Tier 4, 10 years long residence

[Dehkhoda]

Hello Everybody,
I have been here before for other matter. It was about my student visa. I would like to say thank you to all and especially “sah10406” from UK Tier 4 (Student) visa forum. It did help me all his advice and finally I managed to gain student visa with no problem at all.
I am here for another matter and I hope get some help from people might able to give me some advice or suggestion.
I have been living in UK since 2006 under student visa and in couple of months I have been living here 10 years.
I would like to apply for 10 years long residence. As I have read and understood the role of 10 years long residence which is gaining visa should be continued with no gaps within that 10 years.
Unfortunately, in 2011 I have had a problem and the continuity of my visa was broken.
The story as follows:
I have applied for new visa in summer 2011. Unfortunately, my application was rejected because I did answered couple of questions in the application wrongly. When I received my rejected application, my visa was expired and I was overstayed by 7 days.
I emailed to my university’s international admission team and I explained the above story about my application and I asked them whether the CAS letter is it still valid or do I need to request a new one for my fresh application. They replied that is too late for making a fresh application and you better apply for next year (2012) entry. I ignored the email and I went to see our international student advisor. She said your CAS valid for 6 months and you can apply again with same CAS letter. I applied and was waiting for the result. I have to say I was enrolled on my course and I was going to university regularly based on my time table.
After nearly 3 months I got the letter which it was my refusal letter. The reason HomeOffice refused my visa, because my CAS was withdrawn by my sponsor (university).
I straight away contacted to the international student advisor. She replied back: “when you had emailed to admission team about your CAS letter 3 months ago, they thought you were applying from outside UK and withdrawn your CAS letter”.
University took all the responsibility and they took over the situation and I made a new application with a covering letter from university and eventually granted a new student visa. I was overstayed about just over 5 months during the above situation.
Now, my question is; should I go for the 10 years long residence? I know nobody can answer this, but what would be outcome if I applied for the ILR?
Would I get rejected straight away? If so, is there anything I can do to fix the problem or this problem not possible to fix even if the overstaying wasn’t my fault?
If I got help from a lawyer about filling my application, would this mend the situation?
Thanks for reading this long message and I would like appreciate any help from anybody.
Kind Regards
Dehkhoda

[Dehkhoda]

Dear all of the nice people here.
I would like ask a question regarding my 10 years long residence application and eligibility. I have asked this question before, but this is more accurate based on my new information found while sorting out my documents:
I entered UK in 15 April 2006 under student visa. My visa finished on 7 September 2006. Applied for new visa, my application was rejected as invalid 3 times until granted visa on 22 February 2007 until September 2007. All 3 times was within the 28 days.
September 2007 applied and granted visa until September 2008. (on time application)
September 2008 applied and granted visa until September 2009. (on time application)
September 2009 applied and got refused but I was allowed to appeal and the decision was overturned and granted visa until October 2011. (on time application)
September 2011 applied for new visa. The application was rejected as invalid. When I got the rejected application, my visa was expired by 7 days. Applied again within the 28 days. Unfortunately, the application was unsuccessful and my visa was rejected. Didn’t have right to appeal. Made a new application and sent it within 5 days and on April 2012 granted visa until September 2014.
September 2014 applied and got visa until September 2015.
September 2015 applied and granted visa until January 2017.
As you can see I will pass the 10 years. But is that mean all the overstaying during last 10 years, broke the lawful continuity, even if I made all my application before 28 days?
I would appreciate any help or reply.
Kind regards
Dehkhoda

[Rizcon]

Dear all of the nice people here.
I would like ask a question regarding my 10 years long residence application and eligibility. I have asked this question before, but this is more accurate based on my new information found while sorting out my documents:
I entered UK in 15 April 2006 under student visa. My visa finished on 7 September 2006. Applied for new visa, my application was rejected as invalid 3 times until granted visa on 22 February 2007 until September 2007. All 3 times was within the 28 days.
September 2007 applied and granted visa until September 2008. (on time application)
September 2008 applied and granted visa until September 2009. (on time application)
September 2009 applied and got refused but I was allowed to appeal and the decision was overturned and granted visa until October 2011. (on time application)
September 2011 applied for new visa. The application was rejected as invalid. When I got the rejected application, my visa was expired by 7 days. Applied again within the 28 days. Unfortunately, the application was unsuccessful and my visa was rejected. Didn’t have right to appeal. Made a new application and sent it within 5 days and on April 2012 granted visa until September 2014.
September 2014 applied and got visa until September 2015.
September 2015 applied and granted visa until January 2017.
As you can see I will pass the 10 years. But is that mean all the overstaying during last 10 years, broke the lawful continuity, even if I made all my application before 28 days?
I would appreciate any help or reply.
Kind regards
Dehkhoda

In my opinion, first request your SAR from UKVI and try to find the observations/remarks put by them in your files about these gaps.It will be really helpful not only for you but the seniors as well to advice you according to the information they hold about these gaps.

[Dehkhoda]

first request your SAR from UKVI and try to find the observations/remarks put by them in your files about these gaps.

Thanks Rizcon for the advice and I do appreciate it very much.
I have looked at the SAR form.
I have two questions about the SAR from:
• In the first section in the form asking about the references and the exact quote from the form is: “Please list all reference numbers issued by the Home Office/UK Visas & Immigration the former UK Border Agency [UKBA], Border and Immigration Agency [BIA] and Immigration and Nationality Department [IND].” Is this mean I have to include all the references given to my all previous application within the last 10 years?
• In the second section which is about the details of information required. What is the best option in this section which would give me the information I need for my past 10 years and would give me a broad view from HomeOffice’s remarks on my files!?

I would appreciate any help.

Kind Regards

Dehkhoda

[Dehkhoda]

Dear all,

Just very quick question:
If I applied for my IRL and if my ILR was refused, would I lose my current visa even if I am in the middle of my study?

Would appreciate for any answer or reply.

Kind regards

Saeed

[avjones]

I agree, get the SAR ASAP.

A failed ILR application shouldn't mean the cancelling of your current leave to remain.

[secret.simon]

You do not need the form to apply for an SAR. Just write a letter to them requesting that they provide all the data they hold on you under the Data Protection Act and stating that this letter should be treated as an SAR. Enclose a cheque for £10. That is how I did it.

The more information you provide about yourself (such as all the case reference numbers that you have had in your correspondence with the Home Office) the fuller the data that they can trace and hence provide back to you.

What the SAR will be is a printout or copies of all the files and paperwork on you. Most of it will be your application forms, etc. But the things that you will find useful will be the comments and annotations on your file that will give you information on what the Home Office caseworkers thought of your applications. It should also include any correspondence internal to the Home Office about you, so for instance, if your caseworker asked for advice or assistance regarding your case or referred it to a senior caseworker, etc.

[Dehkhoda]

Dear All,

As you might see from my previous posts, I am in the process of applying for my 10 years long residency. As others advised previously, I have applied for my SAR. I have applied about 7 months ago. Unfortunately, haven't received anything yet! Except the acknowledgement.
I wanted to know how could ask HomeOffice about my SAR? It is usually need to take 40 days to reply!!!
Isn't taking nearly 7 months unusual?

I appreciate any comment, any advice or even any previous experiences regarding SAR application.

Regards,

Dehkhoda

[avjones]

Yes, that is way over the time limit, you should chase it up.

[Dehkhoda]

Thanks avjones the comment;

Yes, that is way over the time limit, you should chase it up.

But what would be the best way to chase them? I have emailed them and just got reply which was saying: "
We are processing SARs as quickly as we can but are prioritising those from certain vulnerable groups, eg, children; those who have an outstanding immigration appeal; or those with exceptional or compelling circumstances. Your SAR is currently in a queue and awaiting processing!" I am just wondering even if there are lots of applications, my application would have been answered after nearly over 7 months!!!

I mean HomeOffice pretty out of reach! Would it be helpful, if contact ICO which is information commission's office? As they suggest on their website if an organisation didn't reply regarding SAR you can complain or contact them!

Thanks

Dehkhoda

[avjones]

YEs, complain to the ICO. 7 months is taking the mickey

[Dehkhoda]

Hello Everybody,

I am in the process of filling my application for 10 years long residency!
In the application, there is question which says:
D17. If you have any reasons or grounds for wishing to stay in the United Kingdom which you have not already mentioned in your application, you should do so now in the box below. (SET (LR) Application Form (version 03/2016) Page 15)

Can ask people who know what would be the right or accurate answer to this question? Before this question, it has already askes about what ties do you have to the UK or my country of origin! I am just thinking what exactly the reasons and grounds refer to? Is it referring to human rights or any other things?
I do appreciate any comments by people who know the answer or have done this previously.
Kind regards,
Dehkhoda