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Calculating the date the period of overstaying begins
You must calculate the date on which the period of overstaying begins based on the last day
of the migrant’s latest grant of leave to enter or remain, or when leave under section 3C or
3D ended. You must take into account any variation on the duration of leave, such as a
curtailment decision.
The first day of the 28 day period begins on the first day after the day the migrant’s leave
has expired. This is unless the migrant has submitted an in-time application which has not
been decided before their leave expires. If the migrant did make an in-time application, one
of the following will apply:
If the application is subsequently refused, the migrant’s leave will have been extended
by virtue of section 3C of the Immigration Act 1971 while:
o An in-time appeal could be brought (section 3C(2)(b)). The extension of leave during
the period that an appeal could be brought does not rely on the individual exercising
their right of appeal. If no appeal is brought the extension of leave ends at the same
time as the deadline for raising an in-time appeal.
o An appeal against that decision is pending (section 3C(2)(c)). If an appeal is brought
the leave is extended during any period that the appeal is pending, ending when it is
finally determined, withdrawn or abandoned. It is also pending during the period that
an application for permission to make an onward appeal to the Upper Tribunal or to
the relevant appellate court, as specified by the Upper Tribunal, for instance the
Court of Appeal in England and Wales, the Court of Session in Scotland or the Court
of Appeal in Northern Ireland, could be made or is awaiting a decision.
excellent link. Thankssheraz7 wrote:Answer # 1 is correct as there is no gap. Read the underlined instruction at below:
Calculating the date the period of overstaying begins
Calculating the date the period of overstaying begins
You must calculate the date on which the period of overstaying begins based on the last day
of the migrant’s latest grant of leave to enter or remain, or when leave under section 3C or
3D ended. You must take into account any variation on the duration of leave, such as a
curtailment decision.
The first day of the 28 day period begins on the first day after the day the migrant’s leave
has expired. This is unless the migrant has submitted an in-time application which has not
been decided before their leave expires. If the migrant did make an in-time application, one
of the following will apply:
If the application is subsequently refused, the migrant’s leave will have been extended
by virtue of section 3C of the Immigration Act 1971 while:
o An in-time appeal could be brought (section 3C(2)(b)). The extension of leave during
the period that an appeal could be brought does not rely on the individual exercising
their right of appeal. If no appeal is brought the extension of leave ends at the same
time as the deadline for raising an in-time appeal.
o An appeal against that decision is pending (section 3C(2)(c)). If an appeal is brought
the leave is extended during any period that the appeal is pending, ending when it is
finally determined, withdrawn or abandoned. It is also pending during the period that
an application for permission to make an onward appeal to the Upper Tribunal or to
the relevant appellate court, as specified by the Upper Tribunal, for instance the
Court of Appeal in England and Wales, the Court of Session in Scotland or the Court
of Appeal in Northern Ireland, could be made or is awaiting a decision.
From and including: Thursday, September 26, 2013
To, but not including Wednesday, October 16, 2013
Result: 20 days
hi AmberAmber_ wrote:The extension of leave still ended, however, it's immaterial as a new application was made within 28 days of an in time decision.
hi guys i have a similar situationAmber_ wrote:No, the 28 day rule will apply.
no your situation is not same, its different because 1st time your application returned invalid and 2nd time your application refused. But i do not know that how many times this 28 days exemption applies but it certainly applies in one time where application return invalid/refuse.Bigboy86 wrote:hi guys i have a similar situationAmber_ wrote:No, the 28 day rule will apply.
During my long residency i once had this situation, please help me to figure out if this will be counted as a breakdown period or not
I had a Tier 4 visa
From 04/03/2008 to 30/06/2009
i applied before my visa expired as a tier 4 in 2009
AND
home office sent me a letter saying that the card number i provided didnt go through and asked me to resubmit the application with the correct fee. The mistake i made there was i sent the bank statement which didn't have enough money init and home office refused my application and gave me 2 option either i appeal within 28 days or i leave within 28 days.
I then went to my solicitor and he advised me to resubmit the fresh application which i did within those 28 days and got tier 4 visa granted
From 01/07/2009 to 01/10/2009 (took 3 months of all this process before they issued me the visa starting from 01/10/2009)
My question is that within all this happening in 3 months was i ever over stayed or broke my long residency.
can anyone please tell me if i am in trouble
cool mind wrote:no your situation is not same, its different because 1st time your application returned invalid and 2nd time your application refused. But i do not know that how many times this 28 days exemption applies but it certainly applies in one time where application return invalid/refuse.Bigboy86 wrote:hi guys i have a similar situationAmber_ wrote:No, the 28 day rule will apply.
During my long residency i once had this situation, please help me to figure out if this will be counted as a breakdown period or not
I had a Tier 4 visa
From 04/03/2008 to 30/06/2009
i applied before my visa expired as a tier 4 in 2009
AND
home office sent me a letter saying that the card number i provided didnt go through and asked me to resubmit the application with the correct fee. The mistake i made there was i sent the bank statement which didn't have enough money init and home office refused my application and gave me 2 option either i appeal within 28 days or i leave within 28 days.
I then went to my solicitor and he advised me to resubmit the fresh application which i did within those 28 days and got tier 4 visa granted
From 01/07/2009 to 01/10/2009 (took 3 months of all this process before they issued me the visa starting from 01/10/2009)
My question is that within all this happening in 3 months was i ever over stayed or broke my long residency.
can anyone please tell me if i am in trouble
Zee ali wrote:hi
@Bigboy86
I think u have a Gap and break in your LR.
Gap up to 28 days will be disregarded. but when it's more than that. than u should consult a very good solicitor to fight your case and
than it's HO discretion whether to consider the gap or use their discretion.
Regards