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Apply for set lr during admin review
Posted: Mon Sep 16, 2019 11:50 am
by Fisamase89
Hi, i need some help(its my first post), my visa was refused on 3rd of august, applied for admin review on 17th of august.
Now I got email from HO saying that they will give their decision after 25th of September, My 10 years are completing on 22nd of September. I just wanted to ask if its ok to apply for set lr on 23rd on 10 years basis before I get the decision of my admin review. Please let me know if its safe. Thanks
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 1:36 pm
by CR001
Please do NOT tag your question onto other members topics. It is considered rude and is unfair to other posters.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 1:42 pm
by Fisamase89
I really apologise as this is my first time I'm using these forums, i thought may be some user can help me in any of these posts but clearly I was wrong.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 6:53 pm
by aman90
Fisamase89 wrote: ↑Mon Sep 16, 2019 11:50 am
Hi, i need some help(its my first post), my visa was refused on 3rd of august, applied for admin review on 17th of august.
Now I got email from HO saying that they will give their decision after 25th of September, My 10 years are completing on 22nd of September. I just wanted to ask if its ok to apply for set lr on 23rd on 10 years basis before I get the decision of my admin review. Please let me know if its safe. Thanks
No. Wait for admin review decision.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 7:11 pm
by Fisamase89
Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 8:31 pm
by aman90
Fisamase89 wrote: ↑Mon Sep 16, 2019 7:11 pm
Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?
You can but you are an overstayer and hence wouldn’t have legally reached 10 years to qualify for LR.
What’s ur immigration history and do you have any family in UK?
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 8:47 pm
by xeesee
aman90 wrote: ↑Mon Sep 16, 2019 8:31 pm
Fisamase89 wrote: ↑Mon Sep 16, 2019 7:11 pm
Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?
You can but you are an overstayer and hence wouldn’t have legally reached 10 years to qualify for LR.
What’s ur immigration history and do you have any family in UK?
Aman90 time spent on AR will also covered by section 3C than how OP is over stayer?
Please correct me as I'm not sure as well.
Thanks
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 8:55 pm
by aman90
xeesee wrote: ↑Mon Sep 16, 2019 8:47 pm
aman90 wrote: ↑Mon Sep 16, 2019 8:31 pm
Fisamase89 wrote: ↑Mon Sep 16, 2019 7:11 pm
Thanks for the reply, If AR decision come negative, will I still be able to apply for Set lr as I have completed my 10 years during this AR process ?
You can but you are an overstayer and hence wouldn’t have legally reached 10 years to qualify for LR.
What’s ur immigration history and do you have any family in UK?
Aman90 time spent on AR will also covered by section 3C than how OP is over stayer?
Please correct me as I'm not sure as well.
Thanks
Once AR decision is negative, applicant is deemed an overstayer... unless 39E is engaged within 14 days via any other route other than Long Residence.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 9:57 pm
by Fisamase89
Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 10:03 pm
by CR001
The minute you submit a new application your admin review will automatically be withdrawn as if it has not been submitted.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 10:55 pm
by aman90
Fisamase89 wrote: ↑Mon Sep 16, 2019 9:57 pm
Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?
CR001 has already answered. Read long residence guidance for home office staff.
The period spent on 3C after a refusal is not considered as lawful stay for LR. It’s contradictory but that’s how it stands for now.
Re: Apply for set lr during admin review
Posted: Mon Sep 16, 2019 11:54 pm
by zimba
aman90 wrote: ↑Mon Sep 16, 2019 10:55 pm
Fisamase89 wrote: ↑Mon Sep 16, 2019 9:57 pm
Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?
CR001 has already answered. Read long residence guidance for home office staff.
The period spent on 3C after a refusal is not considered as lawful stay for LR. It’s contradictory but that’s how it stands for now.
Who said time spent under Section 3C is not lawful stay ???!! If you complete your 10 years while on section 3C you can apply and get ILR
Re: Apply for set lr during admin review
Posted: Tue Sep 17, 2019 12:04 am
by aman90
Zimba wrote: ↑Mon Sep 16, 2019 11:54 pm
aman90 wrote: ↑Mon Sep 16, 2019 10:55 pm
Fisamase89 wrote: ↑Mon Sep 16, 2019 9:57 pm
Like you said, if the decision of AR is negative but what about me qualifying for 10 years before the AR decision? HO rules clearly states that when AR is pending 3c stays active ?
CR001 has already answered. Read long residence guidance for home office staff.
The period spent on 3C after a refusal is not considered as lawful stay for LR. It’s contradictory but that’s how it stands for now.
Who said time spent under Section 3C is not lawful stay ???!! If you complete your 10 years while on section 3C you can apply and get ILR
Good thing you changed ur statement coz the earlier one didn’t make any sense at all..
So are you confirming that OP can apply for LR even if AR is refused?
Re: Apply for set lr during admin review
Posted: Tue Sep 17, 2019 12:07 am
by zimba
Show me where I said time spent under Section 3C is not lawful ? He cannot get ILR if his section 3C ends before the 10 years is complete
Re: Apply for set lr during admin review
Posted: Tue Sep 17, 2019 12:29 am
by Fisamase89
Thanks for the reply, as I mentioned before the AR for my tier 1 extension is still pending(not rejected) they emailed me they will give the decision after 25th of september, I came to uk on 20th oct 2009, so my 10 years completing on 22nd (28 days before), I'm still confused if I should go for ilr on 23rd or wait for the decision which most probably they will refuse.
Re: Apply for set lr during admin review
Posted: Tue Sep 17, 2019 1:44 am
by zimba
Fisamase89 wrote: ↑Tue Sep 17, 2019 12:29 am
Thanks for the reply, as I mentioned before the AR for my tier 1 extension is still pending(not rejected) they emailed me they will give the decision after 25th of september, I came to uk on 20th oct 2009, so my 10 years completing on 22nd (28 days before), I'm still confused if I should go for ilr on 23rd or wait for the decision which most probably they will refuse.
As you have been advised before wait to hear back. If refused after 22nd, then apply directly for SET(LR) and you should get ILR as by that time you are eligible
Re: Apply for set lr during admin review
Posted: Tue Sep 17, 2019 11:36 am
by aman90
Zimba wrote: ↑Tue Sep 17, 2019 1:44 am
As you have been advised before wait to hear back. If refused after 22nd, then apply directly for SET(LR) and you should get ILR as by that time you are eligible
I stand corrected then... thanks!
The Ahmads case gave me the wrong impression.
Apologies to OP and Xeesee for providing incorrect info.
Re: Apply for set lr during admin review
Posted: Tue Oct 01, 2019 11:14 pm
by Fisamase89
Hi everyone, got my ilr this afternoon, many many thanks to everyone for all the guidance, you guys made this process lot more easier. Thanks again
Just a little thing I want to mention that, I took the gamble and did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending. Got my documents back on 26 saying my admin review was automatically withdrawn on 23rd when I submitted the new set lr application. Did my biometrics on 30th September and today on 1st oct I got the confirmation that leave has been accepted.
Thanks again everyone for all the help.
Re: Apply for set lr during admin review
Posted: Wed Oct 02, 2019 7:41 am
by xeesee
Fisamase89 wrote: ↑Tue Oct 01, 2019 11:14 pm
Hi everyone, got my ilr this afternoon, many many thanks to everyone for all the guidance, you guys made this process lot more easier. Thanks again
Just a little thing I want to mention that, I took the gamble and did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending. Got my documents back on 26 saying my admin review was automatically withdrawn on 23rd when I submitted the new set lr application. Did my biometrics on 30th September and today on 1st oct I got the confirmation that leave has been accepted.
Thanks again everyone for all the help.
Congratulations.
Can you please share, why your initial ILR application refused?
Thanks
Re: Apply for set lr during admin review
Posted: Wed Oct 02, 2019 8:32 am
by Fisamase89
Thanks, it was a tier 1 extension and got rejected on balance of probabilities.
Re: Apply for set lr during admin review
Posted: Mon Dec 02, 2019 1:48 pm
by Sha2019
Hi
I have read this post. I am in similar situation. Can I apply for ILR before 28 days of complete 10 years while admin review is pending?
I understand admin review will automatically withdrawn if I make any further application.
Someone told me that I cannot apply for ILR before 28 days while admin review is pending. I will have to wait until complete 10 years.
In this post, you have mentioned that you got ILR. Did you apply for ILR before 28 days while admin is pending?
I appreciate your suggestions.
Thanks
Re: Apply for set lr during admin review
Posted: Mon Dec 02, 2019 1:59 pm
by aman90
Sha2019 wrote: ↑Mon Dec 02, 2019 1:48 pm
A number of members once successful do not frequent the forum so u may not get any answer.
Ur free to create ur own thread on the forum. Its also advisable as even though you may feel ur circumstances are the same but there could be one point which is different and that can make all the difference.
Start a new thread with ur complete immigration history:
dates of when you entered, previous visas, current status, any refusals, overstays etc.
Re: Apply for set lr during admin review
Posted: Mon Dec 02, 2019 2:34 pm
by Sha2019
Thank you aman. Will do.