Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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seagul
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by seagul » Wed Dec 11, 2019 8:10 pm
Slamane wrote: ↑Wed Dec 11, 2019 7:59 pm
Thankx seagul for your input.
I got this. But I applied third time and the visa granted. My concern is why was I granted visa on third attempt ( second application and third application was exactly same, tier 2 for same sponsor, same job) . They granted me the visa based on my cover letter stating my circumstances were ought from the payment issue. That means they accepted my circumstances otherwise I was a overstayer for second rejection why not for third as well. If it was refused then I would have left the country in time.
The reason you were granted later because you repeatedly kept proceeding the same application but unfortunately without being covered by section 3C.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.
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zimba
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by zimba » Wed Dec 11, 2019 8:12 pm
Slamane wrote: ↑Wed Dec 11, 2019 7:59 pm
Thankx seagul for your input.
I got this. But I applied third time and the visa granted. My concern is why was I granted visa on third attempt ( second application and third application was exactly same, tier 2 for same sponsor, same job) . They granted me the visa based on my cover letter stating my circumstances were ought from the payment issue. That means they accepted my circumstances otherwise I was a overstayer for second rejection why not for third as well. If it was refused then I would have left the country in time.
Discretion to grant visa is not the same as discretion to grant ILR under long residence. Because they granted your visa does not mean that they automatically will discard the period of overstaying for your ILR. Many who have been granted visa by discretion were refused SET(LR) later on. The requirement to have lawful residence is the key for SET(LR). Go ahead with SET(LR) and see if they apply such discretion. Also it is good idea to apply for an SAR to see what are the notes on your immigration file
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Slamane
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by Slamane » Wed Dec 11, 2019 8:26 pm
seagul wrote: ↑Wed Dec 11, 2019 8:10 pm
Slamane wrote: ↑Wed Dec 11, 2019 7:59 pm
Thankx seagul for your input.
I got this. But I applied third time and the visa granted. My concern is why was I granted visa on third attempt ( second application and third application was exactly same, tier 2 for same sponsor, same job) . They granted me the visa based on my cover letter stating my circumstances were ought from the payment issue. That means they accepted my circumstances otherwise I was a overstayer for second rejection why not for third as well. If it was refused then I would have left the country in time.
The reason you were granted later because you repeatedly kept proceeding the same application but unfortunately without being covered by section 3C.
The second rejection letter states that I was overstayer and HO sent me an email that I should leave the country and send the text as well to collect the passport from heathrow. They can’t just give the visa because I keep applying. There is no such provisions I guess. I applied third without passport. One who was about to get forced removal would really get visa based on the fact that I kept applying. I don’t get this.
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Slamane
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by Slamane » Wed Dec 11, 2019 8:39 pm
Zimba wrote: ↑Wed Dec 11, 2019 8:12 pm
Slamane wrote: ↑Wed Dec 11, 2019 7:59 pm
Thankx seagul for your input.
I got this. But I applied third time and the visa granted. My concern is why was I granted visa on third attempt ( second application and third application was exactly same, tier 2 for same sponsor, same job) . They granted me the visa based on my cover letter stating my circumstances were ought from the payment issue. That means they accepted my circumstances otherwise I was a overstayer for second rejection why not for third as well. If it was refused then I would have left the country in time.
Discretion to grant visa is not the same as discretion to grant ILR under long residence. Because they granted your visa does not mean that they automatically will discard the period of overstaying for your ILR. Many who have been granted visa by discretion were refused SET(LR) later on. The requirement to have lawful residence is the key for SET(LR). Go ahead with SET(LR) and see if they apply such discretion. Also it is good idea to apply for an SAR to see what are the notes on your immigration file
I have already applied for SAR today
