ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Perhaps a SAR check would clear up the matter for you about what info on your various visa statuses (statum?) they have for you and your dates etc...yominix1 wrote:I applied for ILR in June 2012. Came back as refused because between
June 2005 to December 2005 I had a gap.
I believe I made an application in November of that year.
I was given no right to appeal. Can I reapply. Appeal since my application has been with the UKBA, I could have cover the time. My current visa is still valid till November 2013.
Please can anyone advice. Thanks
physicskate wrote:Perhaps a SAR check would clear up the matter for you about what info on your various visa statuses (statum?) they have for you and your dates etc...yominix1 wrote:I applied for ILR in June 2012. Came back as refused because between
June 2005 to December 2005 I had a gap.
I believe I made an application in November of that year.
I was given no right to appeal. Can I reapply. Appeal since my application has been with the UKBA, I could have cover the time. My current visa is still valid till November 2013.
Please can anyone advice. Thanks
If the application you made in late 2005 was as an overstayer, you are not covered by 3C leave and your gap would be until your subsequent leave to remain was approved. So we need more info about your application... If you did not have valid leave to remain for more the 6 months, your application would have to be refused, hence why they refused your visa.
If you applied in country, your visa validity date depends on whether or not you were classed as an overstayer (and if your visa had expired in June of that year, I cannot see how you would not be classed as such). If your application was made outside the UK, it is from the date on the visa itself, not your application date. TBH, I cannot see how an appeal can succeed unless you were not classed as overstaying in the UK at the time you made your application if your gap is more than 6 months...
It would seem they believe you made that application for student visa in August as an overstayer and your leave was not continued under 3C. It is required that you make your application within 28 days of expiry if your application is refused (at least these are the rules now, not sure if this was similar back then) in order for 3c to continue (easier said than done as they often don't let you know for months and months!!!). But hey, what do I know?yominix1 wrote:
------------------------------------------------------------------------------------
Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
Please kindly advice me.
Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
--------------------------------------------------------------------------------------------dav2013s wrote:Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
What was your previous status? I mean until 16th June 2005.
Did you apply before your previous visa ended (during June 2005)?
yominix1 wrote:--------------------------------------------------------------------------------------------dav2013s wrote:Reply:I applied as spouse of person settled in UK. This was refused and did not win the appeal. Neither was I granted at the upper court. I reapplied for Student visa 15th August 2005. And it was granted on the 5th December 2005.
If I made another application does it still count as overstayer?
Between 16th June 2005 to 5th December in which I made another application for Student visa on the 15th August,2005. During this period and considering the fact that I made another application does it count that I overstayed????
What was your previous status? I mean until 16th June 2005.
Did you apply before your previous visa ended (during June 2005)?
Thanks all...
Yes I applied before my visa ran out -
I was on Student Visa up until November 2004, applied for Spouse of person settled in UK - October 2004. Refused December 2004. I appealed but was refused - Appealed to higher tribunal expired 15th June 2005. Then there was a change to Colleges - Mandatory to have DFES Registration. I changed institution to the city I live. Applied for Student Visa on 29th July,2005.Which was granted on December 5th 2005.
And since then been consistent with my student visa.
Please advice me...
They stated in the refusal letter that I broke the 10year Continuous residence between june to Dec 2005.
please advice me...
do you think this 28 days rule applies to the year of 2005?sheraz7 wrote:Usually till 28 days of the expiry of leave/leave extended by section 3C a person is not deemed to ba an overstayer. Maybe because you applied on 29th July 2005 which is more than 28 days from 15th June 2005. Perhaps that was the reason.
This is not correct. The 28 day consideration does not mean a person has not overstayed. It only means the UKBA will overlook a period of overstaying less than 28 days for certain applications. Jaberdene is correct that Unfortunately for the 10 year long residency the requirements are for continuous lawful residency. Discretion is applied if the overstaying is short and due to person making out of time application of 10 days or less. OP's period of overstaying is over 5 months and his application was more than 10 days out of time (Which is debatable).sheraz7 wrote:Usually till 28 days of the expiry of leave/leave extended by section 3C a person is not deemed to ba an overstayer. Maybe because you applied on 29th July 2005 which is more than 28 days from 15th June 2005. Perhaps that was the reason.
yominix1 wrote:Hi,
Please kindly advice me. I'm a student have family in UK on Discretionary leave to remain, could i apply under wife's discretionary leave to remain or could i apply under article 8?
what form can i use?
