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I think if you will travel your ILR appeal will be withdrawn.Amnausman21 wrote: ↑Thu Feb 28, 2019 1:47 pmHi
My husband's ILR LR got refused because of 72 days gap, well his tier 2 general visa is still valid till march 2021
We are going for apeal in time, but the thing is we wanted to travel in july to home country for something very important but we dont want to take risk as well
I am on tier 2 dependent visa, i just wanna make sure that can we travel while ilr apeal is being in process? while tier 2 is valid till 2021
If NO, it means dependent (ME) cannot travel as well?
Please if someone can shed a light on this matter
Thanks
Since your husbands ILR is refused and you are the dependent, its advisable not to travel while the appeal is on as your visa depends on his positive/negative appeal’s response.
Thank you for your response
I will let someone else comment on it as I am not sure.Amnausman21 wrote: ↑Thu Feb 28, 2019 7:38 pmThank you for your response
Yes its same on our brps, and i am actually concerned about my travel this is what i want to make sure whether i can alone travel or not while his appeal for ilr is in appeal with valid tier 2 till 2021
Zimba wrote: ↑Thu Jun 13, 2019 12:28 amHis extension application in 2011 does NOT seem to have been refused but rather was rejected as INVALID as they could not deduct the fees. This means section 3C was never engaged and his last lawful day was 7th march 2011 (visa expiry date) and therefore the fact that the rejection letter was eventually delivered in April will not change anything (it would have been different if section 3C was engaged). So between 7th march 2011 and 19th may 2011 he was an overstayer which breaks his continuous lawful stay. Unfortunately supreme court has already ruled that such refusal is lawful and I do not believe he has a case if I am correct.
HO should have considered that once he received the documents on 11th April, he applied for a visa within 28days. Post office error was not under his fault. Discretion should have been allowed if the case was referred to the senior case worker. Did you not consult this with your solicitor?Amnausman21 wrote: ↑Thu Jun 13, 2019 10:54 amHello
I am posting a bit critical case of my hsb, its a case od rejected Ilr Lr because of gap, whose case is in appeal atm, we applied for SAR report which came to us yesterday
Date of arrival in uk 24th january 2009 with valid leave till 7th march 2011
Applied for extension on 2nd march 2011, this application was rejected due to not having enough fees in the account but couldn't reach to him on time he kept contacting ukba (he got proofs) but his rejected documents went back to ukba through royalmail, he finally recevied them back on 11th april and he applied again on 18th april and leave was granted (this all is mentioned in SAR)
All other visas has been granted on time after that issue
I wanted to ask abouy grace period, as he received his documents late because of late delivery and after that he applied, will that comes in 28days? Or 3c broken?
I would really appreciate if someone puts lights on this matter
Thank you