10 year Long residency gap rules?

[ahz84]

Dear All,
I am filling as ILR SET (LR) under long residence ( 10 year) and have a query.

I came to UK in 2004 on student visa.
In early 2009 I applied for POST STUDY WORK visa which got rejected with the objection that a document was missing.
I however filled an appeal and won the case in court.

My student visa finished on 31st Jan 2009 ( I applied for Post Study Work before that.)
But got the rejection in March 2009. I did the appeal in court and won and was granted PSW visa in August 2009.

From Jan 2009 to August 2009, I was in UK.

I am currently filling the SET ( LR) form and there is a question:

D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave?

I am not sure should I say YES or NO to this question?


My question is:

a) from 31st Jan to August when I did not have the visa as the case was on - has this broken my legal 10 year stay in the country.
b) What will be my legal position as I was in the country and won the case, so technically the administration time it took was not due to my fault.


Please advice.

[riz1986]

During dat tym u were covered by section 3c so u hv accumulated leave to remain hence ur long residence is not broken.
U can happily put No.

[ahz84]

During dat tym u were covered by section 3c so u hv accumulated leave to remain hence ur long residence is not broken.
U can happily put No.

Thank you Riz, can you kindly send me the link to see the guidelines of 3c please.

thanks,

[riz1986]

See page 24

http://webarchive.nationalarchives.gov. ... iew=Binary

[Railady]

Hi.
I know some people still got refused even though their application was at the home office. I always thought that you are still lawful in the Uk while your application is at the home office even though during that time your visa has expired

[ahz84]

Hi.
I know some people still got refused even though their application was at the home office. I always thought that you are still lawful in the Uk while your application is at the home office even though during that time your visa has expired

Hi Sent an email to Home office, asking the same question- this is their reply.

Dear <<MY NAME>>,

If you won your appeal on the basis that the application should not have been rejected and you submitted your new application within 28 days of that determination then legal lawful residence will not be deemed to have been broken.

Regards

Settlement Operational Policy |
Immigration and Border Policy | Home Office |