How will a 11 months break (temporary admission) affects my settlement application

[yumedo]

My previous Leave to Remain was granted on 09/Jan/2014 over 20 years of continually residency at the UK . I submitted FLR on 01/July 2016 , ten days before expiration, with a fee waive application. On 29 /September/2016.. It was given a decision as an invalid application due to fee waive was rejected..I submitted a fresh claim within 28 days with fee.On 17/August 2017. Further Leave to remain was granted.
I have since emailed Home Office enquiring about the legitimacy from 29/sep/2016 to 17/August/2017 (it was on temporary permission) . Their answers are that it’s regarded as a break and wouldn’t be counted forward to my ten years continuously residency..
My biggest concern is : How about the two and half years from my previous Leave to Remain. Will it be counted toward to my ten years continually residency at the UK when I apply for settlement?
Can anyone suggest any similar cases or relevant immigration law, please paste those links here

Thanks very much for everyone

Jack

[CMOSUK]

My previous Leave to Remain was granted on 09/Jan/2014 over 20 years of continually residency at the UK . I submitted FLR on 01/July 2016 , ten days before expiration, with a fee waive application. On 29 /September/2016.. It was given a decision as an invalid application due to fee waive was rejected..I submitted a fresh claim within 28 days with fee.On 17/August 2017. Further Leave to remain was granted.
I have since emailed Home Office enquiring about the legitimacy from 29/sep/2016 to 17/August/2017 (it was on temporary permission) . Their answers are that it’s regarded as a break and wouldn’t be counted forward to my ten years continuously residency..
My biggest concern is : How about the two and half years from my previous Leave to Remain. Will it be counted toward to my ten years continually residency at the UK when I apply for settlement?
Can anyone suggest any similar cases or relevant immigration law, please paste those links here

Thanks very much for everyone

Jack

Its a tricky one, the fact that you applied before visa expiry of your last leave and the application although not refused was invalid and you applied again with 28 days after September 2016 before the out of time application rule changes came In to effect in November 2016 reducing it to 14 days.

I think it may be possible that you may still be considered an overstayer as it was an invalid application and you may have only been granted further leave to remain because of that 28 day grace period.


Click here.

It may be that you will have to accrue time for the gap for it to be continuous 10 years lawful.

Also you state you applied 10 days before your expire of last leave in July 2016, your leave would have been valid up until the expiry of that point.

This is my understanding of it, when does the leave granted in August 2017 expire? It could be you were not protected under 3C during the time you applied for FLR between the expiry of your last leave and when you received the invalid application in September 2016.

[zimba]

Given that your application was returned as invalid, section 3C was never engaged and therefore you are assumed an overstayer from your visa expiry date. As your did not apply for the FLR application within 28 days of becoming an overstayer (visa expiry date), your continuous lawful period of stay will be considered broken and so you need to remain for 5 years on FLR again to be eligible for ILR.

[yumedo]

Thanks Zimba88 for your kind comment.

It seems rather reflect to the harsh reality.
My current RL is my second one, As you suggested, the first LR ,decision waiting time and the break ,all togather is about four years of length , will be discounted . Ten years of continously residency will have to be counted from my current LR, started from 18/August /2017.we are talking about almost another ten years or, three more FLR.

Its a very unfair treatment and one solicitor I talked to today vowed to challenge it.

[zimba]

You may want to take claims of a solicitor who wants to challenge this with a grain of salt.
In case of Mirza v Secretary of State, the supreme court criticised this law but maintained the decision made by HO.

[yumedo]

To Zimba88:

The solicitor seems clearly understand the situation . I will ask for detais of how he is going to approach this .
Most of all, By filing a challenging , will the Home office fiddle on my futhur applications? I have to look at it seriously.

[zimba]

You need to explain what the solicitor will try to challenge specifically

[yumedo]

You need to explain what the solicitor will try to challenge specifically

He hasn't got the chances to explain it in detail as that was a phone conversation ,once we have a face to face meeting , there should be more .

[yumedo]

I was suggested by a case worker that there is another way to approach this.That is to request my local MP to write to the Home Office on my behalf, on the ground of compassion to overlook this break . I am currently working on it as it seems to be a risk free strategy.

[zimba]

As you lived here for 20 years, you might be able to receive some form of discretion from HO but I am not sure there will be any guarantee