ILR- 10 year route

[shikha0304]

Hi all, I came to the UK as a master's student in 2008 and then applied for post study visa in 2010-2012. In July 2012, I applied for my Phd which was accepted in the university for the the September intake. However, there was a delay in getting the CAS letter from the university and my visa expired on 12 October 12. Everything was progressing well until the was a delay in the producing the CAS letter. Asian thought I will apply in 28 day I overstayed my visa for 20 day. I have got all the follow up emails and even the proof that I was accepted in the September intake. Also I had anough funds for the fees as I knew I can apply from with in the UK. I turn received my CAS letter in January 13 and I came back to UK on 11 march 2013 on tier 4 for my Phd. I stayed on tier 4 until 1 November 2015 when I got sponsored by my employer for tier 2.
My questions are that:
* I complete my 10 year in September 2018, have been lawfully residing in the country and has had no issues immigration wise, does the overstaying in 2012-2013 be considered as broken and will it effect my application?

* Will the proofs that I have re the university delay be considered as an exceptional circumstances? when I came back in Mar 2013 and while going through the UK border personnel at the London airport said that I will have no problem re my overstay in future. One of the clause does say that 'In most cases, a period of overstaying will already have been considered and accepted by the caseworker who handled the previous leave to remain applications and so you must not reconsider this. If the migrant’s leave expired and was then followed by a subsequent grant of entry clearance, the reasons for the delay will not have been assessed, as this was not relevant to the entry clearance decision.'
But it confuses me when they say
“Breaks of leave in applications submitted after 24 November 2016
Applications submitted after this date may have a period of overstaying disregarded if the application is made:
• within 14 days of the applicant’s previous leave expiring and there is a good reason beyond their or their representative’s control, provided in or with the application, why the application could not be made in time
• within 14 days of:
o the refusal of the previous application for leave
o the expiry of any leave which has been extended by section 3C of the
Immigration Act 1971
o the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable)
o any administrative review or appeal being concluded, withdrawn or abandoned or lapsing
If there are good reasons beyond the applicant’s control which prevented them from applying in time, they must submit evidence of these with their application. All cases must be decided on their merits."

* Can anyone help me in this? I'm getting really stressed because of this.

[cyclina1]

Hi all, I came to the UK as a master's student in 2008 and then applied for post study visa in 2010-2012. In July 2012, I applied for my Phd which was accepted in the university for the the September intake. However, there was a delay in getting the CAS letter from the university and my visa expired on 12 October 12. Everything was progressing well until the was a delay in the producing the CAS letter. Asian thought I will apply in 28 day I overstayed my visa for 20 day. I have got all the follow up emails and even the proof that I was accepted in the September intake. Also I had anough funds for the fees as I knew I can apply from with in the UK. I turn received my CAS letter in January 13 and I came back to UK on 11 march 2013 on tier 4 for my Phd. I stayed on tier 4 until 1 November 2015 when I got sponsored by my employer for tier 2.
My questions are that:
* I complete my 10 year in September 2018, have been lawfully residing in the country and has had no issues immigration wise, does the overstaying in 2012-2013 be considered as broken and will it effect my application?

* Will the proofs that I have re the university delay be considered as an exceptional circumstances? when I came back in Mar 2013 and while going through the UK border personnel at the London airport said that I will have no problem re my overstay in future. One of the clause does say that 'In most cases, a period of overstaying will already have been considered and accepted by the caseworker who handled the previous leave to remain applications and so you must not reconsider this. If the migrant’s leave expired and was then followed by a subsequent grant of entry clearance, the reasons for the delay will not have been assessed, as this was not relevant to the entry clearance decision.'
But it confuses me when they say
“Breaks of leave in applications submitted after 24 November 2016
Applications submitted after this date may have a period of overstaying disregarded if the application is made:
• within 14 days of the applicant’s previous leave expiring and there is a good reason beyond their or their representative’s control, provided in or with the application, why the application could not be made in time
• within 14 days of:
o the refusal of the previous application for leave
o the expiry of any leave which has been extended by section 3C of the
Immigration Act 1971
o the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable)
o any administrative review or appeal being concluded, withdrawn or abandoned or lapsing
If there are good reasons beyond the applicant’s control which prevented them from applying in time, they must submit evidence of these with their application. All cases must be decided on their merits."

* Can anyone help me in this? I'm getting really stressed because of this.

In this case, you have break between your post-study visa and Tier 4 visa. As you your visa expired on oct 2012 and you put your tier 4 application for PHD on Jan 2013. There are 3 months break. Break can only be disregarded if you submit new IVSA application within 28 days after your previous visa expired. So your clock set to zero in 2013 and you can apply only in 2023 by 10 years route. or NOV 2020 by 5-year PBS route.

[virgotash]

Hi,
Your query is too lengthy. Please try to be concise as its hard to read lengthy storey. However, what I understood is as under:-

Student visa from 2008-2010
Post Study work Visa 2010 to 12/10/2012.
Then overstayed for 20 days while waiting for CAS letter and left UK first week of November 2012.
Got CAS letter 13/01/2013 and got Student visa and returned back to UK on 11/03/2013.

Later switch your visa to Tier 2. You are completing 10 years in September 2018 and want to know that you continuous residence leave remains intact.
I think its fine albeit you overstayed 20 days but also couldn't apply within 28 days as circumstances were not in your control.
Might be senior member shed any light especially CR001, Secret.Simon and Casa. They are always very helpful. Good luck