ILR refused

[VincentN]

I have just received an email saying that my ILR application was refused.

Let me get the timeline sorted first:


The visa concerned expired in March 2020, but it was extended twice to 31/7/2020.

I applied for ATAS certificate in early July, and was told that the estimated decision date was 20/7/2020, but not received until 30/8/2020.

Then I found out that on the covid visa website, that "If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period." which is the 39E overstayed section.

I applied for my Tier 4 visa on 30/8/2020 and was approved on 30/10/2020.


Now the problem is that I was told that the visa was applied out of time, and would cause a gap in lawful residence between 31/7 and 30/10.

I wonder if anyone could assist me on that.

Any help is appreciated.



(After spending more than 13 years here, and found out that I may no longer be allowed to stay in the country that I love is rather sad for me...)

[Ticktack]

I have just received an email saying that my ILR application was refused.

Let me get the timeline sorted first:


The visa concerned expired in March 2020, but it was extended twice to 31/7/2020.

I applied for ATAS certificate in early July, and was told that the estimated decision date was 20/7/2020, but not received until 30/8/2020.

Then I found out that on the covid visa website, that "If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period." which is the 39E overstayed section.

I applied for my Tier 4 visa on 30/8/2020 and was approved on 30/10/2020.


Now the problem is that I was told that the visa was applied out of time, and would cause a gap in lawful residence between 31/7 and 30/10.

I wonder if anyone could assist me on that.

Any help is appreciated.



(After spending more than 13 years here, and found out that I may no longer be allowed to stay in the country that I love is rather sad for me...)

Did you have any mitigating circumstances that stopped you from making an on time application? Even though the world was shutdown, people where still making a lot of application, it just took much longer than usual.

That law came out for those that got trapped in the country with like an expiring visit visa. Or people that got sick with Covid-19 and couldn't make an application.

It wasn't a carte blanche cheque for everyone to apply when they feel like. They have been gracious to renew your visa based on this, but in truth, your continuous residence has been broken.

You didn't need to leave that to chance and hope that things sort themselves out. You take the bull by the horn literarily!

[VincentN]

I have just received an email saying that my ILR application was refused.

Let me get the timeline sorted first:


The visa concerned expired in March 2020, but it was extended twice to 31/7/2020.

I applied for ATAS certificate in early July, and was told that the estimated decision date was 20/7/2020, but not received until 30/8/2020.

Then I found out that on the covid visa website, that "If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period." which is the 39E overstayed section.

I applied for my Tier 4 visa on 30/8/2020 and was approved on 30/10/2020.


Now the problem is that I was told that the visa was applied out of time, and would cause a gap in lawful residence between 31/7 and 30/10.

I wonder if anyone could assist me on that.

Any help is appreciated.



(After spending more than 13 years here, and found out that I may no longer be allowed to stay in the country that I love is rather sad for me...)

Did you have any mitigating circumstances that stopped you from making an on time application? Even though the world was shutdown, people where still making a lot of application, it just took much longer than usual.

That law came out for those that got trapped in the country with like an expiring visit visa. Or people that got sick with Covid-19 and couldn't make an application.

It wasn't a carte blanche cheque for everyone to apply when they feel like. They have been gracious to renew your visa based on this, but in truth, your continuous residence has been broken.

You didn't need to leave that to chance and hope that things sort themselves out. You take the bull by the horn literarily!

Thank you for your reply.

Regarding mitigating circumstances, I was actually infected by covid in late-July 2020, but I am not sure that the delay of the ATAS certificate from the Foreign & Commonwealth Office had contributed more to the delay. As the certificate was a mandatory requirement for my visa, I apply the ATAS certificate at the earliest possible time after it reopened for application, but it still got delayed for an extra month which is basically the cause of the current situation.

I understand that in fact the continuous residence has been broken, I was indeed trapped in the country during the time, and I would definitely have left the country and made the application if I could, but that was not really feasible at the time.

[Ticktack]

Thank you for your reply.

Regarding mitigating circumstances, I was actually infected by covid in late-July 2020, but I am not sure that the delay of the ATAS certificate from the Foreign & Commonwealth Office had contributed more to the delay. As the certificate was a mandatory requirement for my visa, I apply the ATAS certificate at the earliest possible time after it reopened for application, but it still got delayed for an extra month which is basically the cause of the current situation.

I understand that in fact the continuous residence has been broken, I was indeed trapped in the country during the time, and I would definitely have left the country and made the application if I could, but that was not really feasible at the time.

If you don't mind, can you post the wordings of the refusal letter/email and remove all personal identifiers.

[VincentN]

Thank you for your reply.

Regarding mitigating circumstances, I was actually infected by covid in late-July 2020, but I am not sure that the delay of the ATAS certificate from the Foreign & Commonwealth Office had contributed more to the delay. As the certificate was a mandatory requirement for my visa, I apply the ATAS certificate at the earliest possible time after it reopened for application, but it still got delayed for an extra month which is basically the cause of the current situation.

I understand that in fact the continuous residence has been broken, I was indeed trapped in the country during the time, and I would definitely have left the country and made the application if I could, but that was not really feasible at the time.

If you don't mind, can you post the wordings of the refusal letter/email and remove all personal identifiers.

Consideration has been given to your length of residence since your arrival in the UK on 2 Sep 2009 and although your application for leave to remain dated 30 Aug 2020 was submitted out of time, and would have resulted in a gap in continued lawful residence between 31 Jul 2020, when your coronavirus extension expired until 30 Oct 2020, when you were next granted leave...

I think the only arguable point here would be as follow, as the period before 31 Aug 2020 falls under 39E, does that mean the application for leave to remain was submitted in time?

[vinny]

If you have had completed your 10 years continuous Long residence on 02 Sept 2019, then a subsequent in-time SET(LR) application should succeed.

[VincentN]

If you have had completed your 10 years continuous Long residence on 02 Sept 2019, then a subsequent in-time SET(LR) application should succeed.

Sorry for cutting the rest of the email, the only reason that I applied this late is that I have left the country for way too many days if it counts from 2009, but that would not be a problem if count from 2012.

[zimba]

If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period

As you applied on 30/08/2020 for a new application and got approved, I'd say that your ILR should have been approved given the above concession.