This was the original wordings:
Detailed consideration
We have considered all the evidence and information you have provided since your application date of 27 August 2023.
Immigration history
• On the 17 September 2013 you entered the UK with Entry Clearance (E/C) as a Tier 4 general student valid from 30 August 2013 until 10 October 2017 VAF 949106.
• On the 01 October 2016 curtailment consideration leave was curtailed on the 23 June 2017
• On the 28 July 2017 you applied for Tier 4 general student Leave to Enter which was refused on the 15 August 2017
• On the 23 September 2017 you re-entered the UK with Leave to Enter (LTE) as a student which was issued on the 09 September 2017 until 01 October 2018 VAF 1885265.
• On the 28 September 2018 you submitted an in-time application for Leave to Remain (LTR) as a T2 SW – General Migrant which was granted on the 29 November 2018 until 24 October 2019
• On the 24 August 2019 you submitted an in-time application for Leave to Remain (LTR) as a – T2 SW – General Migrant which was granted on the 16 September 2019 until 06 October 2022
• On the 05 September 2019 curtailment consideration curtailment not pursued on the 21 February 2020
• On the 23 September 2019 Sponsor Notification – Change of Circumstances Notification Recorded 24 September 2019
• On the 11 February 2020 Sponsor Notification – Change of Circumstances Notification Recorded 17 February 2020
• On the 07 August 2020 Sponsor Notification – Change of Circumstances Notification Recorded 19 August 2020
• On the 18 September 2021 you submitted an in-time application for Leave to Remain (LTR) as a – T2 SW – General Migrant which was granted on the 05 November 2021 until 06 December 2024
• On the 16 March 2023 curtailment consideration curtailment not pursued 18 August 2023
• On the 27 August 2023 you submitted an in-time application for Long Residency (10 Year) – Indefinite leave Remain (ILR)
Your application has been considered on the basis of your long residence under Paragraph 276B of the Immigration Rules.
Paragraph 276B
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment record; and
(d) domestic circumstances; and
(e) compassionate circumstances; and
(f) any representations received on the person’s behalf; and
(iii) the applicant does not fall for refusal under the general grounds for refusal.
(iv) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
(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.
Paragraph 39E of the Immigration Rules states:
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;
276A. For the purposes of paragraphs 276B to 276D
(a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.
Section 3c
The purpose of section 3C leave is to prevent a person who makes an in-time application to extend their leave from becoming an overstayer while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.
Home Office Published guidance on Leave extended by section 3c states:
When section 3C applies
This section explains when a person’s leave is extended by section 3C of the Immigration Act 1971. Pending decision on application
A person will have section 3C leave if:
• they have limited leave to enter or remain in the UK
• they apply to the Secretary of State for variation of that leave
• the application for variation is made before the leave expires
• the leave expires without the application for variation having been decided
• the application for variation is neither decided nor withdrawn
Consequently, where an application is submitted or attempted to be submitted after the expiry of a period of lawful leave, it is deemed to be “out of time” and does not engage section 3C.
Consideration has been given to your immigration history listed above and all evidence submitted along with your application dated 27 August 2023. It is noted that you entered the UK on the 17 September 2013 and held valid leave until 23 June 2017 when your visa was curtailed.
The evidence you have provided to us confirms that you left the UK on the 26 November 2016 with leave you then re-entered the UK on the 03 May 2017 your leave was still valid however you then advise that you left the UK on the 10 July 2017 your leave expired on the 23 June 2017. You then re-entered the UK on the 23 September 2017 with Leave to enter as a student which was valid until 01 October 2018.
Given the above, it is considered you were without lawful residence under the Immigration Rules from the 23 June 2017 when your leave was curtailed until you re-entered the UK with leave to enter as a student on the 23 September 2017.
You are not considered to have demonstrated 10 years continuous lawful residence in the UK and cannot meet the requirements of Paragraph 276B(i)(a).
It has also been considered whether your application raises any exceptional circumstances which might warrant a grant of leave to the UK outside the requirements of the immigration rules on compelling compassionate grounds. You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of leave outside the rules.
This decision takes into account as a primary consideration the best interests as a child and those of any relevant child, in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
Therefore, for the reasons outlined above, your application is refused under Paragraph 276D with reference to Paragraph 276B (i)(a).
Reasons you would qualify for a grant of limited leave to remain
Your application has been considered for limited leave to remain under the Immigration Rules, Appendix Private life.
We have, taken into consideration that you have a Settled partner. Accordingly, it is accepted that you merit a grant of 30 months leave to remain under Appendix FM Partner route under D-LTRP.
Once you have paid the immigration health surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months’ limited leave to remain in the UK.
It is noted that you currently hold leave as a Tier 2 SW General migrant which is valid until the 06 December 2024. If you choose to remain on this route and not pay the IHS fee your application will be rejected and the fee for your ILR consideration will not be refunded.
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Next steps
To enable us to consider your application for permission to stay you must pay the IHS or apply for a fee waiver for the IHS within 14 days of the date of this notice.
How to pay the Immigration Health Charge (IHS)
You can pay the IHS by clicking on the “pay now” link on GOV.UK at:
https://www.immigration-health-surcharg ... 39153AB6F4
You do not need to contact us with this reference number. We will check the payment portal after 14 days to check that you have paid, before deciding your application for permission to stay.
Requesting a fee waiver for IHS
If you want to make a request for the IHS to be waived, you must complete the online form and submit the appropriate supporting evidence within 14 days. Details of how to apply can be found at
https://visas-immigration.service.gov.u ... fee-waiver.
Your application for permission to stay will be decided once a decision is made on any request for an IHS waiver.
If you do not pay the Immigration Health Charge (IHS) or apply for a fee waiver for the IHS within 14 days of the date of this notice, your application for permission to stay will be rejected as invalid. If this happens the application fee you paid for your settlement application will not be refunded.
- I have entered the UK on 3/5/17 (before the curtailment of previous T4 visa and within 6 months after I left) and was granted a short-term study visa on arrival (a stamp on passport that says "leave to enter as a short-term student for six months") I then left the UK to apply for a T4 to finish my studies and entered before the 6 months expiry of the short-term visa.
Daniel
). Will keep you updated. 