3c

london01234 · Post by **london01234** » Mon Dec 30, 2019 10:51 pm

Hi all
My 10 years going to complete in June 2020

I want to get some information about my 3c if admin can help me

In 2011 I applied for my student visa (before expiry )and my application been invalid by home office Bcz of not marked yes or no
On one of the option

They send me back whole file I receive that file after 3 days of my visa expiry

I send them whole new file within 7 days after receive my file back

My visa been refuse on the bases of not having 28 days maintenance (which was enough at the time of my first application including my remaining tuition free)

I got the right of appeal and I win my visa from court in March 2012

My question is can I apply for ILR in June 2020 ?
Is my 3c is valid meanwhile my case was in court and my file was invalid ?

Thanks

Post by **zimba** » Mon Dec 30, 2019 11:17 pm

You do not have 10 years of lawful residence as your application was returned as invalid. If an application is returned as invalid, it is treated as if it was never made. You were an overstayer when you applied for your application and you never had section 3C. So you had no valid leave between your visa expiry date and the day you were granted visa again in 2012. The fact that the appeal overturned the decision also makes no difference as your application was out-of-time to begin with

london01234 · Post by **london01234** » Tue Dec 31, 2019 12:10 am

Thanks I appreciate your advise

Post by **Amber** » Tue Dec 31, 2019 2:17 am

london01234 wrote: ↑
Mon Dec 30, 2019 10:51 pm
Hi all
My 10 years going to complete in June 2020

I want to get some information about my 3c if admin can help me

In 2011 I applied for my student visa (before expiry )and my application been invalid by home office Bcz of not marked yes or no
On one of the option

They send me back whole file I receive that file after 3 days of my visa expiry

I send them whole new file within 7 days after receive my file back

My visa been refuse on the bases of not having 28 days maintenance (which was enough at the time of my first application including my remaining tuition free)

I got the right of appeal and I win my visa from court in March 2012

My question is can I apply for ILR in June 2020 ?
Is my 3c is valid meanwhile my case was in court and my file was invalid ?

Thanks

From where are you posting, a home computer or not? You have multiple usernames registered under your IP and I’m waiting for a reason as to why.

Post by **Amber** » Tue Dec 31, 2019 2:32 am

Zimba wrote: ↑
Mon Dec 30, 2019 11:17 pm
You do not have 10 years of lawful residence as your application was returned as invalid. If an application is returned as invalid, it is treated as if it was never made. You were an overstayer when you applied for your application and you never had section 3C. So you had no valid leave between your visa expiry date and the day you were granted visa again in 2012. The fact that the appeal overturned the decision also makes no difference as your application was out-of-time to begin with

Would such a short gap not be disregarded and not break lawful residence as an application was made within 28 days of the visa expiring which was ultimately successful?

Post by **zimba** » Tue Dec 31, 2019 3:37 am

Amber wrote: ↑
Tue Dec 31, 2019 2:32 am

Zimba wrote: ↑
Mon Dec 30, 2019 11:17 pm
You do not have 10 years of lawful residence as your application was returned as invalid. If an application is returned as invalid, it is treated as if it was never made. You were an overstayer when you applied for your application and you never had section 3C. So you had no valid leave between your visa expiry date and the day you were granted visa again in 2012. The fact that the appeal overturned the decision also makes no difference as your application was out-of-time to begin with
Would such a short gap not be disregarded and not break lawful residence as an application was made within 28 days of the visa expiring which was ultimately successful?

I think you have a point here. He seems to have applied within 10 days of becoming an overstayer and eventually granted. So I guess discretion under paragraph 39E could be applied ?!

london01234 · Post by **london01234** » Tue Dec 31, 2019 7:34 am

Hi Amber
I have 1 login and I m using my phone and 1 haven’t got any other user
Thanks

london01234 · Post by **london01234** » Tue Dec 31, 2019 7:46 am

Hi zimba

What is discretion ?
What’s is in 39 E paragraph ?

My timeline is

Applied on 13-05-11
Last date of visa 18-05-11
Invalid application 21-05-2011
Send application back on 27-05-2011

Thanks

Post by **Amber** » Tue Dec 31, 2019 10:17 am

Zimba wrote: ↑
Tue Dec 31, 2019 3:37 am

Amber wrote: ↑
Tue Dec 31, 2019 2:32 am

Zimba wrote: ↑
Mon Dec 30, 2019 11:17 pm
You do not have 10 years of lawful residence as your application was returned as invalid. If an application is returned as invalid, it is treated as if it was never made. You were an overstayer when you applied for your application and you never had section 3C. So you had no valid leave between your visa expiry date and the day you were granted visa again in 2012. The fact that the appeal overturned the decision also makes no difference as your application was out-of-time to begin with
Would such a short gap not be disregarded and not break lawful residence as an application was made within 28 days of the visa expiring which was ultimately successful?
Ithink you have a point here. He seems to have applied within 10 days of becoming an overstayer and eventually granted. So I guess discretion under paragraph 39E could be applied ?!

I believe it should be.

Post by **Amber** » Tue Dec 31, 2019 10:17 am

london01234 wrote: ↑
Tue Dec 31, 2019 7:34 am
Hi Amber
I have 1 login and I m using my phone and 1 haven’t got any other user
Thanks

Thanks for confirming that.

london01234 · Post by **london01234** » Tue Dec 31, 2019 10:28 am

Hi
In application the reason for invalid was

Have u ever been to Irland ?

1 yes. 2. No

That’s the only reason

They send me back my whole file
I don’t know why they haven’t send me a letter to clarify that

Argument from my barrister in court

My Clint travelled first time out of country
That’s his first passport
If he travelled to Irland he must have visa on his passport

But he didn’t travelled

The person who checked his application can check this as well as he got his passport with the application as well

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