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zinao wrote: ↑Sun Sep 16, 2018 10:52 pmOh my goodness
I was about to fill my application to beat Brexit
I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?
cyclina1 wrote: ↑Fri Sep 14, 2018 5:07 pmRead this -
https://assets.publishing.service.gov.u ... e-v8_0.pdf
An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.
And you are similar to Example 3, but you just not pay your application -
Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.
Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.
ILR immigration rules and Citizenship LAWS are different, separate and independent of each other. What might be acceptable for ILR (period of overstay) will not necessarily be acceptable for citizenship and meeting the good character requirement.I do not see how the HO would go back and start rehashing something that already has been decided in court.