10 year application with a Gap!! Worth sending application??

[Markie22]

Greetings,

I've been recommended this website by my sister who frequents it and she recommends l could get some help and advice in regards to an ILR application l hope to send in April based on my SAR file.

My history:

- Arrived in the UK on the 12/04/98 on student visa, IO stamped visa and given leave until 12/04/99 at airport.
- Sent aplication for student visa on the 01/04/99 and got stamped visa until 12/04/00. (SAR shows application raised on the 13/04/99 and outcome date 28/04/99)
- Sent application for student visa on the 29/02/00 and got stamped visa until 30/04/01. (SAR shows application raised on the 08/03/00 and outcome date 17/03/00)
- Sent application for student visa on the 10/04/01 and got stamped visa until 30/04/02. (SAR shows application raised on the 19/04/01 and outcome date 04/05/01)
- Sent application form FLR(O) on the 19/04/02 based on the political situation in Zimbabwe, l could not travel and had paid for my first year university tuition. I called the HO and was informed l needed to fill in this form and explain all this. Leave was granted until 31/10/02.

Now my problem is based on the next application:

- Sent application for student visa on the 05/10/02 and got a letter dated 06/01/03 stating my application was invalid because l had not enclosed all required documentation in regards to proof of progress. I filled in form FLR(S) and in section 3 it asked about my last leave to remain and where l had been studying, l unfortunately left this blank basing this decision on that my last leave to remain had been on the Zim situation and having filled in FLR(O) and advice l had recieved from the help line when l called the HO, unfortunately l cannot substantiate this with proof as l cannot recall who l spoke to. I then sent off the form again with the information required. The SAR form states in the notes by the case worker:
In time application - the application was in time but was rejected and a revised application was sent. This was actually out of time, strictly speaking but l have accepted this one. Docs. received, proof of enrolment of course, proof of good progress, proof of funds. Everything above is satisfactory (under current rules) and therefore we can grant: Code 2 until 04.02.2004

- Made a PEO application on the 20/01/04 and got student leave to complete degree until 30/09/05.
- Made work permit application, application received 08/09/05 by WPUK and got permit from 21/09/05 until 20/09/10.
- Made another work permit application after getting another job on the 15/05/07 (HO received) and got permit and FLR from 29/05/07 until 29/05/12.

My question is can I apply for ILR having had the problem in 2002/03, can l fight this or should l wait until 08/2010 to apply for ILR? All applications were sent or done in time.

Your comments will be greatly appreciated.

Mark.

[Markie22]

Any feed back guys or is this one for a solicitor or OISC agent???

[Markie22]

Just an update on my case:

Sent ILR application on the 02/04/08.
Money taken on card 05/04/08.
Got letter of acknowledgement on the 08/04/08.

Got another letter stating application was valid on the 30/04/08.

Got passport back today with ILR, ILR vignette dated 08/05/08.

I will say in my application l listed my full immigration history as per my SAR request, and highlighted under the long residence rules this point concisely:

"I do believe under the current Immigration Directorate Instruction- Chapter 18- Long Residence sections 3C and 3D of the Immigration Act 1971 both extend an individuals’ leave in certain circumstances. Section 3C extends leave where a person with limited leave to enter or remain makes an in-time application, but their leave expires before a decision on that application is reached. Where a person has 3C leave, and his/her application is refused, 3C leave continues until appeal rights are exhausted"

I believed my case was covered under these sections.

To all those who make 10 year applications please get your SAR files and check them thoroughly.

Stay blessed,

Markie22.

[vinny]

Congratulations!

[paulp]

Congratulations!!! Indeed Section 3C covers you till about 10 days after you get the refusal letter.

[sam_lam15]

congrats, Markie,

did you use any solicitor to help with your application or did you just apply it yourself?

[Markie22]

Sam,

I made the application on my own. I've sent you a PM.

Markie22

[sam_lam15]

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[paulp]

Sam, Section 3C only protects you till 10 days after your employer received the refusal letter. The home office are at fault for holding on to your passport for so long but that won't automatically make them disregard the overstay for ILR purposes.

I think you or your OISC representative should argue for compassionate circumstances, especially circumstances beyond your control, i.e. home office and university delay.

[sam_lam15]

hello paul,

do you think, in my case, I will get a better chance by using a solicitor (or OISC representative ), or should apply it by myself ?

I have got all the documents which are required by the SET(O), but just dont have enough confidence to go for it by myself, and people said since my case is not that straightforward, it might be wise to use a solicitor to argue the case!

what do you think ?