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10 years Long Residence ILR refused.
Posted: Sat Apr 06, 2013 12:10 pm
by yominix1
I applied for ILR in June 2012. Came back as refused because between
June 2005 to December 2005 I had a gap.
I believe I made an application in November of that year.
I was given no right to appeal. Can I reapply. Appeal since my application has been with the UKBA, I could have cover the time. My current visa is still valid till November 2013.
Please can anyone advice. Thanks
Posted: Sat Apr 06, 2013 12:27 pm
by [iD]
Can you tell us more about the gap?
Re: 10 years Long Residence ILR refused.
Posted: Sat Apr 06, 2013 3:01 pm
by physicskate
yominix1 wrote:I applied for ILR in June 2012. Came back as refused because between
June 2005 to December 2005 I had a gap.
I believe I made an application in November of that year.
I was given no right to appeal. Can I reapply. Appeal since my application has been with the UKBA, I could have cover the time. My current visa is still valid till November 2013.
Please can anyone advice. Thanks
Perhaps a SAR check would clear up the matter for you about what info on your various visa statuses (statum?) they have for you and your dates etc...
If the application you made in late 2005 was as an overstayer, you are not covered by 3C leave and your gap would be until your subsequent leave to remain was approved. So we need more info about your application... If you did not have valid leave to remain for more the 6 months, your application would have to be refused, hence why they refused your visa.
If you applied in country, your visa validity date depends on whether or not you were classed as an overstayer (and if your visa had expired in June of that year, I cannot see how you would not be classed as such). If your application was made outside the UK, it is from the date on the visa itself, not your application date. TBH, I cannot see how an appeal can succeed unless you were not classed as overstaying in the UK at the time you made your application if your gap is more than 6 months...
Re: 10 years Long Residence ILR refused.
Posted: Sat Apr 06, 2013 4:14 pm
by yominix1
physicskate wrote:yominix1 wrote:I applied for ILR in June 2012. Came back as refused because between
June 2005 to December 2005 I had a gap.
I believe I made an application in November of that year.
I was given no right to appeal. Can I reapply. Appeal since my application has been with the UKBA, I could have cover the time. My current visa is still valid till November 2013.
Please can anyone advice. Thanks
Perhaps a SAR check would clear up the matter for you about what info on your various visa statuses (statum?) they have for you and your dates etc...
If the application you made in late 2005 was as an overstayer, you are not covered by 3C leave and your gap would be until your subsequent leave to remain was approved. So we need more info about your application... If you did not have valid leave to remain for more the 6 months, your application would have to be refused, hence why they refused your visa.
If you applied in country, your visa validity date depends on whether or not you were classed as an overstayer (and if your visa had expired in June of that year, I cannot see how you would not be classed as such). If your application was made outside the UK, it is from the date on the visa itself, not your application date. TBH, I cannot see how an appeal can succeed unless you were not classed as overstaying in the UK at the time you made your application if your gap is more than 6 months...
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Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
Please kindly advice me.
Re: 10 years Long Residence ILR refused.
Posted: Sat Apr 06, 2013 5:13 pm
by physicskate
yominix1 wrote:
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Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
Please kindly advice me.
It would seem they believe you made that application for student visa in August as an overstayer and your leave was not continued under 3C. It is required that you make your application within 28 days of expiry if your application is refused (at least these are the rules now, not sure if this was similar back then) in order for 3c to continue (easier said than done as they often don't let you know for months and months!!!). But hey, what do I know?
Anyway, I reckon you would need a SAR and a serious legal brain to argue that you were not an overstayer during late 2005. That serious legal brain would money. It might be easier to make your application 28 days before the date of that student visa in 2015... if you can continue your leave until that time. OR you might want legal advice to see what other avenues you might be able to explore.
Posted: Sat Apr 06, 2013 5:49 pm
by dav2013s
Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
What was your previous status? I mean until 16th June 2005.
Did you apply before your previous visa ended (during June 2005)?
Posted: Sat Apr 06, 2013 7:52 pm
by cs95tdg
OP, it would help if you provide your complete UK immigration history covering the 10 year period, including: a) Immigration categories along with b) EC & visa extension/switching application dates, c) LTR expiry dates etc... The information provided so far is not complete to get a clear picture.
As already suggested, a SAR would certainly help you understand what the UKBA have on record about your immigration history.
Posted: Sat Apr 06, 2013 9:10 pm
by yominix1
dav2013s wrote:Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
What was your previous status? I mean until 16th June 2005.
Did you apply before your previous visa ended (during June 2005)?
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Thanks all...
I was on Student Visa up until November 2004, applied for Spouse of person settled in UK - October 2004. Refused December 2004. I appealed but was refused - Appealed to higher tribunal expired 15th June 2005. Then there was a change to Colleges - Mandatory to have DFES Registration. I changed institution to the city I live. Applied for Student Visa on 29th July,2005.Which was granted on December 5th 2005.
And since then been consistent with my student visa.
Please advice me...
They stated in the refusal letter that I broke the 10year Continuous residence between june to Dec 2005.
please advice me...
Posted: Sat Apr 06, 2013 9:41 pm
by yominix1
yominix1 wrote:dav2013s wrote:Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
What was your previous status? I mean until 16th June 2005.
Did you apply before your previous visa ended (during June 2005)?
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Thanks all...
Yes I applied before my visa ran out -
I was on Student Visa up until November 2004, applied for Spouse of person settled in UK - October 2004. Refused December 2004. I appealed but was refused - Appealed to higher tribunal expired 15th June 2005. Then there was a change to Colleges - Mandatory to have DFES Registration. I changed institution to the city I live. Applied for Student Visa on 29th July,2005.Which was granted on December 5th 2005.
And since then been consistent with my student visa.
Please advice me...
They stated in the refusal letter that I broke the 10year Continuous residence between june to Dec 2005.
please advice me...
Posted: Sat Apr 06, 2013 10:23 pm
by sheraz7
Usually till 28 days of the expiry of leave/leave extended by section 3C a person is not deemed to ba an overstayer. Maybe because you applied on 29th July 2005 which is more than 28 days from 15th June 2005. Perhaps that was the reason.
Posted: Sun Apr 07, 2013 11:39 am
by jaberdene
sheraz7 wrote:Usually till 28 days of the expiry of leave/leave extended by section 3C a person is not deemed to ba an overstayer. Maybe because you applied on 29th July 2005 which is more than 28 days from 15th June 2005. Perhaps that was the reason.
do you think this 28 days rule applies to the year of 2005?
It might be you can apply for limited leave to remain within 28 days.
when it comes to the ILR 10 year rule, its 10 days I think.
Posted: Sun Apr 07, 2013 1:00 pm
by quantum1
sheraz7 wrote:Usually till 28 days of the expiry of leave/leave extended by section 3C a person is not deemed to ba an overstayer. Maybe because you applied on 29th July 2005 which is more than 28 days from 15th June 2005. Perhaps that was the reason.
This is not correct. The 28 day consideration does not mean a person has not overstayed. It only means the UKBA will overlook a period of overstaying less than 28 days for certain applications. Jaberdene is correct that Unfortunately for the 10 year long residency the requirements are for continuous lawful residency. Discretion is applied if the overstaying is short and due to person making out of time application of 10 days or less. OP's period of overstaying is over 5 months and his application was more than 10 days out of time (Which is debatable).
I would suggest seeing a solicitor.
Student to Discretionary
Posted: Tue Oct 15, 2013 2:44 pm
by vinny
yominix1 wrote:Hi,
Please kindly advice me. I'm a student have family in UK on Discretionary leave to remain, could i apply under wife's discretionary leave to remain or could i apply under article 8?
what form can i use?
Posted: Tue Oct 15, 2013 3:05 pm
by vinny
Why is your wife under discretionary leave?
How long has she been under discretionary leave?
Posted: Tue Oct 15, 2013 3:14 pm
by yominix1
She applied for indefinite to remain but
They said she's not qualified but based on
Her situation she was granted DL.
Thanks
Posted: Tue Oct 15, 2013 3:16 pm
by Amber
When was she first granted DLR?
Posted: Tue Oct 15, 2013 3:16 pm
by yominix1
She has been on DL since 2011.
About 3years +
Posted: Tue Oct 15, 2013 3:18 pm
by Amber
She'll have to extend the DLR before it expires for a further 3 years to apply to settle after 6 years DLR or 10 years valid and continuous stay.
You may be able to apply for FLR(O) - family life if you have a claim, i.e.
exception 1. Do you have children?
Posted: Tue Oct 15, 2013 4:02 pm
by yominix1
We have 3 children.