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Hi zimba need your advice on this one.
if an application is in progress and your covered by 3C and u get a refusal then u apply admin review which is also refused so thats when ur 3c ends but the day it ends is within your 28 days of reaching 10 years can one apply for long residency ILR or does he become over stayer from the date of expiry of last leave which would be lets say a year ago because the application was in process for more than a year. or it doesnt matter because the 3C leave is counted as lawfull residence no matter application was refused or approved?
please advise
thanks.

Well Section 3C period counts as lawful stay. The long residence guide says:

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

zimba88 wrote: ↑

Mon Nov 06, 2017 4:33 pm

Well Section 3C period counts as lawful stay. The long residence guide says:

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

Thank you zimba
so a refusal in admin review does one become overstayer from that date or the expiry date of the previous visa?

nasiaziz wrote: ↑

Mon Nov 06, 2017 5:00 pm

zimba88 wrote: ↑

Mon Nov 06, 2017 4:33 pm

Well Section 3C period counts as lawful stay. The long residence guide says:

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

Thank you zimba
so a refusal in admin review does one become overstayer from that date or the expiry date of the previous visa?

You become an overstayer from the refusal of the AR.

marcnath wrote: ↑

Mon Nov 06, 2017 5:27 pm

nasiaziz wrote: ↑

Mon Nov 06, 2017 5:00 pm

zimba88 wrote: ↑

Mon Nov 06, 2017 4:33 pm

Well Section 3C period counts as lawful stay. The long residence guide says:

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

Thank you zimba
so a refusal in admin review does one become overstayer from that date or the expiry date of the previous visa?

You become an overstayer from the refusal of the AR.

Thanks for your reply marcnath,
so lets say if one doesnt wait for the result of the AR and while AR is pending and he reaches 10 years and applies for LR application within 28 DAYS of the qualifying period so it withdraws the AR automatically so does that make him overstayer from the date of the expiry of the last visa or from the date AR is withdrawn?
i saw in another post some one mentioned you become over stayer from the date of the last visa expiry if you apply new application when AR is pending?
please clarify
thank you

nasiaziz wrote: ↑

Tue Nov 07, 2017 9:53 am

marcnath wrote: ↑

Mon Nov 06, 2017 5:27 pm

nasiaziz wrote: ↑

Mon Nov 06, 2017 5:00 pm

zimba88 wrote: ↑

Mon Nov 06, 2017 4:33 pm

Well Section 3C period counts as lawful stay. The long residence guide says:

Thank you zimba
so a refusal in admin review does one become overstayer from that date or the expiry date of the previous visa?

You become an overstayer from the refusal of the AR.

Thanks for your reply marcnath,
so lets say if one doesnt wait for the result of the AR and while AR is pending and he reaches 10 years and applies for LR application within 28 DAYS of the qualifying period so it withdraws the AR automatically so does that make him overstayer from the date of the expiry of the last visa or from the date AR is withdrawn?
i saw in another post some one mentioned you become over stayer from the date of the last visa expiry if you apply new application when AR is pending?
please clarify
thank you

From the date AR is withdrawn

You become an overstayer when AR is concluded or you withdraw it (or apply for a fresh application)
Your will be considered an overstayer from your visa expiry if your application is returned as invalid.