continuity question

[Happydays11]

is anyone help my friend on continuity question.

1st Application submitted on April 2018
Application rejected on August 2018
Gone for Admin review on time but not successful

Got Letter make application within 14 days or leave the country

She made 2nd application on-time within 14 days and it was seccessful

Her ILR LR is due on Aug - 2021 but she is confused if her continuity has been break or not.

as per my knowledge she lived all this time within legal framework.

Thanks

[Happydays11]

I think its all ok someone told her

she is covered in 39E! as she was given 14 days to make 2nd application

any period between overstay period will be disregard. as person made application within 14 days.

anyone got any idea about it.

[Happydays11]

39E. This paragraph applies where:

(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
(3) the period overstaying was between 24 January and 31 August 2020.

i think above applies to her. ?

[Happydays11]

1st Application made in-time - condition 1
2nd Application Made within 14 days after admin review concluded

Above given is happy news for her as she is in Exceptions for overstayers

[Happydays11]

Please question to seniors

her 10 years completing in August 2021.

1). is time during out-time second application which took about 8 months. is that will be minus from legal time or the time will be consider as legal and she can apply august.?

[Happydays11]

no one interested - no comment yet

just another

if someone received letter and asking to make application within 14 days of receiving this letter (not the date of decision) where they are standing does it covers in 39E lapsing (as this is agreement to arrangement within timeframe).

some letters stated above , some not.

[Happydays11]

seniors solve this mystery please

please @CULLINAN or @Zimba

in administration review stated below.

Applications submitted after the deadline has expired must normally be rejected. The only exception to this is where the Secretary of State is satisfied that it would be unjust not to waive the time limit and the application was made as soon as reasonably practicable.

question is someone delayed admin review and their application was considered and was not rejected for delaying As it mentioned above after accepting application indicates time limit was waived and application will be consider as normal.

does their continuity protected till that time or not although they delayed but application proceed?

[CULLINAN]

is anyone help my friend on continuity question.

1st Application submitted on April 2018
Application rejected on August 2018
Gone for Admin review on time but not successful

Got Letter make application within 14 days or leave the country

She made 2nd application on-time within 14 days and it was seccessful

Her ILR LR is due on Aug - 2021 but she is confused if her continuity has been break or not.

as per my knowledge she lived all this time within legal framework.

Thanks

She is fine to apply.

[Happydays11]

Thanks @CULLINAN

can you look on above question i will appreciate if you answer above and below question

2) is the 14 days starts from the day of decision made or day of receiving decision letter.

for example decision made on 10 but received on 21 does time start from 10 when decision made or 21 when decision received?

[CULLINAN]

It is usually 14 days from the date on the letter. The letter would have clarified it.

Also see:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[Happydays11]

@CULLINAN

For example if they late couple of days on 2nd application or administrative review and in both cases their cases was not rejected due to late application does it means applications were accepted no legal issues on that or delay time waived .

And 2nd application (PBS not LOTA) has been successful . Do u think time that they waived and consider app as valid.

[Happydays11]

@CULLINAN

check below what stated in letter

WhatsApp Image 2021-01-15 at 23.36.22.jpeg (130.38 KiB) Viewed 400 times

[Happydays11]

It is usually 14 days from the date on the letter. The letter would have clarified it.

Also see:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

@CULLINAN

Thanks for taking time out.

yes they assume that they person received the letter same day or day after

but if letter did not turn up then date will be receiving date plus exceptions

plus they don't consider AR if its out of time they simply reject it or give exception and waive the time line.

check When was the decision served?

page 18

https://assets.publishing.service.gov.u ... .0-ext.pdf

[Happydays11]

@CULLINAN or @Zimba

Please take a bit time you guy are expert in ILR.

from the recent developments of court cases and rules in ILR LR lawful stay i have following question if you answer pls.

(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

• 1. if application made second PBS application and granted leave , does it means his application has been accepted within 39E immigration rule, exception applies and their overstay (in case) disregarded. does their continuity still there? - other wise rules says application must be rejected if no reasonable explanation brought

• 2. according to 39E if someone making application for ILR LR do they need to explain again for those previous second application if any

• 3. what rule says after 2016 if someone making second PBS application and their application delayed by 3 days .
  • i. the second PBS application must be refused because of delay , once application reject due to overstay this is understandable continuity breaks
  
  
  • ii. but second PBS application delayed but accepted and successful (What will happen here). can we assume the application accepted under 39E with exception and disagreed any out time.

[Happydays11]

Please answer few question 39E

Continuity of Successful or unsuccessful application from tier

1). Out of time Tier Application Within 14 days & Visa Successful - Is continuity Remain (Yes/No)

2). Out of time Tier Application After 18 Days & Visa Successful - Is continuity Remain (Yes/No)

3). Out of time Tier Application Within 14 days & Visa unsuccessful- Is continuity Remain (Yes/No)

4). Out of time Tier Application After 18 Days & Visa unsuccessful - Is continuity Remain (Yes/No)

Tier Application from Overstayers

1). In time application made after 30 days of visa expired | can they make new application (Yes/No)

2). out of time application made after 22 days of AR or appeal | can they make new application (Yes/No)