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Ilr appeal refused because of 14 days over stay

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Showket
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Posts: 1
Joined: Wed Jul 11, 2018 6:56 am
Bangladesh

Ilr appeal refused because of 14 days over stay

Post by Showket » Wed Jul 11, 2018 7:33 am

Hi respected admin and group member,
I am new in this forum.need a urgent help .my ilr appeal refused bcz of 14 day over stay.giving my immigration detail below
Came to uk 2007 January as student visa
2011 got psw visa till 2013 October.
Then applied as A student (my wife) dependent and visa granted till 2015 April.
2014 November my wife college revoked and got 60 days curtailed letter.
Applied as student dependent again on time but college revoked again in 1 month while visa processing.
Then my wife vary her application to flrfp which is refused on 22 October 2015.
This refused letter came to my solicitor on 25th October 2015.he was out of country that time..there was a receptionist who work there she by mistaken forgot to tell him .
When he came back on 2nd November we find out that.then on 7th November 2015I applied flro on my name.did not received home office response till 2016 May.by this time I called several time and send letter.they received the file on 24th May 2016.but I show them postal proof and other letter I send them.then I enrolled biometric and waiting for decision.
On 19 December 2016 I was qualified for ilr and vary my flro application to ilr Liverpool peo.
My ilr got refused on 24th May 2017 for out of time application bcz they received my flro application on 24th May 2016.
And they also mention that after 22th October 2015 I don’t have valid leave???
I got right to appeal and my appeal hearing was June 2018.
On my hearing day I showed judge all the proof that I send my flro application on 7th November 2015.judge accept this.
But refused me on 10 year lawfull residence.she saying that I don’t have valid leave from 22th October till 7th November and I am overstayed on those days.i told judge that I applied flro within 14 days of refusal and vary this application as homeoffice should disregard my 14 days overstay as 28 days grace period..as I waiting for the decision by this time I was eligible for the ilr.but judge is replied it does not change the fact that I am a overstayed......
Please help me on this situation
Thanks in advance
If you want my appeal hearing notice I can post it as well.

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marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Ilr appeal refused because of 14 days over stay

Post by marcnath » Wed Jul 11, 2018 2:45 pm

Unfortunately the decision seems to be correct. You did not have a fresh application within 14 days of 22nd October 2015.

Your legal leave ended on 22nd October when the flr-fp was refused.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

csv20
Newly Registered
Posts: 21
Joined: Mon Apr 30, 2018 9:18 pm
United States of America

Re: Ilr appeal refused because of 14 days over stay

Post by csv20 » Thu Jul 12, 2018 2:27 am

Hi Marcnath,
I thought he has 28 days grace period of overstaying since this happened prior to 2016 as the 14 days overstaying started in November 2016?

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Ilr appeal refused because of 14 days over stay

Post by vinny » Thu Jul 12, 2018 8:16 am

An overstay under 28 days prior to 24 November 2016 may be disregared if the subequent application was eventually successful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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