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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Dear Zimba,
Previous post might be useful.
User also appears to have been given temporary leave, which might have broken residence.mdiqbal wrote: ↑Fri Nov 25, 2016 7:14 pmDear all,
I'll be appreciated if anyone could come step forward who had experienced as mine situation. I first entered in the UK on 14/09/2016 and extended visa several times as a student. Hence, my 10 year anniversary will be on 14/10/2016. Anyways, my tier-2 visa was refused on 05/08/2016 and the administrative review negetively determined on 12/09/2016 and refusal letter said that I've only 14 days to disclose any new issues that, why should I stay in the UK further. Therefore, 35 days shortfall to reach the goal from the day of my AR was concluded. However, I had an opportunity to apply any fresh application within 28 days of my refusal which will be disregarded [Immigration rule: 276B].
I did so. I've applied SET(LR) on 20/09/2016 by post which was 24 days earlier, however, my 10 years long residency application was submitted within 28 days of the qualifying period. Further to the guidance, applications can be granted if they are considered 28 days or less before the applicant completes the required qualifying period. Furthermore, I added with my application some new circumstances that I'm part way through completing a PhD etc.
Generally, a question could be raised that how can someone apply 28 days earlier without the valid visa before completing the qualifying period? Then, I can modify the same question; could the Home Office able to provide any rules that someone can't apply without the VALID VISA before completing the qualifying period? Here is to note that, no one can provide any black and white evidences, this rules is just word of mouth.
Additionally, yesterday, I know that I had an option to apply FLR (FP) and as soon as I would hit the qualifying period I would have the chance to vary the application with SET(LR). Again, same question could be pointed out which is 'without valid visa'. If 28 days overstaying period is disregarded, then why won't I be eligible for applying within 28 days of the qualifying period for ten years route. I'm really passing a devastating time, can anyone help me to get rid of this dilemma please??!! Have anyone experienced this issue? Any comments please.
Thanks Dear for you question. Here you're,
Dear Sir CR001,CR001 wrote: ↑Mon Feb 25, 2019 1:40 pmPrevious post might be useful.
indefinite-leave-to-remain/long-residen ... l#p1425939
User also appears to have been given temporary leave, which might have broken residence.mdiqbal wrote: ↑Fri Nov 25, 2016 7:14 pmDear all,
I'll be appreciated if anyone could come step forward who had experienced as mine situation. I first entered in the UK on 14/09/2016 and extended visa several times as a student. Hence, my 10 year anniversary will be on 14/10/2016. Anyways, my tier-2 visa was refused on 05/08/2016 and the administrative review negetively determined on 12/09/2016 and refusal letter said that I've only 14 days to disclose any new issues that, why should I stay in the UK further. Therefore, 35 days shortfall to reach the goal from the day of my AR was concluded. However, I had an opportunity to apply any fresh application within 28 days of my refusal which will be disregarded [Immigration rule: 276B].
I did so. I've applied SET(LR) on 20/09/2016 by post which was 24 days earlier, however, my 10 years long residency application was submitted within 28 days of the qualifying period. Further to the guidance, applications can be granted if they are considered 28 days or less before the applicant completes the required qualifying period. Furthermore, I added with my application some new circumstances that I'm part way through completing a PhD etc.
Generally, a question could be raised that how can someone apply 28 days earlier without the valid visa before completing the qualifying period? Then, I can modify the same question; could the Home Office able to provide any rules that someone can't apply without the VALID VISA before completing the qualifying period? Here is to note that, no one can provide any black and white evidences, this rules is just word of mouth.
Additionally, yesterday, I know that I had an option to apply FLR (FP) and as soon as I would hit the qualifying period I would have the chance to vary the application with SET(LR). Again, same question could be pointed out which is 'without valid visa'. If 28 days overstaying period is disregarded, then why won't I be eligible for applying within 28 days of the qualifying period for ten years route. I'm really passing a devastating time, can anyone help me to get rid of this dilemma please??!! Have anyone experienced this issue? Any comments please.