Regarding 28 daya grace period

Amnausman21 · Post by **Amnausman21** » Thu Feb 28, 2019 1:47 pm

Hi
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

CULLINAN · Post by **CULLINAN** » Thu Feb 28, 2019 1:49 pm

Amnausman21 wrote: ↑
Thu Feb 28, 2019 1:47 pm
Hi
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

I think if you will travel your ILR appeal will be withdrawn.

CR001 · Post by **CR001** » Thu Feb 28, 2019 1:51 pm

If the Tier 2 sponsors licence has been suspended as posted previously, you would be wise to not travel or at least find out what the sponsor licence situation is first and if the tier 2 is still valid and has not been curtailed if sponsor licence has been revoked.

indefinite-leave-to-remain/ilr-on-10-ye ... l#p1738866

Amnausman21 · Post by **Amnausman21** » Thu Feb 28, 2019 2:29 pm

That is in process as well, we will not take risk if that will be suspended by that time as well
This question is in regarf that if they will get their license back by july then what would be tje case? Would we able to travel? While ilr being in process for my husband with tier 2 valid leave

CR001 · Post by **CR001** » Thu Feb 28, 2019 2:37 pm

ILR won't be 'in process' if it has already been refused. Surely you mean 'appeal'.

If you leave the UK, the appeal will be withdrawn.

What is the full UK immigration history that resulted in a 72 day gap??

Amnausman21 · Post by **Amnausman21** » Thu Feb 28, 2019 2:45 pm

He came here on 24th january 2009
Refusal stated that on 2nd march he applied for extension of tier 4 which was refused because there was no fee in the account (although it was there)
Then he applied for extension on 18th april which was granted on 19th May
So there was a break in 2011, according to my husband application was nevere rejected they just asked by email to check the account which (leave) was later grated on 19th may

Amnausman21 · Post by **Amnausman21** » Thu Feb 28, 2019 2:46 pm

Even i wouldnt be able to travel?

CULLINAN · Post by **CULLINAN** » Thu Feb 28, 2019 6:35 pm

Amnausman21 wrote: ↑
Thu Feb 28, 2019 2:46 pm
Even i wouldnt be able to travel?

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.

But since you both have valid visas till March 2021 which will stay intact regardless of the appeal decision so wait for seniors to respond if you alone can travel and that wont have any effect on your husband’s ILR appeal withdrawal.

CULLINAN · Post by **CULLINAN** » Thu Feb 28, 2019 6:41 pm

I just assumed that your visa expiry date is the same as your husband’s or is it different?

Amnausman21 · Post by **Amnausman21** » Thu Feb 28, 2019 7:38 pm

tier11417 wrote: ↑
Thu Feb 28, 2019 6:41 pm
I just assumed that your visa expiry date is the same as your husband’s or is it different?

Thank 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

CULLINAN · Post by **CULLINAN** » Thu Feb 28, 2019 8:24 pm

Amnausman21 wrote: ↑
Thu Feb 28, 2019 7:38 pm

tier11417 wrote: ↑
Thu Feb 28, 2019 6:41 pm
I just assumed that your visa expiry date is the same as your husband’s or is it different?
Thank 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

I will let someone else comment on it as I am not sure.

Amnausman21 · Post by **Amnausman21** » Fri Mar 01, 2019 8:08 pm

I posted this question in tier 4 thread i dont knkw why you locked it? The link you replied was my own topic with different question

Hello
My husband recently got refusal on ILR LR due to gap, we are going for appeal but wanted to make sure one thing.
I have searched alot but couldnt get my answer
His tier 4 visa was due to expire on 7th march 2011,he applied for tier 4 extension on 2nd march 2011 visa was refused on 27th march 2011 because they could deduct a fee from the bank account although there was enough money, he reapplied on 18th april 2011, visa was granted on 19th may 2011
Did he become overstayer after 7th march? Or 27th march? As far as i know there should be a grace period of 28days after refusal,

Please if anyone can answer this, it would be a great help
Thank you

Amnausman21 · Post by **Amnausman21** » Wed Jun 12, 2019 10:53 pm

Hello

My husb's Ilr Lr got rejected recently due to gap in 2011, we got SAR report today and here are the details

Its a bit critical case, my hsb entered Uk on 24th january 2009 on tier 4 which was valid till 7th march 2011 he applied his tier 4 extension on 2nd march which got rejected on 17th march because there wasnt enough fee in his account
However, rejection letter couldn't reach him on time and royal mail sent his file back to ukba (mentioned in SAR)
He received his letter on 11th of april 2011 and reapplied on 18th april 2011 and got his approval on 19th may 2011

He got all of the proofs, (mails,enquires,royalmail mails) that he didnt recevied the letter on time and its mentioned in SAR as well
Well now his case is already in appeal, i wanted to ask that he did apply with in 28days after receiving the refusal letter, does this consider under 3c? Or his leave was broken ?

Thank you

zimba · Post by **zimba** » Thu Jun 13, 2019 12:28 am

His 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 the supreme court has already ruled that such refusal is lawful and I do not believe he has a case if I am correct.

dan883 · Post by **dan883** » Thu Jun 13, 2019 8:20 am

This is very sad. I trust he must have some solutions. Please keep updating.

Amnausman21 · Post by **Amnausman21** » Thu Jun 13, 2019 10:54 am

Hello

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

CR001 · Post by **CR001** » Thu Jun 13, 2019 11:00 am

Zimba wrote: ↑
Thu Jun 13, 2019 12:28 am
His 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.

dan883 · Post by **dan883** » Wed Jun 19, 2019 9:44 am

Amnausman21 wrote: ↑
Thu Jun 13, 2019 10:54 am
Hello

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

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?

zimba · Post by **zimba** » Wed Jun 19, 2019 12:26 pm

He didn't apply within the 28 days. He applied almost 40 days out of time. An invalid application is NOT the same as a Refused application. Read what I wrote above

Immigrationboards.com: Immigration, work visa and work permit discussion board

Regarding 28 daya grace period

ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Re: ILR appeal case

Overstaying period after refusal

Refused Ilr due to gap

Re: Overstaying period after refusal

Re: Overstaying period after refusal

Regarding 28 daya grace period

Re: Overstaying period after refusal

Re: Regarding 28 daya grace period

Re: Regarding 28 daya grace period