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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Do u mean i don't have any breakdown in my long residency even though i applied as a fresh applicationaskmeplz82 wrote:NO
HIBigboy86 wrote:hi guys my situation is as follows
i entered in this country on 10th september 2004.
upto 30 june2009 i was always granted visa without any problem
i applied for an extension on 28th june 2009
on 20th july i received letter and all my documents back from the HO saying that my application is invalid (BECAUSE THE FEE WASNT GONE THROUGH BY THE CARD DETAILS I PROVIDED) and if i wish to make an application, i must return fully completed application with the appropriate fee
i panicked and sent the new application form with correct fee BUT with wrong statement which didn't have enough money and
on 17th august 2009 i received a letter from HO saying that because i didn't meet the 10 points for the funds available, "i odnot satisfy the requirement of the immigration rules and it has been decided to refuse my application"
they also said that
""""in making this decision to refuse my application careful consideration has been given to the following
on 03/09/2004 granted leave to enter UK as a student until 31/10/2006
on 30/01/2007' granted leave to remain in UK as a student until 31/01/2008
on 04/03/2008 granted leave to remain in UK as a student until 30/06/2009
on 17/08/2009 my application as leave to remain in Uk as a student was refused""""
when i got this letter on 17th august 2009 they told me that my documents has to been sent to local enforcement office and i have unto 02/09/2009 to call them and tell them when i am leaving the country. they didn't give me any chance of appeal but they did say that
"""alternatively if i wish to make another application on any category then i must do so with right form and fees but didn't say until when i have time to do that.
i then went to the solicitor and submitted the new application with correct fee and correct bank statement on 20th august 2009, i then i got visa granted on 01 october 2009 until 2012.
MY QUESTION IS THAT DURING ALL THIS PERIOD WAS I EVER STAYING AS ILLEGAL, WAS ANY OF THIS PERIOD WILL BE COUNTED AS GAP TOWARDS THA APPLICATION ON MY LR.
PLEASE PLEASE PLEASE HELP AS I DONT KNOW WHAT TO DO .
Amber_ wrote:When you applied for the extension again in July 2009, did you have valid leave?
Thanks AmberAmber_ wrote:You may be able to rebut what Zee Ali (and the Home Office may) states if you can sow that your application shouldn't have been declared invalid for reason of failed payment alone. Otherwise, your continuous lawful residence has been broken and your application will fail.
Do not keep posting this question everywhere.
Amber_ wrote:You may be able to rebut what Zee Ali (and the Home Office may) states if you can sow that your application shouldn't have been declared invalid for reason of failed payment alone. Otherwise, your continuous lawful residence has been broken and your application will fail.
Do not keep posting this question everywhere.
Hisagareva wrote:please do not start duplicate topics with the same question
like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days
everything else was not a gap at all
HiBigboy86 wrote:Hisagareva wrote:please do not start duplicate topics with the same question
like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days
everything else was not a gap at all
Sagareva thanks very much for your reply and i am sorry again repostong it
My only worry is the answer from zee above which is completely different from yours i hope you understand as at this moment i dont know which answer to hounor
Zee ali wrote:HiBigboy86 wrote:Hisagareva wrote:please do not start duplicate topics with the same question
like i said in your other topic, you are fin e-- you applied within 28 days from refusal,. which is currently allowed. they disregard gaps under 28 days
everything else was not a gap at all
Sagareva thanks very much for your reply and i am sorry again repostong it
My only worry is the answer from zee above which is completely different from yours i hope you understand as at this moment i dont know which answer to hounor
Request a copy of your SAR. To clarify any doubts in your mind.
Senior Moderator Amber also said the same which i did.
I don't know on what basis @Sagareva saying u will be fine.
He should consider the fact when u apply 2nd time u didn't have valid leave. and your application was refused with no right of
appeal. (if your 2nd application was successful than u have no issue).
But u got visa when u applied 3rd time and u also mention that HO forward your passport to enforcement team.
So u became basically over stayer when u was refused 2nd time.
Regards
Zee ali wrote:Hi
Sar will take 8 to 9 weeks to come
https://www.gov.uk/government/uploads/s ... 23/sar.pdf
Here is the form. dont forget to attach 10 pound cheque
In acknowledgement letter which u will receive in 3 weeks after applying they will say that they will take 40 days to send u your data
under data protection act.
Yes u can raise Article 8 point during your application flr fp and even on set lr appeal if refuse
regards
sagareva wrote:hm
i stand corrected to what i previously wrote
it does look like, from this description in more detail, that there might have been a gap, if indeed there was first invalid application, and then a refused out of time application. i did not fully understand the details.
BUT
if things were as such, then how come his subsequent application in September was granted? this makes no sense. it should not have been granted.
perhaps some details here are missing. SAR is a very good idea.
but generally if they granted the third application at the time, it may have served to legitimize the whole thing, whatever happened with the invalid payment application. plus, since 2009 there has been A LOT of court cases revolving around people with the same problem (invalid payments) and generally i think the current position is that chance should be given to correct that.
I'd be very comfortable arguing that under the summary of all these circumstances our friend's legality was restored, on the premise that the instance with invalid payment form was not a refusal at all and continued a 3c leave (as think think is accepted now, more or less, even if it wasnt in 2009)
Hisagareva wrote:hm
i stand corrected to what i previously wrote
it does look like, from this description in more detail, that there might have been a gap, if indeed there was first invalid application, and then a refused out of time application. i did not fully understand the details.
BUT
if things were as such, then how come his subsequent application in September was granted? this makes no sense. it should not have been granted.
perhaps some details here are missing. SAR is a very good idea.
but generally if they granted the third application at the time, it may have served to legitimize the whole thing, whatever happened with the invalid payment application. plus, since 2009 there has been A LOT of court cases revolving around people with the same problem (invalid payments) and generally i think the current position is that chance should be given to correct that.
I'd be very comfortable arguing that under the summary of all these circumstances our friend's legality was restored, on the premise that the instance with invalid payment form was not a refusal at all and continued a 3c leave (as think think is accepted now, more or less, even if it wasnt in 2009)