TIER 2 ILR AFTER 2 REFUSALS AND AR

[sen_tun]

Hello,
Please I need an urgent respond to this, I have gone through this forum and I cant find similar case.

I got my student Visa in Dec 2011,
I was granted Post study in Aug/2013
Granted Tier 1 entrepreneur in May 2014 (3yrs)
I applied for Extension on Tier 1 entrepreneur in April 2017 ( 2 weeks before my visa expires), and after six month of waiting I varied it to Tier 2 general which was refused due to wrong code, I made a fresh application and it was also refused due to incorrect salary, so I went for an In time AR which was unsuccessful ( which took 26days to response) I was given 14 day to make a my decision or leave the country as an overstayer.

I made a fresh application after 8 days of 14day grace period which was granted in Febuary 2019.

my questions is:
1, Can I applied for ILR under Tier 2 route in May? as this will be total of 5 yrs when combine with Tier 1 entrepreneur
2, Will the period of overstaying spent during the refusals and AR not affect my ILR Tier 2 route?

3, Will the period of overstaying spent during the refusals and AR not affect my 10yrs

[zimba]

Your lawful residence is broken. Your section 3C ended when your first Tier 2 general refused and you applied for a new one which refused again. You remained an overstayer until Tier 2 visa was later granted in Feb 2019. You need a fresh 5 years for ILR

[sen_tun]

Thank you Zimba for taking your time to reply me.
I am a bit confused with this!

My question: if technically I was an overstayer, why then did the homeoffice granted the Visa ?

Is it possible to please point me to any rule that make it possible for someone to be an overstayer when he is making an intime application following a refusal.?

[zimba]

In order for an application to be granted it does not need to be in-time. Determining lawful residence is different.
See 320(7BB): https://www.gov.uk/guidance/immigration ... or-refusal

[sen_tun]

Hello Zimba,

Thank you for your assistant and pointers. I recently read on one of your similar post where you said if the application is later approved it will disregard period of overstaying.

I also came across the March 2019 version of calculating lawful residence for HO.
which states that an approval of visa would have corrected any unlawful residence, which should not be considered in any subsequent application

Am not trying to be silly, Am only trying to see if i have some chances if not 100% chances.
I also think some vast majority of this situation are won via appeal.

Any new development on this?

[zimba]

Your problem is that the second out-of-time application was also refused. Period of overstaying will be ignored if your in-time application/AR is refused and then in 14 days, you apply for a new application (out-of-time) which is subsequently approved.
However if this out-of-time application is again refused, then period of overstaying cannot be disregarded as such application was not subsequently approved. This will be a break in your lawful residence

[sen_tun]

Hi Zimba,

What if the reason for second out of time that was refused was not cause by applicant and it was caused by the sponsor in-experience. Will their be any chance to fight this? Am just thinking of the 3c and invalid application..as in my case it was a valid application that was refused twice.
Also just to let you know if this will help base on your experience.
Their is no note of overstayer on my SAR report.

Thanks your reply will be highly appreciated

[zimba]

That is not how the rules work. You cannot blame others for your refusals even solicitors/advisors who may have given you bad advice. Lawful residence is determined based on the rules not SAR report

[sen_tun]

Hi Zimba,

Thanks for your support on this forum, you are such a great guy, doing this for free.

I am here to inform your that by the power of almighty God the application was granted.
If God is on your side nobody/home office cannot refuse your application.
I am using this to encourage anybody who is in similar situation that even if the rules is broken as long as you believe in God, with prayer and fasting nothing is impossible.

Thanks