ILR on Long Residency Basis

Hello Guys,

Your advises will be highly appreciated.

I came in United kingdom June 2010 on Tier-4 student visa which was valid until 29th November 2011. On 28th November 2011, I applied for Tier-4 Student visa extension which was refused on 27th January 2012 (Date of Letter) because of English Language test. I instructed one of the Solicitor firm to deal my Immigration matter with Secretary of State. They lodged appeal to Immigration and Asylum First Tier Tribunal against the decision of secretary of State on 13th February 2012. Later on I did receive a letter form Immigration and Asylum First Tier Tribunal in which they gave me a direction for Hearing. My Hearing date in First Tier Tribunal was 14th April 2012.

But in the meantime, I did complete my master degree (MBA) end of march 2012 and my solicitor applied for Post Study Work Permit (PSW) visa on 30th March 2012 before the hearing date of my appeal. But I still did go for the hearing on 13th April 2012 and the result of the hearing was against me and appeal was not allowed on 01st May 2012. But my solicitor told me that we already have applied for the Post Study Work Permit (PSW) so we do not need to go to the upper Tribunal.

I applied for Post Study Work Permit 30th March 2012 before my appeal was heard on 14th April 2012. Home Office did not consider my PSW application in time but still on 10th August 2012, My Post Study Work Permit Visa was granted which was valid until 10th August 2014

I requested for the Subject Access Report (SAR) and I got some of the information which would be helpful for your understanding.

Tier 4 Student Visa Expired Date: 29th November 2011
Tier 4 Student Visa Extension applied Date: 28th November 2011
Tier 4 Student Visa Refused Date: 27th January 2012
Appeal Against the decision Date: 13th February 2012
Hearing Date Date:14th April 2012
Judge Judgment Hearing Result Date: 1st May 2012
Appeal Right Exhausted Date: 14th May 2012
Appeal Concluded Date: 21st May 2012
Post Study Work Permit Applied Date: 30th March 2012 (But Home Office did not consider my application in time)
Post Study Visa (PSW) Granted Date: 10th August 2012


my query is that my 3C Leave still in place or does it make any impact when i will apply for ILR on long residency basis

Thanks

You had section 3C until you exhaust your appeal rights. A new application cannot go ahead unless section 3C comes to an end. Time spent overstaying between the end of your section 3C and new grant of PSW visa should be disregarded under the rules and you should be able to get ILR under SET(LR)

There was a gap of 2 month and 26 days between my appeal right exhausted and granted the PSW Visa. will this period be disregarded ? that's what your mean was Zimba ?

i was reading the 3C Leaves rules and i found that i can not process the new application while an appeal is pending. To process the new application i have to withdraw the appeal because i can not run the 2 files in the same time. That's mean Home office should not had considered my PSW file and send it back to me.

I applied for the PSW on 30th March 2012 and i got the acknowledgement letter from home office on 1st May 2012, the same date when my appeal was dismissed. Is that mean Home office kept my file on hold unless my appeal was decided ?

and will you please send me the reference under which rule the period between appeal right exhausted and Granted the PSW should be disregarded.

Thanks

What you have read is correct. I presume HO held your application and proceeded with it as if it was made on the day your appeal was concluded. See paragraph 39E of the rules for overstaying

On 30th March 2012, when i applied for the PSW Visa, in the application form, i clearly mentioned that my appeal is pending in First Tribunal and gave them a reference number as well,

I requested for the Subject Access Report (SAR) and I found the following information in Home Office record,

Outstanding application / appeal?: No
Current Immigration status: Tier 4 Migrant
Date of application: 30-Mar-2012
In time application?: No

Is that mean, Home Office didn't consider my application on time ? But they still granted me the PSW Visa,

I couldn't find the attachment button otherwise i could have share those documents for your better understanding and advise,

Thanks,

An application cannot go ahead if you have section 3C. If you had an appeal, section 3C was continuing. As I said, HO simply waited until your section 3C ended then proceeded with your PSW application. An application does NOT need to be in-time for it to be granted !

Thanks for your advise.
My appeal was dismissed on 1st May 2012 So HO considered my PSW application on the same date and issued me an acknowledgment letter on the same date 1st May 2012 so that's mean there is no gap in between. and when i was granted my PSW Visa on 10th August 2012 that's mean my 3C leave was extended back to the 1st May 2012 ?

rmustafa wrote: ↑

Tue May 05, 2020 4:21 pm

Thanks for your advise.
My appeal was dismissed on 1st May 2012 So HO considered my PSW application on the same date and issued me an acknowledgment letter on the same date 1st May 2012 so that's mean there is no gap in between. and when i was granted my PSW Visa on 10th August 2012 that's mean my 3C leave was extended back to the 1st May 2012 ?

There was no extension. You had section 3C until 1st May and then you were overstaying until PSW was granted

So i was over stayer between 1st May 2012 to 10th August 2012. So when i will apply for ILR on 10 Years Route, Section 39e will cover this period or i am not eligible to apply for ILR until August 2022 ?