows where do I stand. I copied the line from home office website herehttps://www.gov.uk/government/uploads/system/up ... ce-v14.pdf
Breaks in lawful residence
This page tells you about circumstances that break lawful residence for long residence applications and when you can use discretion for short breaks in lawful residence.
Time spent outside the UK Gaps in lawful residence
You may grant the application if an applicant:
• has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016
• has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules
• meets all the other requirements for lawful residence
The period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted
• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971
***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]
I have two breaks in my lawful residence which I have mention below.
10 years legal Stay History
04-02-2007 came to United Kingdom on tier4 visa
08-01-07 to 30-06-08 (tier4)
1st Visa Extension
29-07-08 to 30-09-09 (tier4)
2nd Visa Extension
01-12-09 to 25-08-10 (tier4)
3rd Visa Extension
06-09-10 to 31-12-11 ( Master of Business Administration)
Please note there was 8 months waiting time to receive PSW visa.
26-09-12 to 26-09-14 (Tier1 Post Study Work visa)
10-12-14 to 30-08-16 (tier 4)
6th visa extension College Revoked.
Curtailment letter received 08th July 2015 visa curtailed to 11th Sep 2015
Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.
( 5 Days Gap in between invalid application and further leave to remain application made)
Flr (o) applied on 23rd Oct 2015 (well before in 28 days time period)
and varied to Flr (fp) on 16th Dec 2016.
Decision received on 7th June 2016 with the right of appeal to First Tier Tribunal with 14 days.
Appeal lodged on 17 June 2016 and permission denied as the refusal letter contradicts on front page and on other pages on 22nd Aug 2016.
(18 days gap between making the further leave to remain application made and permission to appeal denied)
Relevant rules I found
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
Although I am three days exceeding the 14 days period due to laziness of solicitor.
Fresh application made on 10th September 2016 for Flr (fp) acknowledgement received and application is pending with home office.
Indifinite leave to remain application submitted on 9th December 2016. no acknowledgement received and fees hasn't deducted yet.
I have two kids 3 and 1 and my dependent husband has separate flr fp application pending with home office. please advise on my lawful residency whether it is continuous inline with the above rules or it has break.