Long Residence ILR Questions

[madhavmichael]

Hello every one, I will be qualified to apply for ILR based on 10 year long residence by Jan 2019.
However I have couple of serious doubts which may effect my application.
First let me enclose my immigration history

Applied for Tier 4 student visa from India in Feb 2009 , came to UK on 22 Feb 2009 ( Visa was valid till 31st Oct 2010)- Attended uni regularly got failed in final exam and uni asked me to pay more money to write exam again I have refused and..

..Applied for another Tier 4 student visa from different uni.Visa issued valid from 16 Nov 2010 to 30 Jan 2012.

Then I have travelled to India on 29th Jan 2012 before my leave expire and applied for PSW from India . Visa issued valid from 10 April 2012 until 10 April 2014. Entered Uk on 19 April 2012

Then I have applied for entrepreneur visa with partner on 9 Apr 2014 waited for decision for 6 months then received Interview letter, my partner got freaked out and varied the application to Tier 4 General. Without any option left...
.. I have varied my application too for another Tier 4 general in November 2014 . Then got cheated by one of the college guy he lodged the application with out CAS , as a result visa got refused on 26th Jan 2015 , but gave right for appeal.
I have lodged the appeal on 4th Feb 2015 appeal. Mean while I found a sponsor for Tier 2 sponsor visa .

I have withdrawn the appeal on 7th July 2015 and applied for new Tier 2 sponsor visa(priority visa) on 10th July 2015. The decision suppose to be made in 10 days but HO took 90 days and granted visa on 7th Oct 2015.

Since then I have been on Tier 2 sponsor visa

So my doubts are

1. I have travelled out of country before my visa expired and made application from outside country with in 3 months for PSW. ( Is this considered as break in my Long residence ?)

2. I have withdrawn the appeal and applied for new application is my 3c not valid here ? ( Is this considered as break in my Long residence)
Thank you
Please kindly help me in understanding this
[/quote]

[CR001]

1. I have travelled out of country before my visa expired and made application from outside country with in 3 months for PSW. ( Is this considered as break in my Long residence ?)

Not an issue and no break in continuous residence.

2. I have withdrawn the appeal and applied for new application is my 3c not valid here ? ( Is this considered as break in my Long residence)

Your section 3C ended when you withdrew your appeal and were likely an overstayer which would break your continuous residence.

[madhavmichael]

Hello CR001 Thank you for quick response. I have always been wondering about how the section 3c work. Please enlighten me in this and also correct me if I'm wrong.

1. As soon as I withdraw my appeal I become an over stayer ? or do i have 28 days to apply for new application ?.

2. Once I apply for new application will I remain as over stayer ? or section 3C or 3D will start again ?

2. If i become an over stayer its more likely that my new application will be refused on the basis of over staying right ? but my application was successful and i got visa and also extended again after 3 years.

please clarify and help me understand what section 3c exactly is and what happens to it when you apply for new application ?

Thanking you

[secret.simon]

Section 3C extends pre-existing leave if an application under the UK Immigration Rules is submitted to the Home Office. So, if there is no-pre-existing leave on the day the application is submitted, there is no Section 3C leave.

As an example, if you make an application while you have valid leave, that leave is extended by Section 3C. But if you apply even the day after your previous leave expired, you do not have any leave to extend and you become an overstayer, even if you do have an application with the Home Office.

Once you become an overstayer, it is not possible to revive Section 3C leave. As mentioned above, it extended pre-existing leave. No leave, nothing to extend.

The 28 day/now 14 day overstayer period is ignored if you succeed in the subsequent application submitted with the 14/28 day period. But it does not start Section 3C leave. You are an overstayer from the day your leave ended until the subsequent application succeeds.

Your appeal withdrawal and subsequent reapplication broke your continuity of residence and your LR clock was reset to zero in 2015.

[madhavmichael]

Dear secret.simon thank you for the clarification .It is really interesting how this section 3c work,

I understand that I became an over stayer once my appeal was withdrawn . Is there any chance that HO will disregard the 28 days period of overstaying towards the long residence ? as my appeal was withdrawn before 24 November 2016.
I have paid an extra sum of money for a priority service to get my decision with in 10 days to avoid overstaying more than 28 days after withdrawing an appeal. But I got the decision after 90 days would this be consider as special circumstances as the delay was from home office end ?

Lastly can i please ask was there any other way i could have done ? to stop me being an over stayer and prevent breaks towards my long residence?

Can you please kindly give me any reference in the home office guidance list which is appropriate for my case.

[vinny]

Yes, Section 3C extended leave while an appeal is pending. It expired when you withdrew the appeal. Your expiry of leave was when Section 3C ended. So, I think you may be okay, if you applied within the overstay time limits and your application was eventually successful.

[madhavmichael]

Hello Vinny thank you for the references they are really helpful.

I would like to share my timeline from the day appeal was withdrawn, please kindly tell me whether the 28 days overstaying is allowed and does not effect my long residence.


All my other applications were in time and before the valid leave expires.

I have withdrawn my appeal on 7th July 2015
Applied for new application on 10th July 2015

Visa granted on 7th October 2015 .

Please kindly help me make a decision on this
Thanking you

[vinny]

I think you may be okay.

[zimba]

The rules for long residence under paragraph 276B(v) are clear that a period of overstaying between periods will be disregarded if you applied within 28 days of expiry of leave before 24 November 2016 :

(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 long residence guide does not clearly mention this, so it may create confusion

[madhavmichael]

Thank you so much for your references Zimba

In simple terms If a fresh application was made with in 28 days after withdrawing an appeal and the application was successful, the overstay will be disregarded and not considered as a break in Long residence.

Is this correct ? if this is correct I am going to apply for the 10 year long residence please confirm this or correct me if I am wrong

Thank you Zimba

[zimba]

It is correct

[madhavmichael]

1. I have travelled out of country before my visa expired and made application from outside country with in 3 months for PSW. ( Is this considered as break in my Long residence ?)

Not an issue and no break in continuous residence.

2. I have withdrawn the appeal and applied for new application is my 3c not valid here ? ( Is this considered as break in my Long residence)

Your section 3C ended when you withdrew your appeal and were likely an overstayer which would break your continuous residence.

Hello CR001 just to update my long residence has been approved and if i withdraw my appeal and apply for new application with in the time limit and the application is successful the overstay is disregarded and not considered as break in Long residence . Please update your knowledge and suggest people who are in similar situation accordingly

[madhavmichael]

Section 3C extends pre-existing leave if an application under the UK Immigration Rules is submitted to the Home Office. So, if there is no-pre-existing leave on the day the application is submitted, there is no Section 3C leave.

As an example, if you make an application while you have valid leave, that leave is extended by Section 3C. But if you apply even the day after your previous leave expired, you do not have any leave to extend and you become an overstayer, even if you do have an application with the Home Office.

Once you become an overstayer, it is not possible to revive Section 3C leave. As mentioned above, it extended pre-existing leave. No leave, nothing to extend.

The 28 day/now 14 day overstayer period is ignored if you succeed in the subsequent application submitted with the 14/28 day period. But it does not start Section 3C leave. You are an overstayer from the day your leave ended until the subsequent application succeeds.

Your appeal withdrawal and subsequent reapplication broke your continuity of residence and your LR clock was reset to zero in 2015.

Hello secret.simon my long residence has been approved and if i withdraw my appeal and apply for new application with in the time limit and the application is successful the overstay is disregarded and not considered as break in Long residence and the clock does not rest to zero . Please update your knowledge and suggest people correctly who are in similar situation

[dan883]

Hello secret.simon my long residence has been approved and if i withdraw my appeal and apply for new application with in the time limit and the application is successful the overstay is disregarded and not considered as break in Long residence and the clock does not rest to zero . Please update your knowledge and suggest people correctly who are in similar situation

Thank Your updating this

[zimba]

Section 3C extends pre-existing leave if an application under the UK Immigration Rules is submitted to the Home Office. So, if there is no-pre-existing leave on the day the application is submitted, there is no Section 3C leave.

As an example, if you make an application while you have valid leave, that leave is extended by Section 3C. But if you apply even the day after your previous leave expired, you do not have any leave to extend and you become an overstayer, even if you do have an application with the Home Office.

Once you become an overstayer, it is not possible to revive Section 3C leave. As mentioned above, it extended pre-existing leave. No leave, nothing to extend.

The 28 day/now 14 day overstayer period is ignored if you succeed in the subsequent application submitted with the 14/28 day period. But it does not start Section 3C leave. You are an overstayer from the day your leave ended until the subsequent application succeeds.

Your appeal withdrawal and subsequent reapplication broke your continuity of residence and your LR clock was reset to zero in 2015.

Hello secret.simon my long residence has been approved and if i withdraw my appeal and apply for new application with in the time limit and the application is successful the overstay is disregarded and not considered as break in Long residence and the clock does not rest to zero . Please update your knowledge and suggest people correctly who are in similar situation

The advice you received was correct and clearly stated that you should be fine. What are you talking about ??