10 year ILR! Helps and advices are much appreciated!

[judezhou]

Hi Guys:

I would be most grateful if anyone can offer me advice on the matter below:

By the end of May 2012 I will be reaching my 10th year living in UK, and therefore i wish to make ILR. However i got question and concern over one of my gap during my past 10 years' living in the U.K. After my postgraduate studt in the U.K, I was under SEGS (Science and Engineering Graduate scheme) from 11/March, 2005 to 09/March, 2006. Instead of starting my career, I started a 3 three-year fully-funded PhD programme at a British University in November 2005 and the visa was therefore due for an extension in 09/March 2006. According to home office best practice at the time, all student visa extensions are suggested to be made by the university officials for monitoring and regulation purposes. As the result, the university made the application on behalf of me, and i handed in my appliation the university well before the deadline (But not sure when the university sent to the home office). I was told by the university official few days after my expire date that a case worker phoned them up and said that they could not switch my status from SEGS to student status in the U.K because I made a single travel to outside of U.K in June 2005 under the SEGS scheme. As a result of this, I was advised to travel back to my home country- China （left the U.k on the 29th March-20 days after the expire date) to make a fresh entrance clearance application, which subsequently was successfully obtained in 03/April, 2006. Because the case was entirely handled by the university, I therefore didn’t hold any written account of this incident from either side (the university and Home office). All the correspondence between me and the university was based on telephone, and therefore i do not have any evidence to back this up! i am now wondering:

If the period from 09/March 2006 to 29/March will be considered as a gap, which breaks continuous residence?

If the 3C leave can be granted to the period defined above?

Do i need to make a SAR request to ask HO to provide further information about this incident?

Your advices are very much appreicated

[2012]

Hi Guys:

I would be most grateful if anyone can offer me advice on the matter below:

By the end of May 2012 I will be reaching my 10th year living in UK, and therefore i wish to make ILR. However i got question and concern over one of my gap during my past 10 years' living in the U.K. After my postgraduate studt in the U.K, I was under SEGS (Science and Engineering Graduate scheme) from 11/March, 2005 to 09/March, 2006. Instead of starting my career, I started a 3 three-year fully-funded PhD programme at a British University in November 2005 and the visa was therefore due for an extension in 09/March 2006. According to home office best practice at the time, all student visa extensions are suggested to be made by the university officials for monitoring and regulation purposes. As the result, the university made the application on behalf of me, and i handed in my appliation the university well before the deadline (But not sure when the university sent to the home office). I was told by the university official few days after my expire date that a case worker phoned them up and said that they could not switch my status from SEGS to student status in the U.K because I made a single travel to outside of U.K in June 2005 under the SEGS scheme. As a result of this, I was advised to travel back to my home country- China （left the U.k on the 29th March-20 days after the expire date) to make a fresh entrance clearance application, which subsequently was successfully obtained in 03/April, 2006. Because the case was entirely handled by the university, I therefore didn’t hold any written account of this incident from either side (the university and Home office). All the correspondence between me and the university was based on telephone, and therefore i do not have any evidence to back this up! i am now wondering:

If the period from 09/March 2006 to 29/March will be considered as a gap, which breaks continuous residence?

If the 3C leave can be granted to the period defined above?

Do i need to make a SAR request to ask HO to provide further information about this incident?

Your advices are very much appreicated

1. There is a gap in u continuous residence.
2. According to your post, u visa was expired on the 09 March 2006 and u gave u documents to the university and suppose that they send it before the visa expiry date but due to the switching in u situation u had to leave the UK.
3. Now there is a gap in u residence and section 3C does not involve in this case as u application was not considered in the UK.
4. According to the Long Residence Rules, if u leave the UK with a valid leave and return with a valid leave in any category within 6 months but in u case that did not happen as wen u left the UK u did not have a valid leave.
5. U do not need any documents to prove anything cuz that was the rule for SEGS and it was u who travelled outside the UK and hence university and the HO were just following the rules and the procedures.
6. Neither university nor HO has made any mistake in this case (my opinion).
7. U can request SAR to check that university sent u application on time if u want but that wud not matter in u case u had to leave the UK after u visa was expired and hence the rule of the continuous residence is broken in u case.
8. I wait for others to suggest anything different to wat i have said.

[judezhou]

Hi 2012.

Many thanks for your reply and clear explaination. I do admit it is a gap, however it is unfair to say it is my mistake for not following the SEGS rule. If i was well informed about this rule, i certainly would not waste 400 pounds application fee + interantional flight and all sorts of hassle. The year i obtained SEGS is the first year the schme was luanched, so the rule was not very clear. Even the university doesn't know this, otherwise they would not make the application on behalf of me.

I just wonder whether this would be a justable case for the case worker to use discretion for short breaks in lawful residence.

[2012]

Hi 2012.

Many thanks for your reply and clear explaination. I do admit it is a gap, however it is unfair to say it is my mistake for not following the SEGS rule. If i was well informed about this rule, i certainly would not waste 400 pounds application fee + interantional flight and all sorts of hassle. The year i obtained SEGS is the first year the schme was luanched, so the rule was not very clear. Even the university doesn't know this, otherwise they would not make the application on behalf of me.

I just wonder whether this would be a justable case for the case worker to use discretion for short breaks in lawful residence.

1. Wat u said above is that "HO could not approve u application cuz u travel outside the UK" so u can not blame the uni as u travelled outside the UK.
2. Nither university nor you to be blame for this as both did not know about this rule at that time.
3. I am sorry but i am just going by the facts and the rules on the long residence.
4. If you think that was unfair then u shud seek legal advice in u situation.

[judezhou]

Hi 2012

Many thanks for your response.

1. what i said is that I made leave to remain before my expire date the 9th March, 2006. What i got the reply from HO is that they suggested me to travel back to home country to make a fresh entrance clearnce. It WAS NOT rejected!

2. My question is whether 3C leave can be applied to the period betwen 9th march to 29th March, as i did make an in-time application.

[2012]

Hi 2012

Many thanks for your response.

1. what i said is that I made leave to remain before my expire date the 9th March, 2006. What i got the reply from HO is that they suggested me to travel back to home country to make a fresh entrance clearnce. It WAS NOT rejected!

2. My question is whether 3C leave can be applied to the period betwen 9th march to 29th March, as i did make an in-time application.

1. 3C leave wud not be applicable in u case.

[vinny]

If the in-time application was not declared as invalid nor refused, then I believe 3C should have been in-force until you withdrew your application. Unfortunately, this may mean that you were not covered under 3C after you had withdrawn your application, before departing the UK.

[judezhou]

Hi vinny:
Many thanks for your more senible reply. HO and the university didn't provide me with any written confirmation about this. All the correspondence between me and the university was based on telephone. Now i am going to make a SRA request to see

1. If the university made a in-time application before 9th March
2. If the application was declared as invalid and when?Certainly i didn't withdraw it.

[2012]

If the in-time application was not declared as invalid nor refused, then I believe 3C should have been in-force until you withdrew your application. Unfortunately, this may mean that you were not covered under 3C after you had withdrawn your application, before departing the UK.

1. You are correct to suggest that but OP is under the impression that 3C was in force wen he left the UK after the visa expired and hence still continuous residence.
2. Under the long residence rules OP did not have a valid leave wen he left the UK and hence continuous resience is broken and 3C have no role in this particular situation.
3. I will be very surprised to see if OP comes back (after getting his SAR) saying that he had a 3C leave while he left the UK and he maintained the continuous residence.

[vinny]

2. If the application was declared as invalid and when?Certainly i didn't withdraw it.

If you had requested the return of your passport back for the purpose of travelling outside the UK, then they would have treated your application as withdrawn.

[2012]

Hi vinny:
Many thanks for your more senible reply. HO and the university didn't provide me with any written confirmation about this. All the correspondence between me and the university was based on telephone. Now i am going to make a SRA request to see


2. If the application was declared as invalid and when?Certainly i didn't withdraw it.

1. Even u did not withdraw it, it was returned to you cuz it cud not be considered in the UK.

[judezhou]

If the application made to leave to remain was withdrawn, will the period between the expire date-09th March to the date of withdraw covered as 3c leave??

[2012]

If the application made to leave to remain was withdrawn, will the period between the expire date-09th March to the date of withdraw covered as 3c leave??

1. Follow the link for the answer ( No.4 Withdrawl of application) the address at the top of the search page.

http://search.homeoffice.gov.uk/search? ... &Submit=Go