SET (O) or SET (LR)

[LIZANAZ]

Hi Dear all,

I am one of the silent readers of this forum. My last post was Feb 2017 Topic uk-tier-1-entrepreneur-visas/entreprene ... Over stay"

My application timeline is:

* Entrepreneur Ext in 18/03/2016 as Team.
* application was refused in 10/05/2016
* Admin Review in 28/07/2016.
* Fresh application in 19/08/2016 using 28 days grace period.
* My interview for second fresh application is in 08/02/2016.
Still waiting for the result which is more than one year now. My 10 years will be 20 January 2017. I am a bit worry as if my application is refused before 10 years I will be overstayer. So, my question is:

1) can I apply for 10 years route now OR any other application.
2) are SET (O) and SET (LR) similar.

Please give advice, I don't want to be overstayer and I have just few months to reach 10 years. Please suggest me the things to do.

Thanks

[zimba]

You ARE an overstayer and you have been overstaying since your fresh application was submitted more than a year ago (your section 3C ended)
You also do not have 10 years of lawful residence as the section 3C ends on AR refusal.
You can only apply under long residence if your fresh application is successful, as the rules allow your period of overstaying to be disregarded towards ILR

[CR001]

You ARE an overstayer and you have been overstaying since your fresh application was submitted more than a year ago (your section 3C ended)
You also do not have 10 years of lawful residence as the section 3C ends on AR refusal.
You can only apply under long residence if your fresh application is successful, as the rules allow your period of overstaying to be disregarded towards ILR

I have added the link to the OPs topic and annoyingly, this was already advised by you and another user in February 2017

[LIZANAZ]

Thanks for replying Zimba. Does it means I am not able to apply for 10 years route until I get the successfully decision from my Entrepreneur Ext application?

[CR001]

Thanks for replying Zimba. Does it means I am not able to apply for 10 years route until I get the successfully decision from my Entrepreneur Ext application?

Correct yes.

[zimba]

I have added the link to the OPs topic and annoyingly, this was already advised by you and another user in February 2017

oh well

[LIZANAZ]

Hi dear,
Thanks for your reply. Please check the link https://www.freemovement.org.uk/oversta ... ing-leave/
I am a bit confused with this link. I may understand wrong, would you mind, please explain How I am overstayer. Reply will be appreciated, it helps me a lot.

Thanks a lot

[zimba]

It is funny you provide a link that literally is discussing the last year changes to the 'grace period'.
The concept of grace period only applies to the overstayers (when section 3C ends).
Grace period simply means that you get X number of days (now it is 14 days, used to be 28 days) AFTER becoming an overstayer to only submit a valid application.
That does NOT change your status as an overstayer. This is clearly explained in the application from overstayers guide.

Section 3C: https://www.gov.uk/government/publicati ... d-3d-leave
Application from overstayers: https://www.gov.uk/government/uploads/s ... ers-v7.pdf

As you have no section 3C, your lawful residence therefore does not continue and you remain an overstayer until your fresh application is decided. You can ONLY AND ONLY apply under 10 year long residence if the fresh application is successful, as the immigration rules only allow the waiting overstaying period to be discarded AFTER your status becomes lawful again.