ILR REFUSED applied 10 years residency gap seven month

rizwanpcsir · Post by **rizwanpcsir** » Tue Aug 02, 2011 12:47 am

First of all I would like to say thanks a lot will give advice on my query

I applied ilr (july 2011)based 10 years lawfull residency in uk. Unfortunity my application refused because I had gap seven month details of gap below

Enter uk march 2001 extend visa till january 2006
Applied extenstion january 2006 refused july 2006
Again applied student extenstion in feb 2007 grant visa till january 2012.

So between july 2006 till feb 2007 I have seven month without valid visa.

I sent reconsideration but refused caused seven month lot gap can not exercise disserction leave. I would be very appricate if anyone give me helpfull advice what I should do next to get success in ILR or anyone have smilar my case and got ilr. Please let me know

Kind regards

Post by **vinny** » Tue Aug 02, 2011 1:12 am

Did you appeal in July 2006?

rizwanpcsir · Post by **rizwanpcsir** » Tue Aug 02, 2011 10:33 am

yes i did appeal in july 2006 but refused. thereafter my solicitor sent reconsideration to home office in August 2006 and Novembe 2006 but Home office haven't reply of my reconsideration. Than in Feb 2007 i sent fresh application of student visa extension and it was surprised for me Home office grant my extension even between July 2006-Feb 2007 i don't have leave to remain but i got extension. and now when i applied ILR based on 10 years they refused my application and give reason not valid visa between july 2006-Feb 2007. please help me what i should do?

Post by **vinny** » Tue Aug 02, 2011 10:40 am

When was the final refusal determination of the appeal? Any gap over 10 days is going to be very difficult.

rizwanpcsir · Post by **rizwanpcsir** » Tue Aug 02, 2011 11:53 am

thanks a lot viny
but my solicitor sent reconsideration twice to homeoffice. If any application/request pending in homeoffice whether HO consider applicant legal stay or illegal stay. do you have any information related to this argument if i find out through you it will help me give argument in judicial review.

Post by **vinny** » Tue Aug 02, 2011 12:12 pm

I believe that you continued to have legal stay under section 3C until your appeal was finally determined, withdrawn or abandoned.

adamboston · Post by **adamboston** » Tue Aug 02, 2011 2:17 pm

rizwanpcsir wrote:they refused my application and give reason not valid visa between july 2006-Feb 2007

Did you make Subject Access Request (SAR) prior to your ILR application?

rizwanpcsir · Post by **rizwanpcsir** » Tue Aug 02, 2011 3:08 pm

vinny wrote:I believe that you continued to have legal stay under section 3C until your appeal was finally determined, withdrawn or abandoned.

in my reconsideration i explain 3c law but homeoffice not accept 3c arguments. if you please give me your email i can send you my refusal letters. might you can give me more advice through letters

rizwanpcsir · Post by **rizwanpcsir** » Tue Aug 02, 2011 3:10 pm

adamboston wrote:
rizwanpcsir wrote:they refused my application and give reason not valid visa between july 2006-Feb 2007
Did you make Subject Access Request (SAR) prior to your ILR application?

yes i have got a SAR and there is saying homeoffice not valid visa more than 6 months.

jami · Post by **jami** » Tue Aug 02, 2011 7:17 pm

You are highlighting that after rejection of appeal reconsideration applications were filed and these were pending when new application for student visa was filed and was approved.

Actually reconsideration application (same grounds) is an administrative thing not envisaged in immigration law though some time it works. The concept recognized in law is one stop warning (additional grounds) that why one be allowed to stay.May be your solicitor had filed additional grounds.

By granting you permission to remain the UKBA has impliedly admitted that your additional grounds were convincing. Since on ILR refusal you have not been given right of appeal hence judicial review is the only option. I think it is wroth trying that leaves should have been aggregated.

rizwanpcsir · Post by **rizwanpcsir** » Wed Aug 03, 2011 12:04 am

Thanks a lot jami I really appricate on your advice. Could you give me please more advice I know you much batter understand my case. If I go judicial review what kind of arguments my solicitor should use to win ILR case. Now you know homeoffice refused my ilr based on gap and not accepting legial stay when I sent reconsideration after my student visa appeal dismissed in july 2006. Anything else or similar my case sitution ever pass through life and somebody win case. Please let me know

jami · Post by **jami** » Wed Aug 03, 2011 9:30 am

Judicial Review is primarily domain of Barristers and neither of solicitors nor of OISC advisers though both may assist barristers. Hence consult some barrister preferably through your previous solicitor.
To me it appears to be arguable case as your applications were pending and you were given leave on second application. Considering cost benefit ratio it is wroth trying and the only option.

Why your earlier application was rejected and how this was taken care in second application is wroth sharing and may have a bearing on judicial review. Hence post entire facts

rizwanpcsir · Post by **rizwanpcsir** » Wed Aug 03, 2011 11:38 am

Actually in jan 2006 when I applied my student extenstion was refused reason work more than 20 hours and fail in first year exam. Even I only work more than 20 hours when I had holiday from college unfortunity when I submit my extenstion I lost that holiday letter but secon time when I sent my application in Feb 2007 I sent letter alongwith and also I sent result of my pass exam in which I was fail previous that is homeoffice allow my extenstion on secon application. brother is it possibe if I send of copy of my august 2006 and november 2006 reconsideration letters and current ILR refusal letter and ILR reconsideration refusal letter. Do you have some time to just go through those letters and advice me is it any chance would appear poastive for judicial review? I can send you through your email if you allow me please.

rizwanpcsir · Post by **rizwanpcsir** » Sat Aug 06, 2011 1:52 pm

My solicitor sent pre action protocol for my ILR. As I got student visa till jan 2012 and ilr I had applied base on 10 years residency but homeoffice refused gap 7 month and now my application preparing for judicial review. My question is there is also can happened in judicial review homeoffice detain my student visa?

modanger · Post by **modanger** » Thu Aug 18, 2011 5:58 pm

Hi rizwan,

I have also lodged the JR and waiting for JR are permission on papers. Just to let you know that it is very expensive and you must negotiate in full otherwise your solicitor will charge you unexpected money.

If you have red my previous i am also in a same situation having one gap.

Good luck.

modanger

deeaa1999 · Post by **deeaa1999** » Fri Aug 19, 2011 10:28 am

rizwanpcsir wrote:First of all I would like to say thanks a lot will give advice on my query

I applied ilr (july 2011)based 10 years lawfull residency in uk. Unfortunity my application refused because I had gap seven month details of gap below

Enter uk march 2001 extend visa till january 2006
Applied extenstion january 2006 refused july 2006
Again applied student extenstion in feb 2007 grant visa till january 2012.

So between july 2006 till feb 2007 I have seven month without valid visa.

I sent reconsideration but refused caused seven month lot gap can not exercise disserction leave. I would be very appricate if anyone give me helpfull advice what I should do next to get success in ILR or anyone have smilar my case and got ilr. Please let me know

Kind regards

Hi,

Can I ask you one question? How long did it take for the HO to come back rejecting your reconsideration letter? Your reply will be most appreciated. My ilr has been refused due to one month of VISA GAP that also due to HO. The application was in process. My solicitor has sent a letter requesting reconsideration.

Many thanks in advance

rizwanpcsir · Post by **rizwanpcsir** » Fri Aug 19, 2011 12:02 pm

Dear deeaa

My reconsideration reply from ho I had received with in 3 weeks time

rizwanpcsir · Post by **rizwanpcsir** » Fri Aug 19, 2011 12:06 pm

modanger wrote:Hi rizwan,

I have also lodged the JR and waiting for JR are permission on papers. Just to let you know that it is very expensive and you must negotiate in full otherwise your solicitor will charge you unexpected money.

If you have red my previous i am also in a same situation having one gap.

Good luck.

modanger

Dear modanger

I read your all post in you told your pre action protocoal was accepted by ho what's happened your ilr?

deeaa1999 · Post by **deeaa1999** » Fri Aug 19, 2011 12:15 pm

rizwanpcsir wrote:Dear deeaa

My reconsideration reply from ho I had received with in 3 weeks time

Thanks a lot for quick reply. I have read several cases now where ilr have been rejected due to the gaps.

adamboston · Post by **adamboston** » Fri Aug 19, 2011 12:22 pm

deeaa1999 wrote: My ilr has been refused due to one month of VISA GAP that also due to HO. The application was in process.

Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks

deeaa1999 · Post by **deeaa1999** » Fri Aug 19, 2011 1:33 pm

adamboston wrote:
deeaa1999 wrote: My ilr has been refused due to one month of VISA GAP that also due to HO. The application was in process.
Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks

Exactly. HO took so long to process and I am paying the price for it.

adamboston · Post by **adamboston** » Fri Aug 19, 2011 1:35 pm

deeaa1999 wrote:
adamboston wrote:
deeaa1999 wrote: My ilr has been refused due to one month of VISA GAP that also due to HO. The application was in process.
Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks
Exactly. HO took so long to process and I am paying the price for it.

Did you apply before the expiry of your then leave to remain, if so then why didn't they apply Section 3C in your case which automatically extends the leave until the new visa is granted?

deeaa1999 · Post by **deeaa1999** » Fri Aug 19, 2011 2:13 pm

adamboston wrote:
deeaa1999 wrote:
adamboston wrote:
deeaa1999 wrote: My ilr has been refused due to one month of VISA GAP that also due to HO. The application was in process.
Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks
Exactly. HO took so long to process and I am paying the price for it.
Did you apply before the expiry of your then leave to remain, if so then why didn't they apply Section 3C in your case which automatically extends the leave until the new visa is granted?

That is my biggest question. Why did they not applied section 3C? Its heart breaking. Thats what my solicitor has said in the letter to HO. Don't know what they will come back saying.

rizwanpcsir · Post by **rizwanpcsir** » Fri Aug 19, 2011 2:25 pm

Anybody tell me please what is difference between 3c and 3d.

Reply appriciated

adamboston · Post by **adamboston** » Fri Aug 19, 2011 2:43 pm

rizwanpcsir wrote:Anybody tell me please what is difference between 3c and 3d.

Reply appriciated

Chapter 18 2.3.6:

Section 3C extends leave where a person with leave to enter or remain makes an in-time application (i.e. an application made before their leave expires), but where leave expires before a decision on that application is reached. Where a person has 3C leave, and his/her application is refused, 3C leave continues until appeal rights are exhausted. Section 3C only applies to in time applications.

Section 3D extends it while an appeal is brought and while it is pending and continues until appeal rights are exhausted.

Both 3C and 3D leave count as "existing leave to enter or remain in the UK", and therefore as lawful residence for the purpose of the 10-year Rule.

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ILR REFUSED applied 10 years residency gap seven month

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