Break in continuous residence

[Soban]

Hi all,

I have applied for ILR under the 10 years residency rule and have a question about breaks in continuous residency.

I came to the uk on 2nd September 2003. My last visa ran out on 23rd June 2013. I submitted a FLR O application on the 20th of June. This application was classed as invalid by the Home Office on the 31st of July as they claimed I used an incorrect form. As I didn't receive the letter of invalidity by September, I varied the FLR O application by submitting a SET LR form on the 8th of August.

Now, my question is whether I was covered by the 3c leave from the 23rd of June to 31st of July or not? Also, will this time count towards my legal residency in the uk for settlement purposes?

Finally, as I applied for ILR 8 days after the date on letter of invalidity, I assume they will treat it as an out of time application. Will I still be eligible for ILR? I know if you submit an application after your visa has expired you are an overstayer till your new visa is granted. Will they count my period of overstaying from 31st of July which is the date on the letter of invalidity till the 2nd of September which is the date of my 10 year anniversary or till 4th of August which is 28 days before the 10 years anniversary? And how will this affect my case?

Any input will be appreciated. Thanks

[Amber]

Your application should be ok so long as there are no errors.

[Amber]

Hi all,

Does 3c leave count towards legal residency for purposes of 10 years rules Application even if the application that gave rise to 3c is deemed as invalid?

Thanks

yes, if that did not continue on as overstay (within allowed 28 days)

yes, if that did not continue on as overstay (within allowed 28 days)

Thanks for your reply
My previous visa expired on 20th June, I put in a FLRO application on the 20th of June but it was deemed invalid on the 31st of July. Was I covered by 3 leave during this period?

Thanks again

[Amber]

Why was it 'deemed' invalid? If it was due to payment alone, that is not enough grounds to invalidate the application.

[Soban]

Why was it 'deemed' invalid? If it was due to payment alone, that is not enough grounds to invalidate the application.

They claim an incorrect form was used

[Soban]

Why was it 'deemed' invalid? If it was due to payment alone, that is not enough grounds to invalidate the application.

They claim an incorrect form was used

So what so you think amber?

[Amber]

The out-of-time application was made within 28 days and was subsequently successful, so should be ok.

[Soban]

The out-of-time application was made within 28 days and was subsequently successful, so should be ok.

Thanks for your reply. Can you please clarify your answer. I'm a bit unsure about your answer. I have reproduced the question for your convenience

My previous visa expired on the 23rd of June 2013 But i made an in time application on the 20th of June 2013 The application was classed as invalid on the 31st of July 2013. I subsequently made an application for ILR using the SET LR form on the 7th of August 2013

For purposes of long residency, was the period from the 23rd of June to the 31st of July covered under 3c leave? And if so will this period count towards my 10 year legal stay?

Additionally, the Home office says it will disregard any period of overstay of 28 days or less. As my FLRO application was classed as invalid on the 31st of July, there is a 32 days gap from that date to 2nd of September which is the date of my first arrival to the uk.

How will this impact my ILR application ?

[Soban]

Anyone?

[Amber]

Given that you made an application (out-of-time) within 28 days of the notice of invalidity and was subsequently successful, that should be ok.

[Soban]

Given that you made an application (out-of-time) within 28 days of the notice of invalidity and was subsequently successful, that should be ok.

See that's the thing. The subsequent application is the indefinite application which is still outstanding. The invalid application was the FLRO application

[Soban]

Given that you made an application (out-of-time) within 28 days of the notice of invalidity and was subsequently successful, that should be ok.

See that's the thing. The subsequent application is the indefinite application which is still outstanding. The invalid application was the FLRO application

So what do you think?

[vinny]

For purposes of long residency, was the period from the 23rd of June to the 31st of July covered under 3c leave? And if so will this period count towards my 10 year legal stay?

Although Section 3C is probably not engaged with invalid applications, you may be okay due to the concession.

Moreover, I think that the FLR(O)'s invalidity may also be disputed, if FLR(O) is a specified form, complying with the requirements in paragraph 34A (34C). However, a refusal may have been worse for you. On what basis did you use FLR(O)?

[rashenikki]

Hi All,

I also have a question about this?

I am about to apply for settlement using the LR form.

However i had a previous application which was deemed invalid because i forgot to include my PPhotos - this was back in 2011

I re-submitted within a week of receiveing the invalid letter - will this be counted as a break in time spent in UK or will it be okay.

Thanks
Nikki