Long residency Paragraph 39E

Hello everyone ,

I am going to apply ilr on the basis of 10 years long residency but just get confused because of recent cases about paragraph 39E.

History

Ec Jan 2011 to march 2013
Tier 4 Extension Oct 2012 till March 2014.
Tier 4 extension March 2014 till Dec 2014.

In December 2014 applied FLR O got refusal in March 2015 Appeal with in 28 days before hearing date i withdrew the appeal on 22nd July 2015 and applied tier 4 dependent next day 23rd July 2015 got visa after 1 week on 1st August 2015.

Still have tier 4 dependent visa till next year.

Will my Flr o application refusal and the withdrew of appeal an issue for 10 year long residency?


TIA

No issue

Hi again please see the pictures from my SAR. My visa was curtailed and i applied for extension 10 months after the curtailment as curtailment letter was sent to college's old address and i didn't know about curtailment even collge didn't know.

Case worker marked my next application as IN TIME that means i didn't have any gap in long residency due to curtailment?

I am also writing a cover letter to let home office know that they send a letter to the college old address which was in 2007 and letter was sent in 2012.

Please advice thanks

UKVI is required to confirm that curtailment notice was served. As this didn't happen you should be fine

Hi,

I have submitted my ilr application online and uploading my documents.

What should i upload in proof of application?
Life events?
Also on which option should i upload Consent form
Any help will be highly appreciated.

zeeshi1122 wrote: ↑

Sun Dec 13, 2020 9:06 pm

Hi,

I have submitted my ilr application online and uploading my documents.

What should i upload in proof of application?
Life events?
Also on which option should i upload Consent form
Any help will be highly appreciated.

indefinite-leave-to-remain/uploading-yo ... 96002.html

LR has very minimal documents required. Proof of application category usually specifically asks for your passport to be uploaded. All other categories are generic. Like LIUK and English Test can be uploaded in Education etc.

Also see:

indefinite-leave-to-remain/uploading-yo ... 96002.html

As long you upload in ANY category, you are okay.

Zimba wrote: ↑

Fri Dec 04, 2020 12:53 pm

UKVI is required to confirm that curtailment notice was served. As this didn't happen you should be fine

Be careful.

vinny wrote: ↑

Mon Dec 14, 2020 1:02 am

Zimba wrote: ↑

Fri Dec 04, 2020 12:53 pm

UKVI is required to confirm that curtailment notice was served. As this didn't happen you should be fine

Be careful.

oh dear

Very useful article to read but immigration authorities from the very outset follow the same procedure where they communicate or raid the last known address. Apart of immigration matters, that has been a norm from ages in house of courts even for none-immigration related matters such as landlord vs tenant, freeholder vs leaseholder, lessor vs lease, mortgager vs mortgages etc. Given the premonition of dispute always the sender is seen of sending the notification via 1st class/2nd class post (not for signed) where the date on the proof of posting plus extra 2-3 days is deemed sufficient for tribunal/court proceedings.

vinny wrote: ↑

Mon Dec 14, 2020 1:02 am

Zimba wrote: ↑

Fri Dec 04, 2020 12:53 pm

UKVI is required to confirm that curtailment notice was served. As this didn't happen you should be fine

Be careful.

Hi thank you for your reply,

Will the above judgement effect in my case given the curtailment letter was sent to college old address in Jan 2012 (5 years old) address. Letter returned back to Home office.

After 10 months of curtailment college enquired about my status from home office as i was attending classes as usual and came to know my visa has been curtailed and new application should be made.

New application notes : IN TIME application
Applicant overstayed more than 28 days: NO

According to curtailment guidence v18:

"Where a 60 day curtailment notice was sent before 12 July 2013, the onus is on the
Home Office to show that, on the balance of probabilities the notice was properly
served. Therefore you must make the following checks to satisfy yourself that the
notice was properly served and is effective.
A curtailment notice has not been properly served (and is not effective) if Home
Office records show that either:
• the notice of curtailment to 60 days was served:
o ‘to file’ or returned by post as undeliverable
o on the sponsor because this was the correspondence address provided by
the migrant, but the sponsor was not operating on the day the of the
attempted service of the notice
• there is evidence showing the notice was not received by the migrant"

Your advice should be highly appreciated.

vinny wrote: ↑

Mon Dec 14, 2020 1:02 am

Zimba wrote: ↑

Fri Dec 04, 2020 12:53 pm

UKVI is required to confirm that curtailment notice was served. As this didn't happen you should be fine

Be careful.

Any advice please?

Unfortunately, you have to wait and see but given the judgment above, your ILR may be refused

Zimba wrote: ↑

Wed Dec 16, 2020 1:51 pm

Unfortunately, you have to wait and see but given the judgment above, your ILR may be refused

Even though thats home office mistake they sent the letter on wrong address and letter returned back?

zeeshi1122 wrote: ↑

Wed Dec 16, 2020 6:20 pm

Zimba wrote: ↑

Wed Dec 16, 2020 1:51 pm

Unfortunately, you have to wait and see but given the judgment above, your ILR may be refused

Even though thats home office mistake they sent the letter on wrong address and letter returned back?

Please read the judgment of the court in the link vinny posted above. The courts have taken the view that applicants are expected to update their latest address with UKVI and so UKVI can assume that the last address they have from you on the file is the correct address to serve a notice. If you have updated them on your address changes, then I believe you have a case as UKVI cannot make such an excuse.

Zimba wrote: ↑

Thu Dec 17, 2020 1:45 pm

zeeshi1122 wrote: ↑

Wed Dec 16, 2020 6:20 pm

Zimba wrote: ↑

Wed Dec 16, 2020 1:51 pm

Unfortunately, you have to wait and see but given the judgment above, your ILR may be refused

Even though thats home office mistake they sent the letter on wrong address and letter returned back?

Please read the judgment of the court in the link vinny posted above. The courts have taken the view that applicants are expected to update their latest address with UKVI and so UKVI can assume that the last address they have from you on the file is the correct address to serve a notice. If you have updated them on your address changes, then I believe you have a case as UKVI cannot make such an excuse.

Appreciate your reply, please see the attached curtailment guidence do you still believe the above judgement will effect the curtailments before July 2013?

Any help zimba or Vinny?

Hi everyone,

Anyone noticed curtailment guidence has been replaced by "Cancellation of entry clearance and permissions"

My visa was curtailed in 2012 and i already applied for Ilr Set lr on 7th December, according to pervious curtailment guidence i shouldn't have any issues as the guidance clearly said curtailment should be served to applicant otherwise curtailment is not effective.

But in replacement guidance published on 22nd December 2020 doesn't say anything about previous curtailments?

As i submit my application on 7th December will my case be considered according to previous guidance?

Thanks

Follow as the old guide

Hello Zimba and everyone,

Sorry if this has been asked before but i am bit stressed due to my visa curtailment issue in the past.

My question is if in my SAR my further leave to remain Application as tier is "IN TIME" does this mean i am not overstayer? Or UKVI didn't pursue the curtailment?

Many thanks in advance

Sorry. I suspect the new judgment probably isn’t retrospective with respect to past curtailments?

If SAR confirms that an application was in-time, then they should treat it as such.

vinny wrote: ↑

Fri Feb 12, 2021 12:21 am

Sorry. I suspect the new judgment probably isn’t retrospective with respect to past curtailments?

If SAR confirms that an application was in-time, then they should treat it as such.

Hello Zimba,

Can you please explain the above?

Thank youuuu....

zeeshi1122 wrote: ↑

Thu Feb 11, 2021 9:56 pm

Hello Zimba and everyone,

Sorry if this has been asked before but i am bit stressed due to my visa curtailment issue in the past.

My question is if in my SAR my further leave to remain Application as tier is "IN TIME" does this mean i am not overstayer? Or UKVI didn't pursue the curtailment?

Many thanks in advance

In-time means you applied for a visa application when you held a valid visa. UKVI believed you did not get the letter (curtailment was not served) as your SAR says. As Vinny pointed out, the new judgement should not affect you. You have been advised on this and told to follow as per the old guide, given your curtailment happened before July 2013.

Thank you so much both of you.

@zeeshi1122 how long normally SAR take?