ILR 10 Years gap in start date of one of extension

[bb2012]

Hi,

May be someone could help and provide me some information.

I am gathering information on applying ILR 10 years route.

I just found my first entry clearance visa end date is 20/02/2005

I sent for extension before this expiry date and got extension, however the start date of extension is 08/04/2005

Now it looks like there is gap of about 1 and half month.

My question is this going to be a problem, should I be worry about this.

Kind Regards

[sheraz7]

No there is no gap as section 3C will cover that gap which is counted towards 10 years lawful residence.

[bb2012]

Hi sheraz7,

Thank you very much for your reply,

Could you please point me out to section 3c, so that I can read it.

Kind Regards

[sheraz7]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[bb2012]

Thank you very much.
Much appriciated

[bb2012]

Hi Gurus,

Could some one please provide some clarification on this, as I am confused.

My Situation: (1 day out of time application)
=======================================================================================================================
Visa Expiry date 20/02/2005
Applied for extension (Student Batch Scheme) on 21/02/2005
Got extension valid from 14/04/2005
SAR Report shows Application Raised Date 21/02/2005

As above it looks I have 1 day out of time application. Also the gap between visa expiry date and New Visa Valid from date is about
54 Days.
=======================================================================================================================
My question is do I cover under 3c for these 54 days.

I have gone through the guidance notes and have found some confusing information.

Information 1:
Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.
If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made.

Information 2:
it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted

Information 3:
An applicant has a single gap in their lawful residence due to submitting an application seventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.
Question
Would you grant the application in this case?
Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less.

=====================================================================================================================

I will be very thankful if some one could provide some clarification on above.

[bb2012]

Hi Gurus,

Could some one please provide some clarification on this, as I am confused.

My Situation: (1 day out of time application)
=======================================================================================================================
Visa Expiry date 20/02/2005
Applied for extension (Student Batch Scheme) on 21/02/2005
Got extension valid from 14/04/2005
SAR Report shows Application Raised Date 21/02/2005

As above it looks I have 1 day out of time application. Also the gap between visa expiry date and New Visa Valid from date is about
54 Days.
=======================================================================================================================
My question is do I cover under 3c for these 54 days.

I have gone through the guidance notes and have found some confusing information.

Information 1:
Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.
If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made.

Information 2:
it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted

Information 3:
An applicant has a single gap in their lawful residence due to submitting an application seventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.
Question
Would you grant the application in this case?
Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less.

=====================================================================================================================

I will be very thankful if some one could provide some clarification on above.

Anyone please Manci or Vinny, I will be very thankful to you.

[vinny]

No. You were not covered under section 3C as you were out of time.

However, as you applied within 28 days from your expiry of leave, this shouldn't affect your Long residence application (276B(v)).

[bb2012]

Hi Vinny,

Many thanks for your reply, much appreciated.

Could you please advise in this refusal case,
=========================================================================================================================
"kan31 wrote:
you are seeking indefinite leave to remain on the basis of having completed 10 years continuous lawful residence in the UK,it is noted in your immigration history that you entered the UK on 18 th October 2003.you then have lawful leave in the UK until 30 August 2004 .on 31 August you applied out of time for leave as a student ,however your application was rejected on 10 September as you failed to submit mandatory documentation.on 11 October 2004 you applied out of time for leave to remain as a student,however your application was rejected on 25 October 2004 due to fee issues.on 08 November 2004 you applied out of time for leave to remain as a student ,this time your application was successful and you were issued leave to remain on 11 December 2004 valid until 30 may 2005 .it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted.there for you did not have any valid leave in the UK BETWEEN 30 AUGUST 2004 WHEN YOUR LEAVE TO ENTER AS A STUDENT EXPIRED UNTIL 11 DECEMBER 2004 WHEN YOU WERE NEXT GRANTED LEAVE TO REMAIN IN THE UK,A PERIOD OF 102 DAYS.THERE FOR YOU HAVE NOT COMPLETED 10 YEARS CONTINUOUS LAWFUL RESIDENCE AND YOU DO NOT MEET THE REQUIREMENTS OF PARAGRAPH 276B(i)(a)
=========================================================================================================================

Could you please explain and confirm if I understood this refusal is valid because:
Out of time application was made on 11 October 2004 after refusal on 10 September 2004 (more than 28 days)

Kind Regards

[bb2012]

Hi Vinny,

Many thanks for your reply, much appreciated.

Could you please advise in this refusal case,
=========================================================================================================================
"kan31 wrote:
you are seeking indefinite leave to remain on the basis of having completed 10 years continuous lawful residence in the UK,it is noted in your immigration history that you entered the UK on 18 th October 2003.you then have lawful leave in the UK until 30 August 2004 .on 31 August you applied out of time for leave as a student ,however your application was rejected on 10 September as you failed to submit mandatory documentation.on 11 October 2004 you applied out of time for leave to remain as a student,however your application was rejected on 25 October 2004 due to fee issues.on 08 November 2004 you applied out of time for leave to remain as a student ,this time your application was successful and you were issued leave to remain on 11 December 2004 valid until 30 may 2005 .it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted.there for you did not have any valid leave in the UK BETWEEN 30 AUGUST 2004 WHEN YOUR LEAVE TO ENTER AS A STUDENT EXPIRED UNTIL 11 DECEMBER 2004 WHEN YOU WERE NEXT GRANTED LEAVE TO REMAIN IN THE UK,A PERIOD OF 102 DAYS.THERE FOR YOU HAVE NOT COMPLETED 10 YEARS CONTINUOUS LAWFUL RESIDENCE AND YOU DO NOT MEET THE REQUIREMENTS OF PARAGRAPH 276B(i)(a)
=========================================================================================================================

Could you please explain and confirm if I understood this refusal is valid because:
Out of time application was made on 11 October 2004 after refusal on 10 September 2004 (more than 28 days)

Kind Regards

Hi Vinny,

Can I email you scanned copies of my SAR report minutes pages (2 pages) regarding this extension, and If you could give me peace of mind after looking into SAR pages.

Also just want to mention, that in minutes notes it says "In Time" application even when it is 1 day out of time.

Kind Regards

[vinny]

If the minutes notes said that you were "In Time", then all is well and good. Don't argue with them about this. Section 3C would be applicable for in-time valid applications.

If you require more help, then see also Any good law firm recommendation?