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I thought that may be the case. Though I hoped that my successful application would mean it disregarded the period from the date of application to the date I was granted the visa and not count it as overstay.
Alright I see, it sucks really when you think about it. Just another one of those really harsh rules that can mess up things for you big.
My apologies if I wasn't clear in my previous post.
My personal view is that the first immigration bail may not count because your first FLR decision was not overturned. You applied again, got a new bail and that one was granted. So only the time spent under the second bail may count hence the gap. I may be wrong but let's see what UKVI says it there is refusalNightshade wrote: ↑Wed Jul 21, 2021 2:17 pmMy apologies if I wasn't clear in my previous post, and please understand that I dont mean to pester helpful people here like yourself
But I was granted an immigration bail with the 12th may refusal letter as well on the same day. And then once again when my 2nd application was refused and pending Tribunal hearing.
I thought so too, but the wording on bail guidance and bail section in LR guidelines does not explicitly state whether a bail ends when one makes a new application. Just that the bail ends if theZimba wrote: ↑Wed Jul 21, 2021 2:22 pmMy personal view is that the first immigration bail may not count because your first FLR decision was not overturned. Only the time spent under the second bail may count hence the gap.Nightshade wrote: ↑Wed Jul 21, 2021 2:17 pmMy apologies if I wasn't clear in my previous post, and please understand that I dont mean to pester helpful people here like yourself
But I was granted an immigration bail with the 12th may refusal letter as well on the same day. And then once again when my 2nd application was refused and pending Tribunal hearing.
Hi, so back in 2021 I actually did not have a break the case worker simply did not consider the start of my immigration bail into account while calculating the days (they calculated from the date of variation of bail in Aug 2018 rather than issuance of bail in May 2018). I have confirmed this much from multiple lawyers by now and that if I was given appeal rights or made another application soon afterward I would have received ILR, but I did not have the money to make another application until after April 2023 changes. The changes in 2023 further confirm that my application in 2021 would have been successful but unfortunately not only did the case worker refuse it but also did not give me appeal rights despite it being a SET (LR) application which is considered a human rights application.