ILR LR refused, out of time applocation

[Ports]

Dear Moderators and Sunny024 and all in similar situations,
I'm in a similar situation. My AR exhausted (previous ILR application due to a break in the middle) 09 May 2018. NEW 10 year was due to complete 09 June 2018. Applied FLR (P & F) on 17 May 2018(Withing 14 days of AR exhausted). Then Varied to ILR LR on 09 June 2018. Got the refusal in December telling it was out of time application and under 276Bi and under 276Bv it's over staying from 09 May 2018.
Then I was not given Appeal rights telling, it's a repeat claim of My 07 March 2016 ILR (previous one) application.
My solicitors are telling there is an error and case worker is wrong and confused. Surely my NEW ILR (June 2018 one) was new 10 years without the break of previous one. Then they are telling 39E should have applied and it's not out of time application. Solicitors have asked appeal rights from FTT also.
I'm going for a JR and do you have suggestions????

[CR001]

What is your exact full UK immigration history?

Your section 3c protection ended when your AR was refused and you became an overstayer.

[Ports]

Hi There,
Thanks for the reply. It was Tier 4 (PhD) since 06 July 2008 -30 October 2015 then Section 3c leave till 09 May for a previous ILR application (from 2003-2013 various visas applied on 28/10/2015 and due to a break did not succeed and AR were exhausted on 09/05/2018).
What about application of paragraph 39E???? As my application to FLR (P&F) on 17/05/2018 was within in time??? (within 14 days of AR exhausted) was the case worker right to put it out of time???? I varied that FLR (p& F) on 09 June to ILR LR (within 28 days of 10 years).
thanks

[Donflats]

When and for how long was the break?

[Donflats]

Did they give you back your passport?

[Sunny024]

Thanks for tagging me,no one is sure how 39e works ,judges,HO solicitors etc .
39 e is to cover your overstay period ,if the Ho doesn’t consider it,then,what’s the point ?i had my hearing recently and every judge wasn’t sure ,delayed hearing and it will be resumed again on 25jan

[Ports]

Thanks Sunny 024, Thank you for your reply. In my case, They have not given me AR telling there are repeat claims from my 2016 March claims. Please update after your hearing. My solicitors are telling me I should get it in JR as they have not consider paragraph 39E. There are some cases 39E applied successfully.
Will wait to hear from you 25 January 2019.

[Alisher715]

Hi ports
Hope ur visa will be sorted soon.
Just a quick question when u applied second time have u received a letter stating that ur case is complicated and will take more than 6 months.
As i applied 5 months ago and still waiting for hopefully positive response.

[Ports]

Thanks, Yes I received complex letter after 14 weeks of applying.

[Ports]

Dear Modarators, Could you please help to provide some cases where Paragraph 39E applied successfully in courts. after the change of 2016 November grace period.

Thanks

[Sunny024]

https://www.bailii.org/uk/cases/UKUT/IAC/2018/10.html

The UT says that exception for overstayers in Rule 276B(v) (28/14 days overstaying) does not help a person who has no 10 years continuous and lawful residence in the UK under Rule 276B(i). I appeared for the Home Secretary: Ahmed [2019] UKUT 00010 (IAC)

This case has been reported by UT that means UT is bound to take all39e related case decisions on Basis of this case decision. I th8nk this is end of the road in UT but can be challenged in court of appeal

[Ports]

Dear Sunny024, How did your hearing go in UT last week. Hope you succeeded it. It would be great to have an update. Thanks