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Applicants for an extension of stay or ILR must not have overstayed by more than 28 days on the date of application. The 28 day period of overstaying is calculated from the latest of the:
end of the last period of leave to enter or remain granted
end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain.
H Shogun75, Does the SAR mention about the break in continuous residence? Or does it mention someting like "out of time by X days" ???Shogun75 wrote:
The HO granted student visa on the 10/10/2006. The Home Office archived obtained through SAR shows a copy of FLR(S) form received by them on the 20/07/2006, VALIDATED by charging team on 03/08/2006 and VALIDATED by Caseworker on 24/08/2006.
I never received any letter at any moment during the application process saying my application was INVALID. There is also no mention of INVALID anywhere on the copy of the archived FLR(S) form and no fees were ever refunded.
Hi ShoganShogun75 wrote:Can anyone or guru help on the following?
On 28/06/2006, I submitted FLR(S) in person at a PEO - This was rejected because University admission letter was more than 1 month old.
My visa expired on 30/06/2006.
On the 19/07/2006 I sent a postal application with a fresh University admission letter.
On the 03/08/2006, the HO returned my application because they couldn't take the payment and gave me 28 days to resubmit it otherwise the application will be invalidated. I resent the file with front & back copy of my Credit Card and the payment was collected on the 07/08/2006.
On the 24/08/2006, the HO returned my application again, because they could not read "Start & End Day" of my University Course on my supporting documents (a lot of them!!). They gave me 28 days to resubmit it otherwise the application will be invalidated. I resent the file on the 25/08/2006 pointing out the reference of my University letter "Start & End Day". The University is DFES recognised and within Top 20 of UK League Table.
The HO granted student visa on the 10/10/2006. The Home Office archived obtained through SAR shows a copy of FLR(S) form received by them on the 20/07/2006, VALIDATED by charging team on 03/08/2006 and VALIDATED by Caseworker on 24/08/2006.
I never received any letter at any moment during the application process saying my application was INVALID. There is also no mention of INVALID anywhere on the copy of the archived FLR(S) form and no fees were ever refunded.
Now the HO is refusing my 10-years ILR because they said I've got a single gap between the 30/06/2006 and 10/10/2006. Is that correct? Has anyone experienced something like that? I submitted the 10 years ILR on 18/06/2013 as a variation of a Tier 1 (General) Appeal.
Hi ajek01,ajek01 wrote:Hi ShoganShogun75 wrote:Can anyone or guru help on the following?
On 28/06/2006, I submitted FLR(S) in person at a PEO - This was rejected because University admission letter was more than 1 month old.
My visa expired on 30/06/2006.
On the 19/07/2006 I sent a postal application with a fresh University admission letter.
On the 03/08/2006, the HO returned my application because they couldn't take the payment and gave me 28 days to resubmit it otherwise the application will be invalidated. I resent the file with front & back copy of my Credit Card and the payment was collected on the 07/08/2006.
On the 24/08/2006, the HO returned my application again, because they could not read "Start & End Day" of my University Course on my supporting documents (a lot of them!!). They gave me 28 days to resubmit it otherwise the application will be invalidated. I resent the file on the 25/08/2006 pointing out the reference of my University letter "Start & End Day". The University is DFES recognised and within Top 20 of UK League Table.
The HO granted student visa on the 10/10/2006. The Home Office archived obtained through SAR shows a copy of FLR(S) form received by them on the 20/07/2006, VALIDATED by charging team on 03/08/2006 and VALIDATED by Caseworker on 24/08/2006.
I never received any letter at any moment during the application process saying my application was INVALID. There is also no mention of INVALID anywhere on the copy of the archived FLR(S) form and no fees were ever refunded.
Now the HO is refusing my 10-years ILR because they said I've got a single gap between the 30/06/2006 and 10/10/2006. Is that correct? Has anyone experienced something like that? I submitted the 10 years ILR on 18/06/2013 as a variation of a Tier 1 (General) Appeal.
Did HO return all documents back on the 03/08/2006? Or they had just asked the missing docs to resubmit?
Same question for 24/08/2006 refusal? - did HO return all docs back, and so you had to resubmit all docs on 25/08/2006?
Because if HO takes 03/08 or the 24/08 application as new application and not the continuation of 17/07 application, then they may be right saying out of time by more than 28 days.
In other words, 17/07 application was out of time by 17 days ( which is within 28 days). But since you resubmitted all docs on the 03/08, HO took that application as a new application and that application was out of date by 34 days.
Important point is whether the 03/08 application was a continuation of 17/07 application...
Ajek,ajek01 wrote:Hi shogan
I suppose, there is another way to know, if 03/08 was a continuation of 17/07 ( correct me, if I am wrong).
When you applied on 03/08, you had received an acknowledgement letter? If the reference number on 03/08 application is same as the previous application's (17/07) reference number...this may suggest a continuation
Ajek
They never sent me any letter of invalid application.tsl wrote:do u have the letter when they first send u the letter of invalid application
I've requested a SAR again and received it a couple days ago. The situation is very annoying because the Data Unit wrote to me that: "Although, they are aware of the existence of the records related to that period on the Home Office databases, they made all "reasonable" efforts to retrieve them but were unable to do so and therefore they consider those records as "lost"...ann771 wrote:
Hi Vinny, I have been following this post. The situation is very confusing and I am afraid but your reply has added a bit more confusion. I thought since Shogun applied within 28 days, he gets covered under 34C, but why did the HO refuse his ILR application based on continuity break?
Thanks
Ann
woaaah!!!vinny wrote:The application on 19/07/2006 was probably valid due to The Immigration and Nationality (Cost Recovery Fees) Regulations 2007) and The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006.