10 years ilr - SAR report

hi,

What does it mean "VALID OUT OF TIME APPLICATION" being written in SAR file based on the situation where all student extension applications have been made in time during 10 years except in one time when student extension had been rejected after 5 months processing and instead of appeal new fresh application had been made just after 5th day of refusal decision and that had been approved within 30 days. Under this situation the 2nd fresh application in Sar report showing these words "valid out of time" but without showing how many days out of time.

Any input

UKBA HUNTER wrote:hi,

What does it mean "VALID OUT OF TIME APPLICATION" being written in SAR file based on the situation where all student extension applications have been made in time during 10 years except in one time when student extension had been rejected after 5 months processing and instead of appeal new fresh application had been made just after 5th day of refusal decision and that had been approved within 30 days. Under this situation the 2nd fresh application in Sar report showing these words "valid out of time" but without showing how many days out of time.

Hi
sorry to say this but your second application has been considered as being out of time application. if you had appealed within 10 days of refusal date then it would not have had any issues but you reapplied so it is considered as being out of time.
unfortunately UKBA counts the gap from the expiry date of your previous visa rather than the refusal date.

It means two things. The application was valid. ie it was correct, the money was correct, the form was correct the photos were correct etc. The second thing was that the application was also out of time. ie it was made after limited leave had lapsed.

@graceofgod
After the grant of 2nd application extension another psw visa granted later for which 20 points were given for legal stay. And SAR report is showing too that caseworker consulted its supervisor before giving these 20 points for the legal stay (the period when 2nd application lodged). any input from expert vinny/sushmedta-moderator.

UKBA HUNTER wrote:@graceofgod
After the grant of 2nd application extension another psw visa granted later for which 20 points were given for legal stay. And SAR report is showing too that caseworker consulted its supervisor before giving these 20 points for the legal stay (the period when 2nd application lodged). any input from expert vinny/sushmedta-moderator.

I understand what you mean but prior to October 2012 they were o.k with gaps longer than 28 days for any sort of extensions apart from ILR on 10 years basis and from October 2012 they will refuse any extensions if you apply more than 28 days after the expiry date of your previous visa. According to the IDI guidance for caseworkers they can apply discretion on one -off out of time application for no more than 10 calender days but they will apply discretion if there are other reasons for out of time application which are beyond applicant's control such as postal strikes, admin error from UKBA, hospitalisation due to sickness and so on.

This happened before october 2012 and on refusal very clearly they given 2 options on refusal letter either to appeal in 10 days or make new fresh application for its reconsideration. So i reapplied on the 5th day and got visa in 30 days followed by another psw visa with no problem later.

any more expert input

I believe you will be fine based on the facts you described.

Section 3C was triggered. So, you were not out of time for too long.

vinny wrote:Section 3C was triggered. So, you were not out of time for too long.

Hello Vinny. Thanks for your time to reply. Since new long residence guidance 2013 came which allow 28 days out of time application. Do you think in above circumstances new guidance will be more favorable.