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AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rajkumaruk
Newly Registered
Posts: 10
Joined: Wed Jun 14, 2017 5:03 pm

AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Post by rajkumaruk » Mon Sep 25, 2017 11:42 am

Hi There,
*I came to UK as a student in Sep 2008.
*Granted PSW in August 2010
*Granted Tier -2 in July 2013( valid until June 23-2016)
*Applied for Tier -1 enterpreneur in June 2016( applied on 18 June 2016 before leave expires)
*Tier 1 refused -Dec 2016
* AR applied within 14days
*AR refused on 10 Jan 2017
*Made a fresh application (Tier 2)within 28 days-16Jan 2017
* Granted leave in August 2017( until July 2019)

My question is:
A)
Am I an overstayer from 10 Jan 2017- August 2017?
B)
If so, will my ILR gets rejected, when I am applying for ILR in September 2018??
I have applied all the applications in time,but I am confused the time period between my AR refusal and my fresh application approval.
Please help me with your valuable opinions.
Thank you
Raj

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Post by secret.simon » Mon Sep 25, 2017 12:01 pm

rajkumaruk wrote:
Mon Sep 25, 2017 11:42 am
*Made a fresh application (Tier 2)within 28 days-16Jan 2017
So long as you made the Tier 2 application within 14 days of the AR rejection, you should be fine.
Immigration Rule 276DE wrote:276DE. The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months. This continuous leave will disregard any current period of overstaying where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave on the grounds of private life will also be disregarded where –
(a) the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied;
Immigration Rule 39E wrote: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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

rajkumaruk
Newly Registered
Posts: 10
Joined: Wed Jun 14, 2017 5:03 pm

Re: AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Post by rajkumaruk » Mon Sep 25, 2017 12:09 pm

Thank you ever so much secret.simon.I was so confused,and worried that,If I have become an overstayer after my AR refusal.
Many Thanks
Raj

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 8:12 pm

Re: AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Post by Abc499 » Mon Sep 25, 2017 3:02 pm

there will not be any issue in ILR as the application made within 14 days. But I think between 10th Jan-16th Jan 2017 you could be recorded as an over-stayer and this might affect on citizenship.

arnair
Newly Registered
Posts: 6
Joined: Fri Jul 10, 2015 7:55 am

Re: AR refusal, Fresh application for extension,and 10year route ILR-URGENT HELP PLS!!!!

Post by arnair » Wed Sep 05, 2018 8:43 am

How the gap (10th Jan-16th Jan 2017) will affect citizenship?

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