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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
I came Uk 2009 august and I was in student visa till 2017 February. In February upper tribunal refused me and then within 10 days of refusal I applied FLRFP and it’s granted last year august 2019. My 10 years already completed but I’m bit confused about my 10 days gap. what u say shall I apply for ILR? And section 39E is it applicable for me?Zimba wrote: ↑Mon Oct 26, 2020 11:26 amI would like to stress this paragraph so people do NOT get confused:
The period of overstaying between the leave must be disregarded as per rules (this was the position of the HO in many cases) This is also the Masum Ahmed case judgment which is now correctly thrown outIn Masum Ahmed (not to be confused with the related case of Junied Ahmed v SSHD [2019] UKUT 10 (IAC)), it was held that each of the limbs of 276B stood alone: 276B(v) could not be used to cure any previous overstaying in between periods of leave.
However many people here applied when they did NOT complete 10 years of lawful residence and their period of overstaying was at the end (NOT between the periods of valid leave). Most of the these applicants were hoping their out of time pending application can be varied to the long residence while overstaying without first regularising their stay. That was the case in Junied Ahmed. That judgement still stands
You applied for your fresh FLR application in 2017 after you exhausted your appeal rights on 24th Feb 2017. This was after November 2016 rule changes and the introduction of paragraph 39E, so the 14 days rule applies. However, I could see that the period between 26th Feb (two days after appeal right being exhausted and when the decision is served) and 9th March is less than 14 days. Are the dates you reported previously correct ??abutaher wrote: ↑Wed May 05, 2021 6:17 pmMy ILR application refused because I had refusal of tier4 student visa in 2nd of March 2015 and I applied again on 31st of March they said gap should be no more than 14 days plus 2 days postage they cover but long as i know before November 2016 it covers 28 days I don’t know why they refused on that grounds. Can somebody please help me out what to do?
The 14 days concession under paragraph 39E applies to any new application made after November 2016. Your FLR must have been filed within 14 days of section 3C ending. The long residence has appeal rights. Are your dates correct ?? How are they saying you applied later than 14 days ??abutaher wrote: ↑Wed May 05, 2021 11:40 pmBut they didn’t give any appeal rights! And can you please tell me from when 28 days overstated period applies and from when 14 days overstay period applies after any appeal refusal? Coz I’m confused. Long as I know before 24th November 2016 28 days overstay period allows after any refusal appeal and after that it is 14 days. Am I right or wrong please let me know. I’m very very stressed now. What you think in my case shall I go for JR coz there are no appeal rights?
abutaher wrote: ↑Thu May 06, 2021 12:37 amSorry brother I think I didn’t explain you properly. Actually previous when I said to you the dates of appeal when they refused in 2017 24th refused and I applied FLRFP in 9th of March 2017 means within 14 days of overstay period and it was granted in 2019. But I had another gap which was in 2015. When I got refused by My tier4 application on 2nd of March 2019 with appeal rights then did appeal on 31st of March 2015 that means within 28 days of overstay period plus it covers 2 days postage. They refused my ILR on that basis that I didn’t appeal within 14 days of my refusal it exceeded 13 days more they said that’s why they refused. But my question is that was in 2015. Long as I know 28 days overstay period is allowed before November 2016 after November 2016 section 39e applies and it covers not more that 14 days overstay period after any refusal to make a new application. Am I right or wrong can you tell me that?
You can check with the tribunal if your appeal was considered out-of-time. Was there a reason for a late appeal filing ?Appellant in UK and not in immigration detention: must be received by the First-Tier Tribunal within 12 working days (2+10) after the date on which the decision was sent out
The rules also cover what should happen when the appeal is filed out-of-time:Notice of appeal
19.—(1) An appellant must start proceedings by providing a notice of appeal to the Tribunal.
(2) If the person is in the United Kingdom, the notice of appeal must be received not later than 14 days after they are sent the notice of the decision against which the appeal is brought.
(3) If the person is outside the United Kingdom, the notice of appeal must be received —
(a)not later than 28 days after their departure from the United Kingdom if the person—
(i)was in the United Kingdom when the decision against which they are appealing was made, and
(ii)may not appeal while they are in the United Kingdom by reason of a provision of the 2002 Act; or
(b)in any other case, not later than 28 days after they receive the notice of the decision.
https://www.legislation.gov.uk/uksi/201 ... tents/madeLate notice of appeal
20.—(1) Where a notice of appeal is provided outside the time limit in rule 19, including any extension of time directed under rule 4(3)(a) (power to extend time), the notice of appeal must include an application for such an extension of time and the reason why the notice of appeal was not provided in time.
(2) If, upon receipt of a notice of appeal, the notice appears to the Tribunal to have been provided outside the time limit but does not include an application for an extension of time, the Tribunal must (unless it extends time of its own initiative) notify the person in writing that it proposes to treat the notice of appeal as being out of time.
(3) Where the Tribunal gives notification under paragraph (2), the person may by written notice to the Tribunal contend that—
(a)the notice of appeal was given in time; or
(b)time for providing the notice of appeal should be extended, and, if so, that person may provide the Tribunal with written evidence in support of that contention.
(4) The Tribunal must decide any issue under this rule as to whether a notice of appeal was given in time, or whether to extend the time for appealing, as a preliminary issue, and may do so without a hearing.
(5) Where the Tribunal makes a decision under this rule it must provide to the parties written notice of its decision, including its reasons.
https://www.gov.uk/courts-tribunals/fir ... and-asylumabutaher wrote: ↑Fri May 07, 2021 4:13 pmHow do I contact with the tribunal can I please tell me I will appreciate and also on that if I applied out of time means I appealed out of time how they take it or how they accept it they should notify me that appeal is gone! Am I right or wrong can you please explain me?
Zimba wrote: ↑Fri May 07, 2021 11:12 pmhttps://www.gov.uk/courts-tribunals/fir ... and-asylumabutaher wrote: ↑Fri May 07, 2021 4:13 pmHow do I contact with the tribunal can I please tell me I will appreciate and also on that if I applied out of time means I appealed out of time how they take it or how they accept it they should notify me that appeal is gone! Am I right or wrong can you please explain me?
I showed you what the rules require them to do. Contact the tribunal that dealt with your case and enquire about your case. They are often helpful