Dec17 wrote:Hello Guys just a quick Query.....this is my whole history
* immigration history from my previous SET( LR ) REFUSAL(APPLIED 08/10/2013 GOT REFUSED 07/03/2014)
entered UK 18/10/2003 with entry clearance as a student.were granted leave to enter until visa expired on 30/08/ 2004.
* on 31/08/2004 you applied for leave to remain as a student your application.your application was rejected on 10/09/204 as you failed to submit mandatory documentation.on 11/10/2004 the application applied for leave to remain as a student .your application was rejected on 25/10/2004 for fee issues.on 08/11/2004 you you applied for leave to remain as a student .you were granted leave to remain on 11/12/2004 valid until 30/05/2005.
* on 17/05/2005 you applied for leave to remain as a student .you were granted leave to remain on 03/06/2005 valid until 30/06/2006.
* on 05/05/2006 you applied for leave to remain as a student you were granted leave to remain on 21/07/2006 valid until 30/11/2007.
@dec,mate honestly your case seems to be one of the real complex case and wait for the real experts to comment as i find myself unable to answer your query.
* on 20/11/2007 you applied for leave to remain as a student your application was rejected on 05/12/2007 as you failed to submit mandatory document.on 10/12/2007 you applied for leave to remain as a student .you were granted leave to remain on 21/01/2008 valid until 30/06 /2011.
*on 10/12/2007 you were included as a dependant on your partners tier 4 application you were refused leave to remain with no rights of appeal on 31/05/2011 because you have valid leave to remain until 30/06/2011.
* on 28/06/2011 you applied for leave to remain as a tier 4 student .your application was refused with right of appeal on 15/08/2011,on 30/08/2011 you lodged an appeal against the application ,your appeal was heard and dismissed at the first tier on 03/10/2011,you were latter refused permission to appeal to the first tier on 20/10/2011.your appeal rights were exhausted on 01/11/2011.
* on 01/11/2011 you applied for indefinite leave to remain for reasons outside of the immigration rules.on 06/01/2012 you were refused ILR how ever it was decided to grant you D L R valid until 05/01/2015.
* on 08/10/2013 you lodged this application for ILR based on your length of residence in UK this application has now considered.
consideration has been given to your application on the basic of the above rules. you are seeking ILR on the basis of having completed 10 years continuous lawful residence in the UK.its noted in your immigration history that you entered the UK 18/10/2003 you then had lawful leave in UK until 30/08/2004.on 31/08/2004 you applied out time for leave to remain as a student application how ever your application was rejected 10/09/2004 as you failed to submit mandatory documentation.on 11/10/2004 you applied out time application leave to remain as a student however your application was reject on 25/10/2004 due to fee issues .on 08/11/2004 you applied out time application for student this time your application was successful and you were issued leave to remain on 11/12/2004 valid until 30/05/2005/it must be pointed out that any time spent following the submission of an out time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted. therefore you did not have any valid leave in the UK between 30/08/2004 when your leave to enter as a student expired until 11/12/2004 when you were next granted leave to remain in the UK ,a period of 102 days.there for you have not completed 10 years continuous lawful residence and you do not meet the requirements of paragraph 276B (i)(a) for the reasons outlined above you application for ILR on the grounds of long long residence is refuse as you have failed to meet the requirements of then immigration rules under the paragraph 276 D with reference of paragraph 276B(i)(a)of HC395 (AS AMENDED).
you are not entitle to appeal this decision,you still have leave to remain where your current condition continue to apply until 05/01/2015.
my solicitor apply for reconsideration request against the refusal under 28 days rule must be imposed in my case on 04/04/2014 till now i don't get any replay .
now i made new SET (LR) APPLICATION my time line
application sent - 17/12/2014
acknowledgement - 27/12/2014
bio invitation - 31/12/2014
bio enrolled - 31/12/2014
decision - not yet
now my questions are?
1)according to home office my case is now straight forward or not ?
2)can home office come up with new points to refuse my ILR application ?(ACCORDING TO PREVIOUS REFUSAL THEY ONLY MENTION 2003 TO 2004 PART I HAD GAP NO OTHER REASONS MENTION THERE SO ACCORDING TO THEM FROM 11 th DECEMBER 2004 TO 11 th DECEMBER 2014 MY 10 YEARS CONTINUES PERIOD COUNTS)
3)STILL THEY CONSIDER MY reconsideration request while my new application there ?
could anyone please answer my question am really appreciate some on answer this .
thank you .
