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Break in 10 Years?
Posted: Fri Feb 02, 2018 10:24 pm
by shah_143
HI Friends
Can you anyone explain had i broken section 3c immigration act 1971
i had tier 2 general till 30/06/2016 but i submitted a Tier 1 application on 6 April 2016 and this application was refused on 30 January 2017, with the right to request an Administrative Review (AR) then i requested an AR on 11 February 2017. However, the original refusal decision was maintained on 10 March 2017.
Home office told me to apply new visa or to go back then i submitted an application for FLR-FP on 22 March 2017 and that i varied on 08 Nov 2017 as i completed 10 years on that day and i have done postal application.
i am not sure if i broke 10 continuity as i got Refusal of Administrative Review (AR) and at that time my visa ran out on 30/06/2016 but my application was in process from 06/04/2016.
can you please share some information on my case?
thank you.
Re: Break in 10 Years?
Posted: Sat Feb 03, 2018 11:21 am
by chella
yes its broken
Re: Break in 10 Years?
Posted: Sat Feb 03, 2018 3:34 pm
by zimba
You applied within 14 days and then varied such application to ILR, so the time spent overstaying will be disregarded under 39E provisions. So there is a chance for SET(LR ) to succeed
Re: Break in 10 Years?
Posted: Sun Feb 04, 2018 12:10 pm
by shah_143
chella wrote: ↑Sat Feb 03, 2018 11:21 am
yes its broken
hi Chella,
i thought i have made application with in time frame given by Home office so its not broken.
Re: Break in 10 Years?
Posted: Sun Feb 04, 2018 12:13 pm
by shah_143
zimba88 wrote: ↑Sat Feb 03, 2018 3:34 pm
You applied within 14 days and then varied such application to ILR, so the time spent overstaying will be disregarded under 39E provisions. So there is a chance for SET(LR ) to succeed
hi Zimba88 : this is what i thought. my lawyer is 100% sure it will succeed. finger crossed.
thanks for input
Re: Break in 10 Years?
Posted: Sun Feb 04, 2018 9:05 pm
by Khan881
I have got same issue, but as i have learnt, its broken, but a good solicitor can rescue with 39E. its very tricky. majority of solicitors don't know of this. sadly it happened in our case.
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 9:17 am
by shah_143
Khan881 wrote: ↑Sun Feb 04, 2018 9:05 pm
I have got same issue, but as i have learnt, its broken, but a good solicitor can rescue with 39E. its very tricky. majority of solicitors don't know of this. sadly it happened in our case.
Thank you Khan881
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 8:16 pm
by chella
shah_143 wrote: ↑Sun Feb 04, 2018 12:10 pm
chella wrote: ↑Sat Feb 03, 2018 11:21 am
yes its broken
hi Chella,
i thought i have made application with in time frame given by Home office so its not broken.
[/quotem
hi i think u made application in time but that application need to be sucessful. if its succesful then its not broken. u varied before sucessful so its broken i think let senior member clarify thanks
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 8:17 pm
by chella
shah_143 wrote: ↑Mon Feb 05, 2018 9:17 am
Khan881 wrote: ↑Sun Feb 04, 2018 9:05 pm
I have got same issue, but as i have learnt, its broken, but a good solicitor can rescue with 39E. its very tricky. majority of solicitors don't know of this. sadly it happened in our case.
Thank you Khan881
[/quote
yes khan its lookslike broken.
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 8:21 pm
by chella
hi i think u made application in time but that application need to be sucessful. if its succesful then its not broken. u varied before sucessful so its broken . thanks
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 9:07 pm
by shah_143
chella wrote: ↑Mon Feb 05, 2018 8:21 pm
hi i think u made application in time but that application need to be sucessful. if its succesful then its not broken. u varied before sucessful so its broken . thanks
thank you it tricky to understand all this rules
Re: Break in 10 Years?
Posted: Mon Feb 05, 2018 9:43 pm
by chella
yeah even 80% solicitors doesnt know this rule.
Re: Break in 10 Years?
Posted: Tue Feb 06, 2018 9:37 am
by Khan881
get in touch with me plz, as we got same problem. i cant pm u
Re: Break in 10 Years?
Posted: Tue Feb 06, 2018 10:03 am
by CR001
Khan881 wrote: ↑Tue Feb 06, 2018 9:37 am
get in touch with me plz, as we got same problem. i cant pm u
Presumably your post is directed to user 'shah_143', who DOES NOT have PM access.
You should also note that posting about trying to send unsolicited PMs to members could result in your PM privilege being withdrawn permanently.
Re: Break in 10 Years?
Posted: Tue Feb 06, 2018 11:21 am
by Khan881
Sorry i didnt know, the rules.
Re: Break in 10 Years?
Posted: Tue Feb 06, 2018 2:24 pm
by shah_143
Khan881 wrote: ↑Tue Feb 06, 2018 9:37 am
get in touch with me plz, as we got same problem. i cant pm u
Hi Khan881
can we discuss on here?
i have made application now so i dont think i can change this.
also Home office should know about this rule so they should not refused. incase if they do i will go fight for it.
i am hoping for the best.
Thank you.
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 9:08 am
by Khan881
I went to solicitor and been told clearly that u have broken the HO rule, so best option to go for appeal against this on the basis of human rights.
if u put new application, it will have same impact as u have already broken 10 years. so result will be same, best to go for appeal.
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 9:21 am
by vinny
Applications for leave to remain: validation, variation and withdrawal wrote:Example scenario 3
An applicant submits application A
out of time. They then submit application B before application A has been decided.
An applicant cannot be granted more that one type of leave at a time. Where 2 applications have been submitted out of time, the second application will be considered as a variation of the first application.
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 10:52 am
by Khan881
vinny wrote: ↑Wed Feb 07, 2018 9:21 am
Applications for leave to remain: validation, variation and withdrawal wrote:Example scenario 3
An applicant submits application A
out of time. They then submit application B before application A has been decided.
An applicant cannot be granted more that one type of leave at a time. Where 2 applications have been submitted out of time, the second application will be considered as a variation of the first application.
as per decision received by HO, out of time application has been made after Admin Review refusal, though application was made within 14 days. their point is: "time expires within 2 business days".
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 11:15 am
by shah_143
Khan881 wrote: ↑Wed Feb 07, 2018 10:52 am
vinny wrote: ↑Wed Feb 07, 2018 9:21 am
Applications for leave to remain: validation, variation and withdrawal wrote:Example scenario 3
An applicant submits application A
out of time. They then submit application B before application A has been decided.
An applicant cannot be granted more that one type of leave at a time. Where 2 applications have been submitted out of time, the second application will be considered as a variation of the first application.
as per decision received by HO, out of time application has been made after Admin Review refusal, though application was made within 14 days. their point is: "time expires within 2 business days".
hi Khan881 this is joke by home office. they want people to suffer when they know 39E applies.
i still haven't got any decision so i have to wait until they take decision.
only down point is i havent got right to work at the moment which i am worried.
thank you.
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 11:48 am
by Khan881
If you haven't received any decision then how you came to conclusion.
Re: Break in 10 Years?
Posted: Wed Feb 07, 2018 1:17 pm
by shah_143
Khan881 wrote: ↑Wed Feb 07, 2018 11:48 am
If you haven't received any decision then how you came to conclusion.
Hi Khan881 i didn't came to conclusion i was just asking for everyone opinion and Advise.
sorry if i confused you.
thank you.
Re: Break in 10 Years?
Posted: Thu Feb 08, 2018 2:17 am
by Sunny024
shah_143 wrote: ↑Fri Feb 02, 2018 10:24 pm
HI Friends
Can you anyone explain had i broken section 3c immigration act 1971
i had tier 2 general till 30/06/2016 but i submitted a Tier 1 application on 6 April 2016 and this application was refused on 30 January 2017, with the right to request an Administrative Review (AR) then i requested an AR on 11 February 2017. However, the original refusal decision was maintained on 10 March 2017.
Home office told me to apply new visa or to go back then i submitted an application for FLR-FP on 22 March 2017 and that i varied on 08 Nov 2017 as i completed 10 years on that day and i have done postal application.
i am not sure if i broke 10 continuity as i got Refusal of Administrative Review (AR) and at that time my visa ran out on 30/06/2016 but my application was in process from 06/04/2016.
can you please share some information on my case?
thank you.
Dr shah
I had a similar situation like you.mine was refused in a month time .
Regarding my case :my appeal rights concluded and I made an intime (14days )actually in 2days I didn’t wait 14days and then varied it to ILR as I finished my 10years and got refused .HO says I’m an overstayed since my Appel rights ended,what’s the point of 39E then and why did they allow me to make an application nearly £2300 and refuse it if they know the result already .?my solicitor says they done a mistake and he is hopeful to win the case .not sure what’s gonna happen.
Good luck with your case ,I really hope u get it
Re: Break in 10 Years?
Posted: Thu Feb 08, 2018 3:24 am
by zimba
Immigration rules part 7, paragraph 276B(v) clearly mentions that paragraph 39E applies for any
current period of overstaying when application was made on or after 24 November 2016:
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
.
..
....
......
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
The date of the ILR application (upon variation of the previous leave) will be assumed to be the same as the date of the previous application. Thus the ILR application was made within the timeframe set under paragraph 39E (within 14 days of section 3C coming to an end) and therefore such current period of overstaying must be disregarded
Re: Break in 10 Years?
Posted: Thu Feb 08, 2018 12:39 pm
by shah_143
Sunny024 wrote: ↑Thu Feb 08, 2018 2:17 am
shah_143 wrote: ↑Fri Feb 02, 2018 10:24 pm
HI Friends
Can you anyone explain had i broken section 3c immigration act 1971
i had tier 2 general till 30/06/2016 but i submitted a Tier 1 application on 6 April 2016 and this application was refused on 30 January 2017, with the right to request an Administrative Review (AR) then i requested an AR on 11 February 2017. However, the original refusal decision was maintained on 10 March 2017.
Home office told me to apply new visa or to go back then i submitted an application for FLR-FP on 22 March 2017 and that i varied on 08 Nov 2017 as i completed 10 years on that day and i have done postal application.
i am not sure if i broke 10 continuity as i got Refusal of Administrative Review (AR) and at that time my visa ran out on 30/06/2016 but my application was in process from 06/04/2016.
can you please share some information on my case?
thank you.
Dr shah
I had a similar situation like you.mine was refused in a month time .
Regarding my case :my appeal rights concluded and I made an intime (14days )actually in 2days I didn’t wait 14days and then varied it to ILR as I finished my 10years and got refused .HO says I’m an overstayed since my Appel rights ended,what’s the point of 39E then and why did they allow me to make an application nearly £2300 and refuse it if they know the result already .?my solicitor says they done a mistake and he is hopeful to win the case .not sure what’s gonna happen.
Good luck with your case ,I really hope u get it
Hi Sunny024,
they haven't sent any communication to me yet apart from Bio-metric letter and its almost 3 months now.
HO know all the rules but they want us to suffer after reading 39E i can say we both are on same boat.
my FLR FP was pending for 9 months when they knew i was overstayed which as per the rule 39E is disregarded.
i am thinking to involve my MP in this so i get decision quicker.
i can just say dont loose hope and keep faith things will work out.
thank you.