can any friend help me about overstay and administrative rev

[gmpak123]

Hi

I applied visa after when I received upper tribunal decision
ukvi refuse me because they said I applied after 28 days but it was not a case I count time date on letter +2 days deemed service
I applied administrative review which result in my favour visa issued


my q? is when administrative review result in my favour they will count me in 28 days period or not

or they count me as overstay in that period

[Piyaji4200]

Is this your initial application or did you apply your extestion application ???
As I know if your Ar Approved your time is not count as a overstay .. Correct me Zimba if I am wrong ..

[gmpak123]

Thanks for reply

Yes it's is my innitial tier 1 entrepreneur application
I applied before its was refused then appeal was Lower and upper tribunal refusal I applied with in 28 days period again

[gmpak123]

hi

hi zimba can u please advice me

thanks

[zimba]

You overstayed as you had no valid visa when you applied for the fresh application.

[gmpak123]

hi zimba
thanks for reply

Hi

I applied visa after when I received upper tribunal decision
ukvi refuse me because they said I applied after 28 days but it was not a case I count time date on letter +2 days deemed service
I applied administrative review which result in my favour visa issued

my q? is when administrative review result in my favour they will count me in 28 days period or not

or they count me as overstay in that period

MY Q I WILL WITH IN 28 DAYS OVERSTAY PERIOD ?
BECAUSE ADMIN REVIEW THEY ADMIT IS MISTAKE IN ORIGNAL CONSIDRATION AND AFTER THAT THEY ISSUED VISA

PLEASE HELP ME

[Casa]

You don't need to post in capitals. It's considered to be the equivalent of shouting.

[gmpak123]

hi zimba
thanks for reply

Hi

I applied visa after when I received upper tribunal decision
ukvi refuse me because they said I applied after 28 days but it was not a case I count time date on letter +2 days deemed service
I applied administrative review which result in my favour visa issued

my q? is when administrative review result in my favour they will count me in 28 days period or not

or they count me as overstay in that period


my q?
I will be with in 28 days overstay period ?
my admin review result
they admit mistake in original consideration and admin review in my favour
visa issued after that

please help me

[zimba]

AR returned the results in your favour for an application you submitted as an overstayer. You WERE an overstayer when you applied and remained as such until your visa was approved

[gmpak123]

thanks for reply zimba
hi

I am confuse still

because my 10 years complete after 4 months
after overstay with in 28 days I applied visa till visa issued I was overstay ?

when I will apply 10 year lr I was overstay 28 days or 3 months till visa issued ?

thansk

[googleit]

For long residence any period of overstaying for 28 days is disregarded. And when you apply within 28 days of expiring section 3C or 3D but finally you are granted leave , your leave is considered continuous for LR provided you meet the other requirements of ILR

[zimba]

For ILR, any period of overstaying while waiting to hear a visa decision is ignored.
There was a thread on the same subject: http://www.immigrationboards.com/uk-tie ... 10604.html

[gmpak123]

thanks for reply

its mean when I applied with in 28 days period out time application time pending application will be disregarding for ilr (lr)

thanks

[n8net]

hi, friend of mine is in similar situation, could you please post the time -line please.

you say you applied after Tribunal, so the initial application made before the appeal rights were abolished ?

please be kind enough to post the dates and application/AR made . will help some one.

thanks

[gmpak123]

hi n8net

this is my time line

I came in uk 10-09-2006
student visa extension
then PSW till Aug. 2014
tier 1 entrepreneur applies june 2014==refused
then applied again in July 2014 === Refused again appeal right given
all appeal right exhausted august 2015 received letter =24 aug 2015
I applied visa 22 September 2015 again tier 1 entrepreneur== refused again (reason applied after 28 days)
but I applied with in 28days I count days 28+2 days deemed service but I applied at the end
applied administrative review with 4 days of refusal
administrative review in my favour they admit caseworker did error =visa issued

[Mrchaany]

tier 1 entrepreneur applies June 2014==refused
then applied again in July 2014 === Refused again appeal right given
all appeal right exhausted august 2015 received letter =24 Aug 2015
I applied visa 22 September 2015 again tier 1 entrepreneur== refused again (reason applied after 28 days)
but I applied within 28days I count days 28+2 days deemed service but I applied at the end

Sorry the above data and figures suggested that you have overstayed and breach you long term resident, but you will ok Tier 1 Entrepreneur 5 years settlement.

You are free to take legal advice from solicitors but you need to mention the above timeline than
they will assist you but i am still think that you had overstayed there.

regards
IK

[n8net]

thanks for the info.

I can also see that you becoming over stayer from 24th August 2015. But, the fact that you got the visa eventually (very well done for that), means that this period will not be counted for 10yr or 5 yr rule.

so well done...awesome stuff...

[gmpak123]

Examples of gaps in lawful residence
The examples below show some instances when it may or may not be appropriate to grant the application. This is not a complete list and you must judge each application on the information it contains and discuss this with a senior caseworker.
Example 1
An applicant has a single gap in their lawful residence due to submitting an applicationseventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.
Example 2
An applicant has three gaps in their lawful residence due to submitting three separate applications out of time. These were nine, 17 and 24 days out of time.

Example 3
An applicant has a single gap in their lawful residence due to submitting an application 34 days out of time. The applicant has provided a letter from their consultant stating they were hospitalised during this period.
Answer 1
Would you grant the application in this case?

Grant the application as the rules allow for a period of overstaying of 28 days or less.

Answer 2
Would you grant the application in this case?

Yes. Grant the application as the rules allow for periods of overstaying of 28 days or less.

Answer 3
Would you be right to use discretion in this case?

Yes. Even though the application was more than 28 days out of time, the applicant has provided sufficient evidence to demonstrate that there were exceptional reasons for the late application and has tried to maintain lawful residence throughout the rest of the 10 year period. You must confirm this with your senior executive office (SEO) senior caseworker.

[Mrchaany]

28 days is so called rule of ukvi

You have been overstaying more then 8
Months

[gmpak123]

thanks for the info.

I can also see that you becoming over stayer from 24th August 2015. But, the fact that you got the visa eventually (very well done for that), means that this period will not be counted for 10yr or 5 yr rule.

so well done...awesome stuff...

Hi
I don't understand overstay period is with in 28 days it's means
It will disregarded in ilr application ?

[Mrchaany]

I would brotherly suggest take solicitor advise