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ILR overstay before 2012

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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oroborpat007
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Posts: 35
Joined: Thu Jan 23, 2014 10:21 pm

ILR overstay before 2012

Post by oroborpat007 » Sat Apr 12, 2014 12:44 am

If someone came to the UK in 2003 and before 9 July 2012 (i.e creation of 28 day overstay rule) he/she once overstayed for more than 28 days (after loosing an appeal but was granted after reconsideration) will the person's ILR application be hindered?

I hope that it will not be hindered because a law should not affect something that happened before it (the law) was established.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Re: ILR overstay before 2012

Post by John » Sat Apr 12, 2014 8:17 am

Explain more about "after loosing an appeal but was granted after reconsideration". What exactly happened?

So an application was made, and it was rejected. Then an appeal was submitted, within the time allowed for submitting appeals, and then the appeal was lost, so why was the application reconsidered?

I ask because it is possible that there has been no overstay period at all, because of Section 3C and possibly 3D.
John

oroborpat007
Newbie
Posts: 35
Joined: Thu Jan 23, 2014 10:21 pm

Re: ILR overstay before 2012

Post by oroborpat007 » Sat Apr 12, 2014 11:55 am

Good question. When the judge dismissed the appeal, the judge advised HO to grant the visa (on compassionate grounds) and HO reconsidered and granted the visa in the end.

It is rare but before 2006 HO sometimes reconsidered.

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