Long Residence (LR) continuity

[Mfahadhussain]

Hi every one
I am new to this form and need some help.
Got a refusal of Tier1(Entrepreneur) on 24 July 2017 where previous leave expired on 15 Januay 2017 so in time application extended by Sec 3C.

Instead of Administrative Review we made the fresh application of SET(O) on 04 August 2017 for which fee was taken in a week and received the acknowledgement letter, Biometric letter, S120 and Certification of Out of country appeal.

Also received the email frim HO saying that we have received your application and will decide it in 6 month (something like this)

My question is, is my continuity breaked or it will continue as i made fresh application witin 10 days of refusal.

Will this have any effect on my SET(LR) as mam completing my 10 yeas in January.
All previous history is clear.

Thanks very muchin advance for your replies.

[Abc499]

Instead of Administrative Review we made the fresh application of SET(O) on 04 August 2017

I believe SET (O) itself is a settlement application, so if this is successful then you do not need any more application (SET-LR). If any negative decision made on your existing application then your continuous residency will break. If no decision made by January then you may be able to vary this to SET-LR if you wish.

What I understand in your case (out of time application) is that, any subsequent refusal will break your continuous residency. So your SET-O need to be successful or need to be pending till you vary for SET-LR.

[Mfahadhussain]

Thanks for your reply. SET(O) is not out of time. On Tier 1 Refusal i was on 3C so instead of going for Admin review we applied Set(O) so we can buy some time. Here question is , is my continuity break?
Because i read somewhere that on 3C you can't make fresh application.
Just want to know that after applying SET(O) is my this time still be calculated while it's pending with home office. Hope you got my point.
Thanks again

[Abc499]

If you do not have valid leave on the day you made an application is an out of date application. Hence your SET (O) too though you made within 14 days. Your continuous residency will break if you get negative outcome on this application.

I understand your point but your continuous residency will break if you get negative outcome on SET-O (but positive outcome will make the leave valid from the day you made the application), and you will not be eligible for SET-LR if you get negative outcome before January. So if you think there is no chance to get positive outcome from current SET(O) application then only way that your continuous residency will continue if you do not get any decision before January and vary to SET-LR in January.

when an application made within 14 days (out of time) if the application is successful then only your continuous residency will continue.

[Mfahadhussain]

Ok ,,, i got it now
Do you think they will decide the application within 4 months. I got EC on 1 feb 08 so can i apply 5 jjan 18 (28days before). I mean if i vary to SET(LR) will it be ok for me.
Thank you

[morning_grays]

To buy the time you could have submitted AR on the very last day and then after the conclusion of AR you would have still 14 days to submit another application.