Long residence(break in continuous leave)

Hi
I have a question on behalf of one of my friend. his 10 years is completing in october 2015. he wants to apply for ILR long residence.his case is bit complicated.
His tier 4 visa was curtailed on 07 august 2013. He wanted to take admission in uni but because of his IELTS results he got late CAS and he submitted his tier 4 application on 3 september 2013 (with in 28days). He got refused on general grounds but was given full points of CAS and Mantinence. No right of appeal were given. The application was refused on the bases of some wrong information HO got from GOD knows where.
He went for JR and HO said they will reconsider his case as they have accepted their mistake.
They reconsidered it and refused him again on the basis that the uni had withdrawn the CAS. that was on 6 july 2014. he then made fresh application on 15 july 2014 and got refused on 12 0ctober 2014 again as the college he got admission got suspended. he then submitted another fresh application as tier 4 on 18 october 2014 and got visa .
Will his continous leave is broken despite all the fresh applications made with in the 28 days of receiving refusal letters. the reason for fresh applications were because no right of appeal were given in any of the refused applications.

Probably broken.

@vinny can you please explain?

If his leave was curtailed on 07 August 2013, then he became an overstayer from that time.

However, if he made a successful in-country Tier 4 application on 18 October 2014, then they must have considered that 245XZ(m) was satisfied?

@vinny A general question rises, if a person lives here for 8 years and get refused with no rigth of appeal. what are the other options to continue the long residence ????the only option i guess is to make a fresh application with in 28days. isnt it?

28 days overstay is allowed once not like u can overstay for every single application.

for long residence of 10 yrs u r allowed to overstay a maximum of 28 days .

@riz1986
tanks for reply

Gap(s) in lawful residence
You may grant the application if an applicant:
 has short GAPS in lawful residence through making previous applications out of time by
no more than 28 calendar days

"Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were nine, 17 and 24 days out of time.
Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less."

Now the confusion is when you apply an application with in 28 days after the expiry of ur visa you application will not be dealt as out of time application . but when you get refusal again for anyother reason u wont get right of appeal as you have applied after your visa expired.

now if you reapply within 28days of that refusal they will still count your application and will grant you visa. then why would your continous leave breaks. as you have had no right of appeal and there was no other way but to reapply.

please someone explains it . thanks

Gap(s) in lawful residence
You may grant the application if an applicant:
 has short GAPS in lawful residence through making previous applications out of time by
no more than 28 calendar days

"Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were nine, 17 and 24 days out of time.
Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less."

Now the confusion is when you apply an application with in 28 days after the expiry of ur visa you application will not be dealt as out of time application . but when you get refusal again for anyother reason u wont get right of appeal as you have applied after your visa expired.

now if you reapply within 28days of that refusal they will still count your application and will grant you visa. then why would your continous leave breaks. as you have had no right of appeal and there was no other way but to reapply.

please someone explains it with the reference will be highly appreciated. if someone has same or similar case please input your experience too. thanks

riz1986 wrote:28 days overstay is allowed once not like u can overstay for every single application.

for long residence of 10 yrs u r allowed to overstay a maximum of 28 days .

Riz u r wrong on this statement. Yaser provide a correct statement from Long residency Guidance.

"Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were nine, 17 and 24 days out of time.
Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less."

yaser wrote:Gap(s) in lawful residence
You may grant the application if an applicant:
 has short GAPS in lawful residence through making previous applications out of time by
no more than 28 calendar days

"Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were nine, 17 and 24 days out of time.
Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less."

Now the confusion is when you apply an application with in 28 days after the expiry of ur visa you application will not be dealt as out of time application . but when you get refusal again for anyother reason u wont get right of appeal as you have applied after your visa expired.

now if you reapply within 28days of that refusal they will still count your application and will grant you visa. then why would your continous leave breaks. as you have had no right of appeal and there was no other way but to reapply.

please someone explains it with the reference will be highly appreciated. if someone has same or similar case please input your experience too. thanks

Yaser u r wrong here. If u submit your application after expiry of the visa even one day after its count OUT of TIME. and no appeal right given. As within 28 days of expiry visa so no break in continuity if visa granted

If u refuse on an OUT OF TIME application than u have a break in your continuity only remedy is u put JR and JR is successful.
if u put 2nd out of time application (after refusing on 1st out of time application) than u have break in continuity as 2nd OUT of time application is submitted after more than 28 days from expiry of the visa.

The statement u provide from Long residency guidance where a person put 3 applications OUT of TIME is not like one after another.

Suppose a person visa expired let say in 2007 than 2010 and 2012. In all 3 occasions he put out of time application 9, 17 and 24 days

so In guidance they say grant him visa as he never overstayed for more than 28 days in any occasion.

Hope it helps

Thanks Zee Ali
But the question is how did he get the visa when he applied 3rd time after the refusal with in 28 days. Why didnt they refused it on the basis of out of time application??

yaser wrote:Thanks Zee Ali
But the question is how did he get the visa when he applied 3rd time after the refusal with in 28 days. Why didnt they refused it on the basis of out of time application??

Before july 2012 rules allowed u to put new application after expiry of visa even more than 28 days.

After july 2012 every application except (flr fp if u use Exception 1) will be refused straight away if apply more than 28 days of expiry visa.

But in LOng residency ILR application if gap is more than 28 days than break in LR continuity.

Thanks Zee Ali

I m still confused. He applied within 28 days after his leave expired . He got refused. He then applied with in 28 days of the refusal letter. He got refusal again on statement issue. He then made fresh application again with in the 28 days of last refusal and got visa...How???? Why wudnt they consider it an out of time application and refused it on that bases???

All three applocations were made in 2013.

yaser wrote:Thanks Zee Ali

I m still confused. He applied within 28 days after his leave expired . He got refused. He then applied with in 28 days of the refusal letter. He got refusal again on statement issue. He then made fresh application again with in the 28 days of last refusal and got visa...How???? Why wudnt they consider it an out of time application and refused it on that bases???

All three applocations were made in 2013.

His circumstances is quite unique and he is lucky that he got the visa. But 10 years long residency point of u he broke his continuity

I got it. Thanks for the info. U guys are star.

@Zeeali,
I have red your posts,actually I want to ask you one thing, I have applied 10 years long residency ilr.my second last Psw visa was expired on 9 th March 2013 and I applied tier 1 entrepreneur visa on 13 March 2013 (3 days out of time application) my visa was refused and I applied JR and win the case and got visa. So in my case my visa continuity was break or not? That was only one occasion In my visa history. Please reply, Thank you,

Basra wrote:@Zeeali,
I have red your posts,actually I want to ask you one thing, I have applied 10 years long residency ilr.my second last Psw visa was expired on 9 th March 2013 and I applied tier 1 entrepreneur visa on 13 March 2013 (3 days out of time application) my visa was refused and I applied JR and win the case and got visa. So in my case my visa continuity was break or not? That was only one occasion In my visa history. Please reply, Thank you,

DId u apply by your own or through solicitor? What i read in this forum (different cases) if someone win the JR they can apply for Ilr 10 years basis and successfully obtained ILR. As they wrongly refused u in first place.

U should request your SAR.

@zeeali.
Thank you for your reply,I have applied my own,actually home office gave me visa before Jr hearing,,, I mean home office withdrawn the decision and reconsider my application. Do you how long it will take time approximately decide ilr application now these days.I have applied 22nd April 2015 and my biometrics done on 30th April...thank you