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URGENT HELP "ILR REFUSED"
Posted: Thu Nov 08, 2018 2:21 pm
by sweetad
hi all members yesterday received letter of refusal from my lawyer for the my ILR application with the right of appeal. Details are as follows :
My appeal rights exhausted in April 2018 and made a tier 1 extension application with in given 14 days grace period , and then later on varied it with ILR in september 18.
case worker refused stating that since my tier 1 extension application which was made after my appeal rights were exhausted is considered out of time application and my 3c ended when the appeal rights exhausted so the i do not fulfill the continuous 10 years period time required for ILR qualification. So case worker has also considered my ILR application to be out of time as well in relation to the TIer 1 extension.
My question is that Tier 1 extension was made within the 14 days given to me after the appeal rights exhausted how can the application be out of time and what are the chances when i appeal the decision.
YOUR earliest reponse would be highly appreciable
Re: URGENT HELP "ILR REFUSED"
Posted: Thu Nov 08, 2018 2:52 pm
by zimba
To be eligible under long residence, you must be lawfully present in the UK for at least 10 years. You can apply within 28 days of completing your 10 years. When you exhausted your appeal rights, you became an overstayer and therefore your lawful residence ended. Immigration rules allow you to apply within 14 days of becoming an overstayer for a new application (which could be granted under the provisions of the paragraph 39E) but you remain an overstayer until the decision is made. Given that you vairied your extension to ILR and you were overstaying, the period of overstaying will NOT count towards the lawful residence and the case worker is correct in the decision to refuse.
If you had waited for the extension to be granted under the provisions of the paragraph 39E, then that period of overstaying would have been discarded and you then were eligible for SET(LR) without any issues. The error was to vary the out-of-time extension application thinking that you are eligible for SET(LR)
Re: URGENT HELP "ILR REFUSED"
Posted: Thu Nov 08, 2018 3:44 pm
by CR001
sweetad wrote: ↑Thu Nov 08, 2018 2:21 pm
My question is that Tier 1 extension was made within the 14 days given to me after the appeal rights exhausted how can the application be out of time and what are the chances when i appeal the decision.
You should have heeded the advice you were given in April when you were clearly advised that your new out of time Tier 1E application would need to be successful for the overstay to be ignored.
indefinite-leave-to-remain/long-residen ... l#p1628367
cyclina1 wrote: ↑Sun Apr 29, 2018 11:03 pm
your 3C leave was finished once your right to appeal is exhausted. You can file a new application but it must be successful so you won't be overstayed too long.
If you make an application and then varies it 3 months later , the HO will treat you as withdrawn the first one thus you overstay from the end of 3C leave to the date you file the variation. Likely your variation will be refused because of long overstay.
Re: URGENT HELP "ILR REFUSED"
Posted: Fri Nov 09, 2018 12:18 am
by cyclina1
sweetad wrote: ↑Thu Nov 08, 2018 2:21 pm
hi all members yesterday received letter of refusal from my lawyer for the my ILR application with the right of appeal. Details are as follows :
My appeal rights exhausted in April 2018 and made a tier 1 extension application with in given 14 days grace period , and then later on varied it with ILR in september 18.
case worker refused stating that since my tier 1 extension application which was made after my appeal rights were exhausted is considered out of time application and my 3c ended when the appeal rights exhausted so the i do not fulfill the continuous 10 years period time required for ILR qualification. So case worker has also considered my ILR application to be out of time as well in relation to the TIer 1 extension.
My question is that Tier 1 extension was made within the 14 days given to me after the appeal rights exhausted how can the application be out of time and what are the chances when i appeal the decision.
YOUR earliest reponse would be highly appreciable
I really feel very sorry to your case, unfortunately you have zero chance to win if you appeal this decision on your ILR, as Zimba also explained very clearly... varied to ILR was a mistake...
My advice is save money, hard to swallow but please accept the outcome. From the date your appeal exhausted till now, is more than 180 days. your previous residency has been broken, so even now you make any visa application and be granted, your residency will be reset and be counted from zero. Anyone who claims that they can fight back your previous residency and rescue your ILR is 99.99% lie/ or lack of basic knowledge of immigration in the UK......
Re: URGENT HELP "ILR REFUSED"
Posted: Wed Nov 14, 2018 4:55 pm
by jaz9567
sweetad wrote: ↑Thu Nov 08, 2018 2:21 pm
hi all members yesterday received letter of refusal from my lawyer for the my ILR application with the right of appeal. Details are as follows :
My appeal rights exhausted in April 2018 and made a tier 1 extension application with in given 14 days grace period , and then later on varied it with ILR in september 18.
case worker refused stating that since my tier 1 extension application which was made after my appeal rights were exhausted is considered out of time application and my 3c ended when the appeal rights exhausted so the i do not fulfill the continuous 10 years period time required for ILR qualification. So case worker has also considered my ILR application to be out of time as well in relation to the TIer 1 extension.
My question is that Tier 1 extension was made within the 14 days given to me after the appeal rights exhausted how can the application be out of time and what are the chances when i appeal the decision.
YOUR earliest reponse would be highly appreciable
Hello sweetad sorry to hear this. I don't know what ho is doing in these kind of cases. I am in the same boat. I personally know someone who recently got ilr while his second application of extension was in process and he varied to long residency ILR and was successfull. When your 1st application of tier1 extension was refused? And did you go for AR?