Post
by sam16hita » Sun May 15, 2022 8:16 pm
Immigration history:
You entered the UK on the 05 September 2008 with EC as a student with permission to enter until 31 January 2010.
In-time T4 – General Student – LTR submitted 18 January 2010 where you were granted permission to remain 26 February 2010 until 28 February 2011.
In-time T1 HS – Post Study – LTR submitted 26 January 2011 where you were granted permission to remain on the 18 February 2011 until 18 February 2013.
In-time T1 HS – Entrepreneur – LTR submitted on the 18 February 2013 refused with ROA on the 14 March 2014.
In-time appeal submitted on the 03 April 2014 which was dismissed at a first tier hearing on the 10 December 2014.
In-time PTA submitted 23 December 2014 which was refused on the 05 February 2015. In-time PTA application submitted 23 February 2015 which was refused upper tier on the 21 May 2015 where you became ARE.
Out of time Family/Private Life 10yr – LTR(E) submitted 16 June 2015 where you were refused on the 26 November 2015 with out of country appeal.
Out of time T1 HS – Entrepreneur – LTR submitted on the 30 November 2015 rejected on the 05 February 2016.
You were set up on temporary admission on the 07 December 2015 which was in place until 23 June 2018 where it was changed to SoS immigration bail on the 23 June 2018.
Out of time T1 HS – Entrepreneur – LTR where you were refused on the 21 March 2016 with AR. AR received on the 04 April 2016 and validated on the 05 April 2016. On the 29 April 2016 AR was decision maintained and completed.
Served with RED 0001 on the 03 November 2017.
Out of time Family/Private Life 10yr – LTR(E) submitted on the 22 August 2018 where you were granted permission to remain on the 22 August 2018 until 22 February 2021.
SoS immigration bail ended the 23 August 2018 when you were granted leave.
In-time Family/Private Life 10yr – LTR(E) submitted 04 February 2021 which you withdrew on the 07 September 2021.
Application varied to 10 year long residency on the 28 July 2021
It is noted that you entered the UK on 05 September 2008 where you held valid leave until you became appeal right exhausted on the 21 May 2015 following your in time appeal of your refused T1 HS – Post Study – LTR submitted 18 February 2013.
You submitted you next application on the 16 June 2015, while this was within the 28 days following the refusal of you in-time application, 26 days till the your next applications was made disregarded for the purpose of P6B(v) as no leave was granted for this out of time appeal.
It is noted from your immigration history that you were set up on temporary admission on the 07 December 2015. As this was still in place when you granted leave to remain in the UK in your Family/Private Life 10yr – LTR(E) application was granted on the 22 August 2018. We will class this time as law full leave.
Therefore, between 21 May 2015 and 07 December 2015 you have been in the UK without lawful leave. Since the 07 December 2015 you have held lawful leave, a total of 6 years and 3 months.
It is noted from your application form that the decision to refuse your Family/Private Life 10yr – LTR(E) application on 26 November 2015 that no decision letter was received. The decision letter was despatched to your know address via recorded and there no record of this being returned to us.
Your continuous lawful residence is therefore considered broken and you do not meet the requirements of Paragraph 276B(i)(a).
Once you have paid the immigration health surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months’ limited leave to remain in the UK.
Is there any benefit if I challenge the above decision according to Afzal case?
If I challenge the decision, am I still able to travel to another country?
My application and IHS fees are not returned yet what should I do to get my money back?
If you vary application from FLR FP to SET LR and if the SET LR was refused, am I able to get my FLR FP application fees back or not?
If the case worked refused to give SETLR and agreed to extend the leave on the basis of FLR FP, so the application fees difference for SETLR and FLRFP, can be refunded or not?