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HiDantean wrote:I am preparing for an ILR application based on 10 years Long Residence, starting with a tourist visa visit in 2006. I requested a SAR and it brought to light 2 areas of concern with applications for visas which had been rejected, one in 2008 and one in 2010. The one in 2010 is fairly straightforward and I think won't be a problem, but the one in 2008 was rejected twice. I searched extensively through the boards but couldn't find anyone's experience which matched closely.
Here is a timeline of the 2008 applications:
28/04/2008 Application Raised, Student LTR, Form FLR(S)
30/04/2008 Expiration of existing student visa
21/05/2008 REJECT (Invalid, in time. Applicant has failed to attend her biometric appointment)
30/05/2008 Application Raised (9 days after reject dispatched), Resubmitted
24/06/2008 REJECT (Applicant did not complete new application form. Therefore application is invalid.)
01/07/2008 Application Raised (7 days after reject dispatched), Resubmitted
30/07/2008 GRANT L.T.R.
The 2010 rejected application:
24/08/2010 Application Raised, T4 General Student LTR
31/08/2010 Expiration of existing student visa
09/09/2010 REJECT (Rejected as not complete - mandatory section on application form L17)
24/09/2010 Application Raised (15 days after rejection)
22/10/2010 GRANT L.T.R. (Valid out of time LTR 31/08/2010 raised date 24/09/2010)
It seems to me the 2010 application is ok because of Immigration Rules Part 7, 276B (v) "…and any period of overstaying pending the determination of an application made within that 28 day period." But since the 2008 application was rejected twice, it's not clear to me that this applies.
Can someone offer an opinion, or share experience with a similar set of circumstances where an application was rejected twice (but with each resubmission made well within 28 days of notice of rejection)?
Thanks.
The answers to the questions are:sushdmehta wrote:Was the intention to not submit biometrics premeditated for some reason?
Did UKV&I send reminder(s) to the applicant to submit biometrics, if that was the procedure then? But the OP "chose" not to submit biometrics even then?
Was there a genuine reason for not submitting biometrics?
The second day of the date of postage of refusal letter which was posted 21 May 2008, would be 23 May 2008. So the period of overstaying (assuming law existed) would be from 23 May 2008 to 30 June 2008 (the day before the submission of the successful application), which is 38 days.sushdmehta wrote:You did not become an overstayer on 30-Apr-08 but on the second day of the date of postage of the refusal letter. That is when section 3C leave ceased ... assuming that this bit of the law is not new but existed in 2008 as well!
Would one tick "No" because the time would be ignored, or "Yes" and provide a detailed explanation? Or are they only referring to periods where no in time application was made?D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
Yes [ ] provide details below: No [ ]