Time spent outside the UK(10 Years LR)

[fami]

Dear Guru's & other members,

My Timeline is:

* Came as a student April 2007
* Tier 4 Extension granted from June 2008 till 30 June 2009
* Another Tier 4 extension applied in time on June 2009
Received my application back as an Invalid due to Passport size Pictures were not direct to the camera as per immigration rule on 13 July 2009. I sent the same application back on the same day 13 July with the right passport size pictures. Biometrics done on 24 July 2009.
No reply till October 2009 then suddenly i found out that our college license has been suspended. I emailed HO with in 28 days about changing my college (As per immigration Rules on that time) and received automated confirmation of my email. I sent them my new College CAS letter.
18 Dec 2009 received refusal saying that " There is more than 1 month Gap from expiry of leave and commencement date of course"
No right of appeal aswell. My solicitor corresponded with HO couple of times & tried to explain that i have done the right thing and give us appeal right but nothing worked.

* JR submitted & After 2 months We received a letter from TSol said " The Border Agency, Having viewed the content of the submissions put forward in the application for permission for judicial review, has agreed to reconsider your clients application dated 13th July 2009 for LTR as Tier 4 student. The UKBA also agrees to withdraw its letter of 9th July 2009 (This letter was about my passport size pictures) "

I would also like to add here that i also received my SAR where In notes i found it says, "Information received from Biometric Manager, DCCW and Tsols, in light of the information regarding the photograph of invalidated application of 30 June 2009, the JR is to be withdrawn with the application of 13 July 2009 to be reconsidered and treated as an in time application. The consent order details that the application will be reconsidered within 3 months of the sealed order".
Dated AUG 2010: Sealed Consent Order Received. " The Claimant's application falls to be granted, pending relevant checks. The application of 30 June 2009 should have been accepted as valid, therefore it appears that the application of 13 july 2009 should have been granted.

Then i been granted LTR. I went for PSW and then Etr Tier 1 also got my extension valid till April 2019.
MY 10 years have been completed in April last year. Please tell me that is my Section 3C broke or not. Because in their decision HO accepted their error and also considered my application in time ??

PLease help??

[fami]

Hi Marcnath & Zimba,

Please Please look into it & answer with your experience.

[fami]

Dear Guru's & other members,

I have been living in the UK lawfully since April 2007. Currently, I am on Entr Tier 1 expiring in April 2019.
I did not apply for Long Residency because i think there is a break. I will give you bird eye view of that break.

In June 2009 (Applied in time) my Tier 4 extension came back as invalid due to passport size pictures sent with application were not according to immigration rule. Sent application back with right pics on 13 July 2009 and biometric done on 24 July. No reply from HO until Oct 2009. I changed me college when found out that college is no longer in the list and sent new CAS letter to HO. They refused my application saying "Out of time application & No right of appeal.
We went for Judicial Review and UKBA withdrew their decision & validate my application in time

Please Guru's help me in to it. Did Section 3C Broke here??

Regards

[fami]

Respected GURU's,

PLease Please read my above post. I have made it short. PLease reply me.

Regards

[marcnath]

I would think your 10 year residency is valid. There are no breaks as the decision was to reinstate your 30 Jun 2009 in-time application.

But, even if 3C was broken, since a subsequent application was approved, the overstay would be ignored.

[fami]

Dear Guru's specially respected Zimba,

If an application come back as an invalid due to Pictures error & with no right of appeal and we won the case in JR after long battle. Can i still apply for 10 Years Long residency or it has been broken?

I am Currently on Tier Entr (50K).

Most Solicitors says because HO admitted their error & validate your application in time. You are ok to go ahead otherwise we will go to court.

Kindly Please advise !!

[zimba]

If it was assumed in-time, then you should be fine

[fami]

Dear Members,

I am filling the online application form for 10 Years LR. How can i fill the section time spent outside the UK;

Shall i follow the stamps on my passports? Because if my entry stamp into backhome is on 20 JUNE 2017 i may started my travel from UK on 19JUNE.

DO I HAVE TO BE ACCURATE OR FOLLOW THE STAMPS?

Please Advise!