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Witthdrawn appeal.Continuous residency broken or not?
Posted: Wed Jan 11, 2017 5:55 pm
by bigben1982
Dear forum members,
It would be great if some one can share some advice regarding the following issue.
I applied for Tier 2 general extension on 03/09/2014.
Tier 2 general visa at that time was expired on 14/09/2014.
Received the refusal on 22/10/2014. Appeal lodged on 29/10/2014.
Appeal hearing date was given on 06/05/2015.
However,I made a fresh application using a new COS on 27/04/2015 using 10 days premium service.Applied online on that day. Same day,27/04/2015,we wrote to Taylor house advising that we are withdrawing the appeal. Outcome of the new Tier 2 general visa was on 07/05/2015.It was granted L.T.R. Appeal rights exhausted on 05/05/2015.
I will be completing my 10 years continuous long term residency on the 1st week of September 2017. My question is,have I ever broken continuous residency at any time period I mentioned above?I am worried that I didn't go for appeal and withdrawn.So,since my visa was expired on 03/09/2014 until I received the new Tier 2 general visa on 07/05/2015,have I broken continuous residency?
I am looking forward your kind reply. Many thanks in advance.
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Wed Jan 11, 2017 6:02 pm
by yhm75
You applied visa with in 28 days after withdraw appeal
You will be fine U.K. Ukvi grant Ltr
28 days overstay will be disregarded in ilr application
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Thu Jan 12, 2017 8:20 am
by bigben1982
@yhm75 Which 28 days you are talking about?Could you please explain me in more details?
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Fri Jan 13, 2017 3:40 pm
by yhm75
Applied visa 27/04/2015.It was granted L.T.R.
Appeal Withdraw
If withdraw from lower tribunal then which day u withdraw
That date is the date 28 days start means 27/4/2015.
Still you with in 28 days
In that period you applied with in 28 days overstay
276b immigration rule
If you applied visa before 24 November 2016
with in 28 days 28 days or less will be disregarded
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Mon Jan 16, 2017 9:49 am
by bigben1982
yhm75 wrote:Applied visa 27/04/2015.It was granted L.T.R.
Appeal Withdraw
If withdraw from lower tribunal then which day u withdraw
That date is the date 28 days start means 27/4/2015.
Still you with in 28 days
In that period you applied with in 28 days overstay
276b immigration rule
If you applied visa before 24 November 2016
with in 28 days 28 days or less will be disregarded
@yhm75 thank you so much for the replies.I am so relieved now.Much appreciate your assistance.I will update with you soon.
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Mon Jan 16, 2017 10:36 am
by saeedh
[/b]I think this information will boost your confidence[/b]
http://www.immigrationboards.com/indefi ... 22099.html
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Mon Jan 16, 2017 3:42 pm
by bigben1982
@saeedh thanks a lot for contacting me.The reason I am worried just because I withdrawn the appeal before hearing at FTT.However,I made fresh application withing 14/28 days after sending withdrawal notice to FTT.I believe you have gone through my dates.This was happened in 2008/2009 period.So,would you still say,I haven't broken continuous residency?Please let me know kindly.
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Tue Jan 17, 2017 9:45 am
by saeedh
Read this and apply with full confidence.
Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
Re: Witthdrawn appeal.Continuous residency broken or not?
Posted: Tue Jan 17, 2017 11:24 am
by bigben1982
saeedh wrote:Read this and apply with full confidence.
Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
@saeedh Much appreciate your assistance.Thanks a lot again.That gives me hope.I will update with you later.
Old passport lost by Home Office,ILR on 10yrs route in 2017
Posted: Wed Jan 25, 2017 3:01 pm
by bigben1982
Dear forum members,
I will be eligible to apply for ILR this summer based on 10 years long term route.When one of the Tier 2 application was on progress,passport was expired in 2014.Later,Home Office sent the refusal letter holding my old passport.Refusal due to mismatched code and salary by employer.Later I made a fresh application using a new COS using a new passport and got ILR.I requested ROD of my old passport but I was told that by HO in e-mail,
"In those circumstances of passport expiry during on progress of application,they send the passport to the country of origin".
I found out origin of my country's embassy here in London,didn't receive the expired passport.Later,requested subject access request and found out that one of the update by HO says that they filed my old passport on a temporary file.After many tries,I didn't get the right answer from HO what happened to my passport.It was clearly lost by HO.
I got the copy of that old passport including all the visa pages,entry&exit stamps.My old visa stamp details are in that passport 2007-2014.
I can only provide additional documents of,
1.My payslips(some months payslips missing in each year)for the 10 years but I was on continuous part time employment during 2007-2012 and full time employment 2012 upto now.
2.P60s for all years except 2009,2009&2011 missing.
3.NIC contributions for all years from 2007(got from HMRC).
4.Tax records from 2007 for all years upto now.
5.College letter(2007-2008),Uni letter(2008-2011),employer full time letter from 2012 onwards.I don't want to get the part time employer letter for the period (2007-2011)because I don't want to contact that employer in any circumstances.
6.No GP records from 2007-2012 because I just joined a GP in 2007 however I never used the service at all but can get GP letter from 2012 upto now if necessary.
7.No council letter/bills because I have been living through out my 10 years in all including bills shared houses at different locations in UK.
Could anybody please advice me if the documents above I mentioned enough to prove for the period that I don't have passport(2007-2014)?
Re: Old passport lost by Home Office,ILR on 10yrs route in 2
Posted: Wed Jan 25, 2017 3:21 pm
by bigben1982
bigben1982 wrote:Dear forum members,
I will be eligible to apply for ILR this summer based on 10 years long term route.When one of the Tier 2 application was on progress,passport was expired in 2014.Later,Home Office sent the refusal letter holding my old passport.Refusal due to mismatched code and salary by employer.Later I made a fresh application using a new COS using a new passport and got LTR.I requested ROD of my old passport but I was told that by HO in e-mail,
"In those circumstances of passport expiry during on progress of application,they send the passport to the country of origin".
I found out origin of my country's embassy here in London,didn't receive the expired passport.Later,requested subject access request and found out that one of the update by HO says that they filed my old passport on a temporary file.After many tries,I didn't get the right answer from HO what happened to my passport.It was clearly lost by HO.
I got the copy of that old passport including all the visa pages,entry&exit stamps.My old visa stamp details are in that passport 2007-2014.
I can only provide additional documents of,
1.My payslips(some months payslips missing in each year)for the 10 years but I was on continuous part time employment during 2007-2012 and full time employment 2012 upto now.
2.P60s for all years except 2009,2009&2011 missing.
3.NIC contributions for all years from 2007(got from HMRC).
4.Tax records from 2007 for all years upto now.
5.College letter(2007-2008),Uni letter(2008-2011),employer full time letter from 2012 onwards.I don't want to get the part time employer letter for the period (2007-2011)because I don't want to contact that employer in any circumstances.
6.No GP records from 2007-2012 because I just joined a GP in 2007 however I never used the service at all but can get GP letter from 2012 upto now if necessary.
7.No council letter/bills because I have been living through out my 10 years in all including bills shared houses at different locations in UK.
Could anybody please advice me if the documents above I mentioned enough to prove for the period that I don't have passport(2007-2014)?
Sorry a mistake has been rectified in red text.
ILR 10years Route-Continuous residency issue
Posted: Sat Feb 11, 2017 8:40 pm
by bigben1982
Dear forum experts,please advice me on the following issue kindly.I applied for my student visa extension in September 2008.I made intime application at that time.However home office tried 3times to get additional documents from me.I didn't receive any of those 3 letters.In January 2009,I received refusal letter saying that I didn't submit additional documents to prove maintenance.Later we lodged appeal in country on time and hearing date was in March 2009.Hearing was successful to me.We proved home office sent all 3letters via normal post so we didn't receive none of them on time.Appeal was granted L.T.R.Then,I was waiting to hear from home office.I got the student visa in September 2009 valid for another 2years.I believe the day after I applied my visa was expired.I would like to ask you,have I broken continuous residency at any time going through this 1 year visa problem.Please kindly advice me.
Re: ILR 10years Route-Continuous residency issue
Posted: Sat Feb 11, 2017 10:22 pm
by bigben1982
*Sorry just to clarify,I applied a day before my current visa was expired at that time.
Re: ILR 10years Route-Continuous residency issue
Posted: Mon Feb 13, 2017 3:34 pm
by ThisisA
I am not able to follow you properly but you mentioned your original application was in time and again when you appealed, that was in time, then you mentioned about an application after your visa expiry. Which application is this? I think if you can provide a good enough reason for why you applied after your visa expiry then you should be fine.
Re: ILR 10years Route-Continuous residency issue
Posted: Mon Feb 13, 2017 3:50 pm
by bigben1982
ThisisA wrote:I am not able to follow you properly but you mentioned your original application was in time and again when you appealed, that was in time, then you mentioned about an application after your visa expiry. Which application is this? I think if you can provide a good enough reason for why you applied after your visa expiry then you should be fine.
Hi ThisisA,thanks for trying to help me.Ok sorry for the confusion.
I applied for my student visa extension in September 2008 before the visa at that time was expired.It was like visa expired on 14/09/2018 and I filed student visa extension application on 13/09/2008.Later,home office tried 3times to get additional documents from me.I didn't receive any of those 3 letters.In January 2009,I received refusal letter saying that I didn't submit additional documents to prove maintenance on time.Then I came to know HO tried to contact me but none of the letters they sent reached me at all.Later we lodged appeal in country on time and hearing date was in March 2009.Hearing was successful to me.We proved home office sent all 3letters via normal post so we didn't receive none of them at all.Appeal result was grant L.T.R.Then,I was waiting to hear from home office for a long time.I was waiting for their update after hearing result.Atlast,I got the student visa in September 2009 which was valid for another 2 years.I would like to ask you all,have I broken continuous residency at any time going through this 1 year visa problem.Please kindly advice me.
Re: ILR 10years Route-Continuous residency issue
Posted: Mon Feb 13, 2017 4:32 pm
by CR001
It really is very difficult to read your posts as you post one big block of texts. It would be helpful if you broke your posts down into a timeline of events or paragraphs.
Re: ILR 10years Route-Continuous residency issue
Posted: Tue Feb 14, 2017 10:07 am
by bigben1982
CR001 wrote:It really is very difficult to read your posts as you post one big block of texts. It would be helpful if you broke your posts down into a timeline of events or paragraphs.
Hi CR001,thanks for the reply.Ok let me put down the events in this way.
Applied for student visa extension-13/09/2008
Student visa expired-14/09/2008
Home office tried 3 times to get additional documents from me between November 2008 and January 2009.
I didn't receive none of those 3 letters at all.
Received refusal letter for not providing proof of maintenance-January 2009.
Applied for appeal in country within time limit given.
Hearing date-March 2009
Hearing outcome-Successful.Favour to myside after proving HO sent all 3 letters via normal post so never received them at all on time.
Student visa granted-September 2009.
My question is,
What was my status after my visa expired on 14/09/2008 until September 2009?Have I ever broken continuous residency in this period?Please advice me.
Re: ILR 10years Route-Continuous residency issue
Posted: Tue Feb 14, 2017 10:38 am
by CR001
If an appeal is successful, my understanding is that your Section 3C is reinstated to cover the period of no leave to remain.
Re: ILR 10years Route-Continuous residency issue
Posted: Tue Feb 14, 2017 11:24 am
by bigben1982
CR001 wrote:If an appeal is successful, my understanding is that your Section 3C is reinstated to cover the period of no leave to remain.
@CR001 Much appreciate your reply.So simply saying,I didn't break my continuous residence right?
GP letters&Bank statements for ILR 10 years route
Posted: Thu Feb 16, 2017 3:34 pm
by bigben1982
Hi,
Could someone please advice me.My previous passport lost when I applied for an extension with HO.HO lost it.If passport is lost,HO asks to submit GP letters and Bank statements as additional documents to cover that period.Has anyone submitted GP letters and bank statements as part of your ILR 10 years route?How can I get it?I need it for the period 2007-2014.
Re: GP letters&Bank statements for ILR 10 years route
Posted: Thu Feb 16, 2017 4:03 pm
by CR001
You need to contact your bank and GP or NHS you were registered to request the documents. NHS charges a fee for copies of medical records.
Re: GP letters&Bank statements for ILR 10 years route
Posted: Fri Feb 17, 2017 12:41 pm
by bigben1982
CR001 wrote:You need to contact your bank and GP or NHS you were registered to request the documents. NHS charges a fee for copies of medical records.
Thanks a lot CR001.
I can provide,
*10 years payslips(some months payslips lost).
*Employment history letter from HMRC for 10 years
*NI paid 10 years letter from HMRC
*Tax paid for 10 years letter from HMRC.
*College letter to cover 2007-2008
*University letter to cover 2008-2011.
*Full time employment letters to cover 2012-2016&2016-Ongoing
*I am unable to get part time employment letter for the period 2007-2012 because I lost in touch with that employer.I do not want to contact that employer again.However,I have got the payslips to cover that period except some months payslips that I lost.
Could you please tell me,do I still need GP and bank statements after providing all the documents I mentioned above?
Re: GP letters&Bank statements for ILR 10 years route
Posted: Mon Feb 20, 2017 2:05 pm
by bigben1982
bigben1982 wrote:CR001 wrote:You need to contact your bank and GP or NHS you were registered to request the documents. NHS charges a fee for copies of medical records.
Thanks a lot CR001.
I can provide,
*10 years payslips(some months payslips lost).
*Employment history letter from HMRC for 10 years
*NI paid 10 years letter from HMRC
*Tax paid for 10 years letter from HMRC.
*College letter to cover 2007-2008
*University letter to cover 2008-2011.
*Full time employment letters to cover 2012-2016&2016-Ongoing
*I am unable to get part time employment letter for the period 2007-2012 because I lost in touch with that employer.I do not want to contact that employer again.However,I have got the payslips to cover that period except some months payslips that I lost.
Could you please tell me,do I still need GP and bank statements after providing all the documents I mentioned above?
Could some give me some advice please?
Bank balance-10years long term residency to ILR
Posted: Tue Feb 28, 2017 1:33 pm
by bigben1982
Hi,I will be applying for my ILR based on 10 years long term residency.Could someone advice me please,if I have to show any bank balance for last 6/12 months?
Re: Bank balance-10years long term residency to ILR
Posted: Tue Feb 28, 2017 2:02 pm
by iworker
No