ILR PLEASE HELP

[mbambaxxxxxx]

Please I need an advice on my situation. I am due to apply for 10 year SOON BUT I AM NOT SURE . I applied for an SAR and received the SAR today and it gives a lot of information on my situation but i need help

I ENTERED UK ON SEPT 2014 THE I HAD STUDENT LEAVE TILL AUGUST 2018 made a first FLR FP ON 24 AUGUST 2018 AND IT WAS RJECTED BUT I WENT TO TRIBUNAL AND UPPER TRIBUNAL then i made a APPLICATION in DECEMBER 2019

in my SARS REPORT NOW it say this below i do not known what it meant in regards to law


31/AUG/2019 - CID Outcome: "Probable Overstayer" on "ISA Data - VNAT"
01/NOV/2019 - CID Application "Returns Preparation" Created: 01-Nov-2019
22/NOV/2019 - CID 3C Leave Expiry Date - on "Family/Private Life 10yr - LTR(E)" (24-Aug-2018)
05/DEC/2019 - CID Application "Family/Private Life 10yr - LTR(E)" Created: 05-Dec-2019

[meself2]

Please don't post your questions in other people's posts. One topic (this one) is enough.

More knowledgeable people will give their opinion, if there is someone who is able to figure out what this SAR mens; keep in mind we're not the HO and don't know all the idea behind the nits for certain.

It would probably help if you would describe your full immigration history.

[zimba]

You can only get ILR under the long residence if you have had 10 years of unbroken lawful and continuous residence in the UK. It is NOT about simply staying/living in the UK for 10 years regardless of your immigration status. You cannot simply overstay and expect to get ILR at the end of your 10 years !

The SAR report suggests that you exhausted your appeal rights on 22/NOV/2019 which renders you an overstayer. Then you applied out-of-time for a new application in December 2019 as an overstayer. What happened after that? What is your situation now ?

[kartisar]

just check in cw notes is your application 22/NOV/2019 was it in-time or out-time

normally they write such as

out of time application : no

or

in-time application : yes

[zimba]

just check in cw notes is your application 22/NOV/2019 was it in-time or out-time

normally they write such as

out of time application : no

or

in-time application : yes

He did not have a valid visa in 2019 when he applied. That is by definition an out-of-time application.

[kartisar]

zimba u rightly ask what happen to 2019 application.

don't know what happen after appeal exhausted, does he had 14 days to reapply??

[zimba]

zimba u rightly ask what happen to 2019 application.

don't know what happen after appeal exhausted, does he had 14 days to reapply??

Assuming he applied within 14 days of becoming an overstayer and that application was then granted, he will benefit from the provisions under paragraph 39E of the rules. Otherwise, his residence continuity is broken