Ilr and 39e

[zeeshi1122]

Hello everyone,

Notes from my SAR: (Applicants previous leave was curtailed and letter was served to college as such we cannot confirmed the applicant was aware of the time limit imposed as a part of curtailment).

My Situation:
1- Visa curtailed in 2012 never received any letter.
2- New Tier 4 visa applied after 10 month of curtailment application successful.
3- Got visa 3 extensions after curtailment without any issues.
4- The curtailment letter home office issued was returned back to them as Undelivered by Royal Mail.(Mentioned in SAR)

Question: Will this be an issue on Ilr long residency application? As i never received any curtailment letter or didn't know about the curtailment.
My 3c broken?
THANKS

[zimba]

No

[zeeshi1122]

Thank you for your reply,
Do you think i need to write any cover letter to explain this or no need of any cover letter.
After curtailment i got 3 visas and i never mentioned anything about curtailment or mentioned that i was overstayed.

Regards

[zimba]

Thank you for your reply,
Do you think i need to write any cover letter to explain this or no need of any cover letter.
After curtailment i got 3 visas and i never mentioned anything about curtailment or mentioned that i was overstayed.

Regards

You do not need to explain your immigration history to UKVI which holds your file

[zeeshi1122]

Thank you that's what i was thinking as well.

[zeeshi1122]

Hi everyone,

Question regarding my ilr long residence application.

My tier 4 visa was curtailed in Jan 2012 and i applied for extention in nov 2012 which was granted in Nov 2013.

I never received a curtailment letter and the curtailment letter was sent to college old address and letter returned to home office as undelivered (All this info is on my Subject access request)

Can prove college moved to new address from companies House record.

Now when i apply for Ilr Long Residence will this be a problem? Or shall i write a cover letter to explain that i was unaware of curtailment as don't want to get refusal and go to court as this will cost me alot.

TIA

[CR001]

Topics merged!!

You have already been give advice on this question when you asked in June!!

[zeeshi1122]

Thank hou for the previous advice but the question is different do i need to explain that i did not get the curtailment letter?

[seagul]

Hi everyone,

Question regarding my ilr long residence application.

My tier 4 visa was curtailed in Jan 2012 and i applied for extention in nov 2012 which was granted in Nov 2013.

I never received a curtailment letter and the curtailment letter was sent to college old address and letter returned to home office as undelivered (All this info is on my Subject access request)

Can prove college moved to new address from companies House record.

Now when i apply for Ilr Long Residence will this be a problem? Or shall i write a cover letter to explain that i was unaware of curtailment as don't want to get refusal and go to court as this will cost me alot.

TIA

See a pertinent quote from UK public university:

How will I know if my visa has been curtailed?
UKVI will normally notify you by email if your visa has been curtailed and will also send a letter if they hold a UK address for you. This notification will advise you of your new visa expiry date. We would advise you that due to the risk of not receiving this, you should leave the UK as soon as possible after the university advising you that we have reported your situation to UKVI.

Contact details
It is important that you keep the UKVI updated of your contact details. Please note that if you do not receive the communication because your details are incorrect then the curtailment date as stated by UKVI will still stand and you could be at risk of being an overstayer.

https://my.napier.ac.uk/International/T ... Leave.aspx

[zeeshi1122]

Thank you for your replay seagul,

i understand this but back in 2012 i was not aware of this hence home office send a letter to college address even though college moved to new address home letter was posted on old address and college was unaware of my curtailment and i was attending classes as normal.

Do u think i need to explain i was not aware of the curtailment?

[seagul]

Do u think i need to explain i was not aware of the curtailment?

Notes from my SAR: (Applicants previous leave was curtailed and letter was served to college as such we cannot confirmed the applicant was aware of the time limit imposed as a part of curtailment).

They are already aware.

[zimba]

Thank you for your reply,
Do you think i need to write any cover letter to explain this or no need of any cover letter.
After curtailment i got 3 visas and i never mentioned anything about curtailment or mentioned that i was overstayed.

Regards

You do not need to explain your immigration history to UKVI which holds your file

[zeeshi1122]

Thank you both for the advise.

I was just thinking if i apply ilr and caseworker just consider the curtailment and make the decision without taking this into account that i was not aware of the curtailment.

So is it better to attach a cover letter

[AmazonianX]

Thank you both for the advise.

I was just thinking if i apply ilr and caseworker just consider the curtailment and make the decision without taking this into account that i was not aware of the curtailment.

So is it better to attach a cover letter

You already saw in the SAR that HO agreed or reached a conclusion that you were not aware. Do you explain to a mother "this is why you named your child Archibald (substitute with whichever name you want)?
HO holds the records, it is futile explaining to them what they have?
If it put your mind at rest do so and tell them as per what is in SAR.

[zeeshi1122]

Hello everyone,

Thank you all of you for advising me in the past got one more question

My ilr long residence is due 1st week of dec and my current visa is expiring in 2nd week of march 2021.

Would you advice me to apply in 1st week of December or should i wait for march keeping in mind i had visa curtailment issue in the past which can effect on ilr decision.

Also will i get an appeal right in case of refusal.

Regards

[zimba]

Apply when eligible. Why wait till March ?!

[zeeshi1122]

Thanks for the reply,

Reason i was asking is incase i get refusal before my current leave expires will i get a appeal right?

[zeeshi1122]

Apply when eligible. Why wait till March ?!

Thanks for the reply,

Reason i was asking is incase i get refusal before my current leave expires will i get a appeal right

[zimba]

The long residence is a human rights application so appeal right is always granted in case of a refusal.

[zeeshi1122]

The long residence is a human rights application so appeal right is always granted in case of a refusal.

Please correct me if i am wrong we can't get appeal right if we still got valid leave

[zeeshi1122]

Hello everyone ,

I got an advice on this from zimba but i would like to get second opinion on this if possible as i noticed people are confused about this situation.

I am going to apply ilr on the basis of 10 years long residency but just get confused because of recent cases about paragraph 39E.

History

Ec Jan 2011 to march 2013
Tier 4 Extension Oct 2012 till March 2014.
Tier 4 extension March 2014 till Dec 2014.

In December 2014 applied FLR O got refusal in March 2015 Appeal with in 28 days before hearing date i withdrew the appeal on 22nd July 2015 and applied tier 4 dependent next day 23rd July 2015 got visa after 1 week on 1st August 2015.

Still have tier 4 dependent visa till next year.

Will my Flr o application refusal and the withdrew of appeal an issue for 10 year long residency?


TIA

[zeeshi1122]

Anyone??

[zimba]

The long residence is a human rights application so appeal right is always granted in case of a refusal.

Please correct me if i am wrong we can't get appeal right if we still got valid leave

NO that is irrelevant. Also I already advised you on paragraph 39E
See: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

[lilboots]

I think you will be fine as long as the new case...Hoque & Ors vs SSHD...is still relevant then.

I had the same problem that you had. I applied for ILR in March and was refused on the basis that I had withdrawn my appeal and put in a new application which I eventually got. It was ruled that my section 3c ended when I withdrew my appeal and that even though my new application was granted, it didn't cure the gap and that my 10 years of continuous lawful leave was broken. They were right at the time because of the case of the two Ahmeds and how Para 276B and 39e was interpreted at the time. I submitted a PAP. HO maintained their decision and I was refused permission for JR on papers.I submitted for Oral hearing. I was lucky that the HOQUE & ORS came up late October, days before my Oral hearing. I was granted permission for JR based on the above case a few days ago as the new interpretation is now being used.
I am quite hopeful for my JR now than I was before the recent case.

So.....in a nutshell, you should be fine as paragraph 39E and Paragraph 276B (v) applies in your case just as mine.

[zeeshi1122]

I think you will be fine as long as the new case...Hoque & Ors vs SSHD...is still relevant then.

I had the same problem that you had. I applied for ILR in March and was refused on the basis that I had withdrawn my appeal and put in a new application which I eventually got. It was ruled that my section 3c ended when I withdrew my appeal and that even though my new application was granted, it didn't cure the gap and that my 10 years of continuous lawful leave was broken. They were right at the time because of the case of the two Ahmeds and how Para 276B and 39e was interpreted at the time. I submitted a PAP. HO maintained their decision and I was refused permission for JR on papers.I submitted for Oral hearing. I was lucky that the HOQUE & ORS came up late October, days before my Oral hearing. I was granted permission for JR based on the above case a few days ago as the new interpretation is now being used.
I am quite hopeful for my JR now than I was before the recent case.

So.....in a nutshell, you should be fine as paragraph 39E and Paragraph 276B (v) applies in your case just as mine.

Thank you for your detailed advise, may i know ur timeline of appeal withdrawn and submitted new application and visa granted please?

Also u didn't get appeal right? Y u have to go for JR?

Thanks