Long residence eligibility

[Monz]

Hi, can pls someone check my eligibility for 10 year long residency. I am planning to apply for ilr lr.
Came as student in uk April 2011 visa valid till 28 feb 2013
Visa curtailed December 2012
Due to college closed by UKBA
Applied tier 4 again in Oct 2012
Acknowledgment received 24 oct 2012
Rejected as invalid application due to the rejection of payment from the bank on 18 Jan 2013
Invalid application letter Received 24 Jan 2013
New application went 19 Feb 2013
Accepted got visa from 26 march 2013 till 13 April 2014
New application for tier 2 made on 11 April 2014
Got visa 13 May 2014 till 17 May 2017
17 May applied for flr with fee waiver
Fee waiver Rejected 11th sep 2017
Another application with fee 25 sep 2017
Rejected 3rd oct 2018 with right to apeal
Apealed within 14 days
First appeal rejected
appealed upper tribunal
Accepted and got visa from 9 oct 2019 to 9 April 2022
Can anyone look into my Imigration history please
And advise.

[vinny]

Accepted got visa from 26 march 2013 till 13 April 2014

I think your 10 years lawful continuous residence may have started from 26 March 2013.

[Monz]

Accepted got visa from 26 march 2013 till 13 April 2014

I think your 10 years lawful continuous residence may have started from 26 March 2013.

Our college closed and our visa curtailed in dec 2012 but we took admission in other college with in time in oct 2012 and applied for new visa but when it returned as invalid due to the rejection of payment , although we had funds in bank and correct bank details were given . Not sure how application came back as invalid but it was written in letter by the home office that we need to make new application with the suggested doc and fee. That time it was suggested by our solicitor that it happened to many of tier 4 applicants and it won’t effect your status . New application was done within 28 days . It wasn’t our fault won’t it count in lawful residency ? As my flr is expiring in April 2022 and if I extend it next year again I have to apply ILR . Thinking if I can be done this year to save myself with two fees. I have got my rejection letter not sure if I can attach her for you to look into it . Pls suggest Thankyou

[zimba]

If an application is rejected as invalid, it is as if it was never made. This has been held even by the supreme court: https://www.freemovement.org.uk/supreme ... se-anyway/

This means you had no lawful residence from your visa expiry in Dec 2012 until you gained lawful residence again on 26 March 2013. This breaks your lawful residence under the long residence. So you only will be eligible to apply in late Feb 2023 under long residence

[Monz]

Hi , received my SAR today . What does it mean when it says
Out of time (no 3c leave)

Is 3c broken or not ?

[CR001]

Hi , received my SAR today . What does it mean when it says
Out of time (no 3c leave)

Is 3c broken or not ?

Yes, your section 3C is broken.

[Monz]

Hi, I need an advice. Came in uk in 2011 all the applications were on time as I can see in SAR . In 2017 May (in time) applied flr fp with fee waiver . Got rejected in 11 sep 2017. Made fresh flr fp application with fee on 25 sep 2017. Which was granted after the appeal . My SAR Shows after 11 sep 2017 as out of time no 3c leave . But after 25th sep 2017 after making application and visa granted will my lawful residency continued ? Pls help

[zimba]

Hi, I need an advice. Came in uk in 2011 all the applications were on time as I can see in SAR . In 2017 May (in time) applied flr fp with fee waiver . Got rejected in 11 sep 2017. Made fresh flr fp application with fee on 25 sep 2017. Which was granted after the appeal . My SAR Shows after 11 sep 2017 as out of time no 3c leave . But after 25th sep 2017 after making application and visa granted will my lawful residency continued ? Pls help

Yes. Paragraph 39E applies

[Monz]

Thankyou for the guidance . So shall I add covering letter with the application for ILR LR to explain ? If yes can you guide me what to write in the letter ? As after the refusal on 11 sep we got letter for the reporting and use to go every month until granted leave .

[zimba]

Thankyou for the guidance . So shall I add covering letter with the application for ILR LR to explain ? If yes can you guide me what to write in the letter ? As after the refusal on 11 sep we got letter for the reporting and use to go every month until granted leave .

You do not need to explain anything. Advice given to you regarding paragraph 39E to cover periods of overstaying between periods of stay is as per case law (Masum Ahmed v The Secretary of State for the Home Department).

I would like to stress that you do NOT qualify under the long residence route until 2023. This is because your continuous lawful residence was broken in 2013.