Set (LR) out of time application

[askmdshahid]

Hi 
My set (LR) application is refuse due to out of time application in way back 2011.
Here I have posted my PSW visa on time but file came back to me due to photograph is not as per guidelines and Home Office send me the fees back too. I then resend the file with correct photograph with in 2 days and got the visa after necessary process of biomatric after 90 days.
Now home office giving me the reason for my refusal is that from the time they send the file back till the time I got the visa there is the gap of continuity.
Hence my set ( LR) in 10 years continuous long residency route is discontinued.
Now I have the appeal hearing pending.
Please let me know how to handle this issue..
Your advice will be highly appreciated..

[Hassan7861]

Hi 
My set (LR) application is refuse due to out of time application in way back 2011.
Here I have posted my PSW visa on time but file came back to me due to photograph is not as per guidelines and Home Office send me the fees back too. I then resend the file with correct photograph with in 2 days and got the visa after necessary process of biomatric after 90 days.
Now home office giving me the reason for my refusal is that from the time they send the file back till the time I got the visa there is the gap of continuity.
Hence my set ( LR) in 10 years continuous long residency route is discontinued.
Now I have the appeal hearing pending.
Please let me know how to handle this issue..
Your advice will be highly appreciated..

How long is the gap according to the home office . Kindly give us some of ur immigratiom history.

[Hassan7861]

I had a similar problem i had a gap of 62 days and my setvlr was also refused but i won the appeal in first and upper tribunal and home office used their discreation and gave me ILR

[askmdshahid]

Dear Hassan,
Thanks a ton for reply. I just have 2 quarries
First of all why it's in both the court first n Upper tribunal ?
Secondly : if you dont mind please can I have your case reference so that we can use as citation in court.

[askmdshahid]

Immigration History :-
1. Issued student visa on 17.10.2007, enter UK on 26.10.2007 valid till 31.12.2008

2. Applied student visa o 23.12.2008 granted till 31.05.2010

3. Applied for tier4 General student on 27.05.2010 granted till 12.01.2011

4. Applied for Tier1 PSW on 12.01.2011 file send back due to photograph was not as per guideline on 14.02.2011 ( fees refund accrodingly ) File resend to home office on 18.02.2011 PSW granted till 21.03.2013

5. Applied for tier1 highly skilled Entrepreneur on 20.03.13 refuse on 17.04.2013. In time Appeal made on 07.05.2013 dismissed on 26.03.2014 with appeal right till 07.04.2014

6. Applied for tier2 skilled worker on 03.04.2014 granted till 16.04.2017

7. Applied for FLRO (FP) on 28.04.2017 this 12 days late application is due to solicitors mistake which they accepted in written as one of their case worker didn't did his job properly this reported to police and solicitors regulation authority by the solicitors firm.

8. This application varied on 03.08.2017 for ILR ( 10 years continuous long residence).
This is refuse on 22.02.2018
Appealed against the decision due for hearing
According to home office two gaps as per point 4 n 7

Please advice how to win the case ...

[zimba]

HO is correct as your PSW application was returned as invalid, so you were an overstayer for more than 28 days and that means your lawful 10 year period of stay is broken

[askmdshahid]

Hi Zimba.
Can you suggest me what the way out in this matter ...

[zimba]

Hi Zimba.
Can you suggest me what the way out in this matter ...

Your case is pretty weak. The rules are not in your favour. I suggest to argue that HO must have given you an opportunity to send the photos instead of returning the application as invalid however a similar case was taken to the supreme court and failed to gain any merit in favour of the applicant. The new rules require HO to ask applicants to fix the issues instead of getting an invalid application but you overstayed before such changes were introduced

[askmdshahid]

I had a similar problem i had a gap of 62 days and my setvlr was also refused but i won the appeal in first and upper tribunal and home office used their discreation and gave me ILR

Dear Hassan,
Thanks a ton for reply. I just have 2 quarries
First of all why it's in both the court first n Upper tribunal ?
Secondly : if you dont mind please can I have your case reference so that we can use as citation in court.

[Hassan7861]

I had a similar problem i had a gap of 62 days and my setvlr was also refused but i won the appeal in first and upper tribunal and home office used their discreation and gave me ILR

Dear Hassan,
Thanks a ton for reply. I just have 2 quarries
First of all why it's in both the court first n Upper tribunal ?
Secondly : if you dont mind please can I have your case reference so that we can use as citation in court.

Hi
As so many people and even top solicitors have told me the exact same thing as zimba88 is telling u that home office is right and my long residency is broken and i have o chance to get ILR. But i didnt give up i applie for ilr and got refused then again people told me to not to appeal but i did anyway in first tribunal i appealed on papers it wasnt even the oral hearing it was decided on papers and i won the appeal on article 8 and human rights but home office appeal against this decision and was granted a hearing in upper tribunal and even in upper tribunal ive managed to satisfy the judge that my 62 days gap was also due to the fault of home office im not the only one to blame for this gap. So judge ruled in my favour.
Big thing is i made my appeal my self ive done all the paper work and covering letter my self . All i did is to hire a barrister direct via public access scheme and save thousands of pounds in solicitors fee. It took me 2 years but in the end ive done it.
So it u have a geniune reason then trust me dont give up . U will get the ILR. U only loose when u give up.

If admin allowes me i can tell u the name of barrister and his firm so u can go to them

[CR001]

If admin allowes me i can tell u the name of barrister and his firm so u can go to them

Not permitted.

[askmdshahid]

Thanks a ton Hassan7861 for keeping my hope live.
Is it possible for you to give me the case/ judgement reference so that I can use as reference.
Or else send me a text ..to
mobile number removed by moderator

[CR001]

Thanks a ton Hassan7861 for keeping my hope live.
Is it possible for you to give me the case/ judgement reference so that I can use as reference.
Or else send me a text ..to
mobile number removed by moderator

I strongly suggest you read the forum rules. Members are not permitted to post any form of personal contact information. We have many scammers and spammers who trawl the forum for this information. Everyone here is a complete stranger.

[askmdshahid]

Thanks moderator

[vinny]

Hi 
My set (LR) application is refuse due to out of time application in way back 2011.
Here I have posted my PSW visa on time but file came back to me due to photograph is not as per guidelines and Home Office send me the fees back too. I then resend the file with correct photograph with in 2 days and got the visa after necessary process of biomatric after 90 days.
Now home office giving me the reason for my refusal is that from the time they send the file back till the time I got the visa there is the gap of continuity.
Hence my set ( LR) in 10 years continuous long residency route is discontinued.

The caseworker had discretion to accept new photographs as a valid variation of the application.

Have photographs been provided in the correct format, if this is applicable?

No – application is invalid (but a variation will be valid)