ILR - Do I qualify or there is a break?

[yogeeta75]

My Case - Do I qualify for 10 yrs or there is a break Oct 10- Dec 10?


Entered in UK 14 July 2006

Sep 06- Oct 09 BA Business Management
Sep 09 - Oct 10 ACCA Level 2
Oct-10 Sent Tier 4 Ext, returned being invalid
Oct 10 -Dec 10 WILL that be considered as overstay??break in 10 yrs??
Dec-10 Sent Tier 4 Ext, returned on 14 Feb 2011
Feb 11 - 19 Sep 12 BA Business Coaching

Sep 12 - College revoked - got 60 days

Dec-12 Applied within the 60 days Tier 4 ext for Level 7 Strategic management
Documents was still with UKBA till June 13

Jun-13 Sent Tier 2 General
July 2013 - July 2016 on Tier2G


Please any help and clarification will be highly appreciated.
Many thanks

[sheraz7]

You should order the SAR file from UKBA in order to know your immigration history in their records.

[yogeeta75]

Do you have any link?or where to get form from?

Thanks
Regards

[sheraz7]

Do you have any link?or where to get form from?

Thanks
Regards

http://www.google.co.uk/url?q=https://w ... v2G2hh4yyw

[yogeeta75]

Hi everybody,

Please refer to the above breakdown for detailed case dates.

Got SAR report yesterday. On ukba system its says 17 sept 2010 tier 4 invalid ( because there was no cas number submitted. They agreed that they didnt supply the CAS number to the college on time thats why they has granted the out of time Tier 4 application which was submitted on the 10th Dec 2010 - its written in their notes).

10 Dec 2010 new Tier 4 submission.But it does not say how they dealt with that in between period. My guess i know i had my passport returned on 17 Sept 2010 and hence now overstaying.

1)So does that mean there is a break in the 10 years residency?
2)I have my husband who as well was on Tier 4 dependent and now on Tier 2 dependent - is he not eligible as well?
3)One more doubt - I have applied on the 13th July 2005 - was refused - appealed - appeal won on 07/03/2006 - Vignette/Visa issued on the 29/04/2006 and landed in UK ON 14 July 2006. When does my clock starts for 10 years?

Many thanks all.
Yogeeta

[yogeeta75]

Can anybody please clarify?

Many Thanks

[yogeeta75]

Please anybody can help - AMBER, VINNY?

[vinny]

Qualifying period for Long Residence starts when one initially entered the UK.
Overstaying for longer than 28 days is normally considered a break.

[yogeeta75]

Thanks for your reply Vinny. Yes I agree with the bit you said about overstaying and hence there is a break.
But in the SAR it doesn't mention anything about overstaying as it was HO mistake.

[yogeeta75]

Hi,

I am currently on Tier 2G issued on July 2013.However I am eligible to apply ILR April 2016 under 10 years.

Problem is when I renewed my visa in 2010 under Tier 4 that time I applied on 17 Sept 2010 but was returned to me as invalid on the 13 Oct 2010 because the college didn't provide me the CAS number due to problem happening from HO end. I resubmitted on 13 Dec 2010 and was granted Tier 4 on 11 Feb 2011.

I have requested SAR and it doesnt mention anything about overstaying for this period. There was a note in the file as" Caseworker to note - please consider the issue of the delay in providing a CAS reference before making the decision".

Question is :
1) can i apply for ILR in April 16
2) will the above be considered as a gap?
3) If I apply for IRL and get refused due to the above what happens to the Tier 2 status?Can I continue with the Tier 2 work?


Can the moderators please advise?
Thank you

[yogeeta75]

Please anybody can help?@vinny@ amber@ sushmedha

[geriatrix]

Vinny had already answered your question 9 months ago!

You were an overstayer between 14-Oct-10 and 13-Dec-10, if not until 10-Feb-11. That an out-of-time application was subsequently granted doesn't make the illegal stay legal.
Just because SAR doesn't mention that you were an overstayer doesn't mean that you were not an overstayer!

If you do choose to apply for settlement under 10 year route and are refused, your Tier 2 leave will continue as it is.

[secret.simon]

@SushDMehta,

While she was an overstayer, as the circumstances were outside her control, could she apply for ILR and plead for discretion to be exercised?

Obviously it means that the ILR is not by the Rules and hence not certain, but still worth applying for.

[Ditima98]

# sushdmehta

In reference to your feedback to OP above, what do you think would be her chances had she applied within 28 days after 13th Oct 2010-was she going to stand a better chance of success with her ILR bid, bearing in mind your statement, ‘out-of-time application subsequently granted doesn't make the illegal stay legal’?

I have posed this question because I am in a similar situation to OP's. My application was invalidated and HO have refused to rescind the decision (withdraw invalidity decision), despite my Solicitor’s letters requesting them to do so. The invalidity decision was slapped on us after my dependent’s bios failed to scan at the Post Office on fourth time of asking. I’m actually in a dilemma, Solicitor says we go for a Judicial Review, he has actually again written to them to say if they do not reverse the decision within 14 days, we will have no option, but take the case for JR. On the other hand I am remaining with few days before the 28 days elapses from the date of invalid letter. My mind is for submission of a fresh application but Solicitor suggests JR.

So what would you suggest, go for the path of JR or do I stand a chance of success with ILR (have 5 months more to ILR) should I ignore Solicitors JR talk by submitting a fresh application before it’s too late?

Please, any feedback from any member of this great forum would be greatly appreciated.

Regards,

[geriatrix]

secret.simon,
The OP may choose to do what he/she thinks is right for him/her. If it can be proved beyond doubt that HO only was at fault in late issuance of CAS thereby making it impossible for the educational institution to issue CAS to OP for him/her to then make an application with CAS included, then the chances of success maybe almost certain. The question is will the caseworker handling the ILR application have the background information to arrive at such a conclusion or to determine who all were at fault or in absence will the caseworker be interested in doing the groundwork to get to the bottom of it or will the caseworker just take the easy route and refuse the application based gaps in application dates that he sees in front of him. IMHO, this case has more to do with fact finding than discretion, so OP has more chances of success in front of a judge than a HO caseworker, provided it was all HO's fault.

Ditima98,
I stand to be corrected but it does appear from 276B(v) that if an out-of-time application made within 28 days of becoming an overstayer is approved then the entire period of such overstay (i.e. - from date of refusal to date of new grant) is ignored for the purpose of settlement under long residency.

Unfortunately for the OP, the application on 13-Dec. was not within the 28 days period and so 276B(v) doesn't help. Hence my comment to the OP regarding "illegal stay not becoming legal".