Post
by Mamona Khan » Thu Jun 11, 2020 11:24 pm
Hi there,
I have one question regarding my case.
Visa Stamp Date: 21-12-2009
My entry date: 20-02-2010
Previous Visa: Student Visa 2 Years 5 Months
PSW Visa: 2 Years
Tier 1 Visa: 3 Years
Tier1 Visa: 2 Years 7 Months
Tier1 Visa Extension Refused: 22-12-2019
Admin Review Submitted: 10-01-2020
Completion of 10 Years: 19-02-2020
Completion of 10 Years before 28 Days : 22-01-2020
Applied ILR Dare: 06-02-2020
This is my older History for staying in UK and I have no gaps and refusal until 22nd Dec, 2019.I have applied ILR basis on 10 Years before roughly sixteen days ago. HO refused my case on these basis.
“ To clarify this: although Paragraph 39E means that you are not considered an overstayer under the Immigration Rules and such meets the requirement outlined in Paragraph 276B(v), our own guidance means that your out-of-time application did not engage Section 3C of the Immigration Rules and you stopped being continuously resident with respect to Paragraph 276B(i)(a) on 05th February 2020. As this date is fewer than 10 years after your arrival, your application must be refused”
When refusing an application on the grounds it was made by an applicant who has overstayed by more than 28 days, you must consider any evidence of exceptional circumstances which prevented the applicant from applying within the first 28 days of overstaying.
The threshold for what constitutes ‘exceptional circumstances’ is high but could include delays resulting from unexpected or unforeseeable causes. For example:
• Serious illness which meant the applicant, or their rability to provide necessary documents – this would only apply in exceptional or unavoidable circumstances beyond the applicant’s control, for example:
o it is the fault of the Home Office because it lost or delayed returning travel documents
o there is a delay because the applicant cannot replace their documents quickly because of theft, fire or flood – the applicant must send evidence of the date of loss and the date replacement documents were sought presentative was not able to submit the application in time – this must be supported by appropriate medical documentation
• Travel or postal delays which meant the applicant, or their representative was not able to submit the application in time
In considering your application it was considered whether the exercise of discretion was appropriate, as you could not demonstrate 10 years continuous lawful residence.
You have failed to provide any exceptional reasons in support of your out of time applications. With this in mind, it is considered that it is not appropriate to exercise discretion in your case.
We are not satisfied that you meet the requirements of paragraph 276B (i)(a) of the Immigration Rules.
However, in all cases where the requirement to have accrued 10 years lawful residence in the UK has not been satisfied, it is also considered whether discretion should be exercised."
HO refused my case got email few days back on these ground? And, gave to me appeal right. Can anyone help in this regard? I am really worry for it please.
