Very interesting,ILR based on 10 Years
Posted: Tue Jan 21, 2014 8:54 am
Hi
Please help me on below.
My student visa refused, I was given appeal right, I went to appeal to First Tribunal, Then Upper Tribunal, Finally to Court of Appeal, I did not get success and lost the appeal.
After refusal of appeal from Court of Appeal, I made a new Tier 4 Application to Home Office within 17 days of decision of Court of Appeal.
UKBA refused my application with only one reason saying that that I have overstayed more than 28 days.
My solicitor sent them a Pre-Action Protocol Letter mainly based on this:
‘In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an in-country
appeal is pending. An appeal is pending from the time that it is instituted until it is finally determined, withdrawn
or abandoned…..’
My client status is covered by the new rule which commenced on 01/10/2012 as follows;
‘90a. From 1 October 2012, all applications for further leave to remain will fall for refusal if a
student has overstayed for more than 28 days, unless there were exceptional circumstances
which prevented them from applying within the 28 day period.
UKBA accepted my solicitor argument and agreed in writing that I was on 3C or 3D leave for all the period during the appeal. UKBA agreed that they have made a mistake and I have not overstayed more than 28 days. UKBA offered reconsideration of my TIer 4 application. Then in short I got the Tier 4 visa.
After getting Tier 4, some months later, I made a application as Tier1 Entrepreneur Dependent. I was granted leave.
My question is, as I lost appeal in court of appeal, then made a new Tier 4 application to UKBA which I got visa on, has this court of appeal decision broken my continuous 10 years leave?
Can I make ILR application after completing 10 years in UK?
Point to be noted: It was Tier 4 application which tribunals and Court of appeal refused. Then I made new Tier 4 and UKBA granted.
Please provide me some quotes with your comments from UKBA guidance for long leave of 10 years.
Please help me on below.
My student visa refused, I was given appeal right, I went to appeal to First Tribunal, Then Upper Tribunal, Finally to Court of Appeal, I did not get success and lost the appeal.
After refusal of appeal from Court of Appeal, I made a new Tier 4 Application to Home Office within 17 days of decision of Court of Appeal.
UKBA refused my application with only one reason saying that that I have overstayed more than 28 days.
My solicitor sent them a Pre-Action Protocol Letter mainly based on this:
‘In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an in-country
appeal is pending. An appeal is pending from the time that it is instituted until it is finally determined, withdrawn
or abandoned…..’
My client status is covered by the new rule which commenced on 01/10/2012 as follows;
‘90a. From 1 October 2012, all applications for further leave to remain will fall for refusal if a
student has overstayed for more than 28 days, unless there were exceptional circumstances
which prevented them from applying within the 28 day period.
UKBA accepted my solicitor argument and agreed in writing that I was on 3C or 3D leave for all the period during the appeal. UKBA agreed that they have made a mistake and I have not overstayed more than 28 days. UKBA offered reconsideration of my TIer 4 application. Then in short I got the Tier 4 visa.
After getting Tier 4, some months later, I made a application as Tier1 Entrepreneur Dependent. I was granted leave.
My question is, as I lost appeal in court of appeal, then made a new Tier 4 application to UKBA which I got visa on, has this court of appeal decision broken my continuous 10 years leave?
Can I make ILR application after completing 10 years in UK?
Point to be noted: It was Tier 4 application which tribunals and Court of appeal refused. Then I made new Tier 4 and UKBA granted.
Please provide me some quotes with your comments from UKBA guidance for long leave of 10 years.