Apply for set lr during admin review

Fisamase89 wrote: ↑

Mon Sep 16, 2019 10:50 am

Hi, i need some help(its my first post), my visa was refused on 3rd of august, applied for admin review on 17th of august.

Now I got email from HO saying that they will give their decision after 25th of September, My 10 years are completing on 22nd of September. I just wanted to ask if its ok to apply for set lr on 23rd on 10 years basis before I get the decision of my admin review. Please let me know if its safe. Thanks

Fisamase89 wrote: ↑

Mon Sep 16, 2019 6:11 pm

Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?

aman90 wrote: ↑

Mon Sep 16, 2019 7:31 pm

Fisamase89 wrote: ↑

Mon Sep 16, 2019 6:11 pm

Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?

You can but you are an overstayer and hence wouldn’t have legally reached 10 years to qualify for LR.
What’s ur immigration history and do you have any family in UK?

xeesee wrote: ↑

Mon Sep 16, 2019 7:47 pm

aman90 wrote: ↑

Mon Sep 16, 2019 7:31 pm

Fisamase89 wrote: ↑

Mon Sep 16, 2019 6:11 pm

Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?

You can but you are an overstayer and hence wouldn’t have legally reached 10 years to qualify for LR.
What’s ur immigration history and do you have any family in UK?

Aman90 time spent on AR will also covered by section 3C than how OP is over stayer?

Please correct me as I'm not sure as well.

Thanks

Fisamase89 wrote: ↑

Mon Sep 16, 2019 8:57 pm

Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?

aman90 wrote: ↑

Mon Sep 16, 2019 9:55 pm

Fisamase89 wrote: ↑

Mon Sep 16, 2019 8:57 pm

Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?

CR001 has already answered. Read long residence guidance for home office staff.
The period spent on 3C after a refusal is not considered as lawful stay for LR. It’s contradictory but that’s how it stands for now.

Zimba wrote: ↑

Mon Sep 16, 2019 10:54 pm

aman90 wrote: ↑

Mon Sep 16, 2019 9:55 pm

Fisamase89 wrote: ↑

Mon Sep 16, 2019 8:57 pm

Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?

CR001 has already answered. Read long residence guidance for home office staff.
The period spent on 3C after a refusal is not considered as lawful stay for LR. It’s contradictory but that’s how it stands for now.

Who said time spent under Section 3C is not lawful stay ???!! If you complete your 10 years while on section 3C you can apply and get ILR

Fisamase89 wrote: ↑

Mon Sep 16, 2019 11:29 pm

Thanks for the reply, as I mentioned before the AR for my tier 1 extension is still pending(not rejected) they emailed me they will give the decision after 25th of september, I came to uk on 20th oct 2009, so my 10 years completing on 22nd (28 days before), I'm still confused if I should go for ilr on 23rd or wait for the decision which most probably they will refuse.

Zimba wrote: ↑

Tue Sep 17, 2019 12:44 am

As you have been advised before wait to hear back. If refused after 22nd, then apply directly for SET(LR) and you should get ILR as by that time you are eligible

Fisamase89 wrote: ↑

Tue Oct 01, 2019 10:14 pm

Hi everyone, got my ilr this afternoon, many many thanks to everyone for all the guidance, you guys made this process lot more easier. Thanks again

Just a little thing I want to mention that, I took the gamble and did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending. Got my documents back on 26 saying my admin review was automatically withdrawn on 23rd when I submitted the new set lr application. Did my biometrics on 30th September and today on 1st oct I got the confirmation that leave has been accepted.

Thanks again everyone for all the help.

Sha2019 wrote: ↑

Mon Dec 02, 2019 1:48 pm