Appeal lost-Grant of visa-28 days over stay-Long Residence

[helpingperson]

Afternoon all,


If someone has valid visa, applies visa renewal before expiry, gets refusal with appeal right, uses appeal rights, appeal is lost, within 28 days applies for new application which after wait of some months gets granted,

Is continues leave towards 10 years Long Residence broken in above situation?

Since he exhausted appeal rights, if he makes a new application within 28 days of court decision , what will be his status during this period until visa grant date as he was overstayer when he applied?

Is there any Home Office rules or case law which you can quote here please?


Thank you.

[CR001]

When did the person's leave expire after submitting extension application?

I believe that if leave expired after applying for extension and exhausting appeal process, the time from expiry till the new grant of visa might be considered overstay. I do stand to be corrected.

[helpingperson]

Hello CR001

Please could you share any link?

I have discussed with solicitors and they have same opinion as yours.

Had valid leave, before expiry applied for extension which got refused with appeal rights so exhausted appeal rights and within 28 days of losing appeal at Court of Appeal, submitted new application which got approved.

Below thread has similar situation but I am unable to understand it really.

http://www.immigrationboards.com/uk-tie ... l#p1408793

Please advise.

[yhm75]

hi

yes you are overstay you not allow work
but if you applying 10 year lr then its different

28 days will be disregarded when you apply ilr lr (ilr guidance page 5)

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of
long residence in the United Kingdom are that

(v) the applicant must not be in the UK in breach of immigration laws except that any
period of overstaying for a period of 28 days or less will be disregarded, as will
any period of overstaying between periods of entry clearance,
leave to enter or leave to remain of up to 28 days and any period of
overstaying pending the determination of an application made within that 28 day period.

according to guidance and 276 b immigration rule your long residence is not broken if you apply visa with in 28 days and visa granted
because 28 days and period waiting for determination is disregarded

this two cases clearly explain 28 days grace period

https://tribunalsdecisions.service.gov. ... 02825-2014


https://tribunalsdecisions.service.gov. ... 35013-2014

[helpingperson]

yhm75

Thank you for your input and help which is very much appreciated.

My question is specific to when appeal rights exhausted, you make new application which is granted after several months, I need help here to see whether leave is broken or not.

Solicitors are saying from the date when I lost appeal in Court Of Appeal to visa grant date, those months I was over-stayer. This is more than 28 days even though I applied within 28 days of over-stay but visa was approved months later. I hope this clarifies my situation and concern.

Please could you provide any case law, rule specific to this?

Are you able to provide any one else's story here who had similar situation?

Both links you attached, don't work for some reason, please kindly post them again.

[yhm75]

[quote="helpingperson"]yhm75

Thank you for your input and help which is very much appreciated.

My question is specific to when appeal rights exhausted, you make new application which is granted after several months, I need help here to see whether leave is broken or not.

Solicitors are saying from the date when I lost appeal in Court Of Appeal to visa grant date, those months I was over-stayer. This is more than 28 days even though I applied within 28 days of over-stay but visa was approved months later. I hope this clarifies my situation and concern.

Please could you provide any case law, rule specific to this?

Are you able to provide any one else's story here who had similar situation?


hi
all appeal period with 3c rule
if al appeal right exhausted 3c rule finish you overstay then you have 28 days to apply in this situation you are overstay but
your long residence is not broken if u got visa even many months

can you read please quoted lines

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of
long residence in the United Kingdom are that

(v) the applicant must not be in the UK in breach of immigration laws except that any
period of overstaying for a period of 28 days or less will be disregarded,

{ as will
any period of overstaying between periods of entry clearance,
leave to enter or leave to remain of up to 28 days and any period of
overstaying pending the determination of an application made within that 28 day period.}

[yhm75]

https://tribunalsdecisions.service.gov. ... 02825-2014

https://tribunalsdecisions.service.gov. ... 35013-2014

[helpingperson]

Thank you.

Please could you share link where this has come from?

any period of overstaying between periods of entry clearance,
leave to enter or leave to remain of up to 28 days and any period of
overstaying pending the determination of an application made within that 28 day period.}

The part above in red is relevant to what I need.

I just opened the links you sent, I will read and come back to you.

I am looking for rules, cases, laws, anything that support/confirm that when someone has lost appeal/exhausted appeal rights, he applies within 28 days of over stay, he gets visa, his long residence is in tact and not broken.

[yhm75]

this one is immigration rule

276b for long residence

and I think u will get all answers after you read cases

thanks

[helpingperson]

One case is someone leaving UK and then coming back, Second one is about invalid application, both don't involve appeal, don't address my issue. Please can you advise where in these cases I find what I am looking for?

Please could you copy from the case what is relevant to my case?

Below is 276b for long residence, I can not find any period of
overstaying pending the determination of an application made within that 28 day period


http://www.immigrationboards.com/indefi ... 67299.html

Please can you share the link and please advise where it is mentioned?

[KhanNW]

Dear helpingperson,

The following link should clear your doubts and any application with in 28 of overstaying that leads to visa approval, time awaiting for the decision will be disregarded for Long residence

Please see "Requirements for an extension of stay/276b(v). Good luck

https://www.gov.uk/guidance/immigration ... categories

[helpingperson]

yhm75, KhanNW,

Both thank you very much. You both have done great help to many here.

276bv
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

https://www.gov.uk/guidance/immigration ... categories

Please could you kindly also share a relevant case law, case example just to help further?

I really appreciate your help.

[KhanNW]

Please could you kindly also share a relevant case law, case example just to help further?

I really appreciate your help.[/quote]

276B is an immigration rule which will be applied if someone apply under long residence. The rule suggests that an application may not be refused only because of a person applied within 28 days of overstaying and subsequently granted a visa. It does not matter how long it took UKVI to make a decision. I am sorry but not sure what case law you are looking for?

Simple interpretation of the rule may be "a period of overstaying up to 28 days will be disregarded as well ANY PERIOD of over staying pending the determination of an application made within this (28 days) period. Any period suggests that it could be months

[helpingperson]

Please could you kindly also share a relevant case law, case example just to help further?

I really appreciate your help.

276B is an immigration rule which will be applied if someone apply under long residence. The rule suggests that an application may not be refused only because of a person applied within 28 days of overstaying and subsequently granted a visa. It does not matter how long it took UKVI to make a decision. I am sorry but not sure what case law you are looking for?

Simple interpretation of the rule may be "a period of overstaying up to 28 days will be disregarded as well ANY PERIOD of over staying pending the determination of an application made within this (28 days) period. Any period suggests that it could be months[/quote]


KhanNW,

Thank you. I meant to request any Tribunal decisions where someone had this situation and was granted ILR?


Due to lack of experience and understanding, I am not able to find but I am sure there will be many cases who had this situation.

Please could you try to help with any example cases, court cases where this was applied.

https://tribunalsdecisions.service.gov. ... aimant%5D=

[KhanNW]

Please could you kindly also share a relevant case law, case example just to help further?

I really appreciate your help.

276B is an immigration rule which will be applied if someone apply under long residence. The rule suggests that an application may not be refused only because of a person applied within 28 days of overstaying and subsequently granted a visa. It does not matter how long it took UKVI to make a decision. I am sorry but not sure what case law you are looking for?

Simple interpretation of the rule may be "a period of overstaying up to 28 days will be disregarded as well ANY PERIOD of over staying pending the determination of an application made within this (28 days) period. Any period suggests that it could be months

KhanNW,

Thank you. I meant to request any Tribunal decisions where someone had this situation and was granted ILR?


Due to lack of experience and understanding, I am not able to find but I am sure there will be many cases who had this situation.

Please could you try to help with any example cases, court cases where this was applied.

https://tribunalsdecisions.service.gov. ... aimant%5D=[/quote]

I believe there is no reason to refuse someone just because of this. So, it also mean there may not be a case

[helpingperson]

Can anyone please share a court case where appeal rights exhausted, then new application made within 28 days which was granted, and they successfully got ILR on 10 years long residence.

Thank you.

[CR001]

https://tribunalsdecisions.service.gov. ... 02825-2014

https://tribunalsdecisions.service.gov. ... 35013-2014

Did you miss these links?

[helpingperson]

https://tribunalsdecisions.service.gov. ... 02825-2014

https://tribunalsdecisions.service.gov. ... 35013-2014

Did you miss these links?

Hello CR001

The above case is when application got invalidated, then applicant had reasons in his favour like he got decision late and so on.

I am looking for when you go up to court of appeal,appeal gets dismissed, you become over stayer and then you make new application which is granted, any case in this scenario?

Thank you.

[helpingperson]

Dear All,

If someone has valid visa, they complete 10 years, apply for ILR based on long residence, get refusal for any reason, do they still get appeal right or no because they still have valid visa?

Please quote any immigration reference relevant to this if you know any as this will really help.

Thank you.

[bluebia]

Good Evening

Code: Select all

Can anyone please share a court case where appeal rights exhausted, then new application made within 28 days which was granted, and they successfully got ILR on 10 years long residence.

Thank you.

Did you get ILR. I am in same position as exhausted all appeal rights but got visa after upper tribunal refusal within 28 days. If you can share your experience and help would be really appreciated. Thanks

[helpingperson]

Dear All,

If someone has valid visa, they complete 10 years, apply for ILR based on long residence, get refusal for any reason, do they still get appeal right or no because they still have valid visa?

Please quote any immigration reference relevant to this if you know any as this will really help.

Thank you.

Hello All,

Please could you respond if ILR LR application will get appeal rights in case of refusal while you have valid visa on another category?

Thank you.

[zimba]

You do not get appeal rights any more except for human rights issues. The expiry of visa has nothing to do with appeal rights.

[helpingperson]

Will ILR Long Residence application can appeal right taking into account that applicant has valid visa?

[zimba]

Will ILR Long Residence application can appeal right taking into account that applicant has valid visa?

Appeal rights generally are NOT given unless the case involves HUMAN RIGHTS issues. This has NOTHING to do with visa validity

[helpingperson]

Please could anyone else respond to this question?

Zimba,

You have not answered question specific to my situation instead repeating yourself, seems like you have not got answer.