I suggest you to read that case you linked very carefully. In the conclusion section, the judgment clearly says:kom wrote: ↑Fri Mar 15, 2019 9:19 amThanks Zimba for your Valuable input.
As You see above response as some applicant varied 2nd application to ILR(LR) and they get success. How do they do then?
I am fully aware of section 3C and continues residency. But still initially, i have been advised to vary my 2nd application to ILR(LR) as there is nothing mention in guideline to vary 2nd application to ILR(LR)
Please guide me.
Thanks in Advance.
So when your section 3C ends for example when you make a new application, you are an overstayer and your lawful residence ends. Time spent waiting will not count towards the lawful residence unless your new application approves because in that case under paragraph 276B(v) you overstaying period will be disregarded. I always maintained that is the most reasonable interpretation of the rules. It makes no sense if an overstayer waiting for months or even years and without regularasing their leave, vary to long residence and claim lawful residence.There is no arguable merit in Mr Biggs’ contention that the Applicant was to be treated, for the purposes of paragraph 276B, as if he had leave to remain and thus to be in “ lawful residence ”; nor in the contention that the Respondent’s construction would lead to starkly unfair results to applicants. Rather, it is readily foreseeable that if applicants were to be so treated, it would create fertile ground for the abuse of the system.
People who have claimed that they managed to secure ILR, might have gotten away with pure luck