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I have another query following on this. My friend went to see a solicitor who did confirm that this is a gap
zchay3e wrote:I have another query following on this. My friend went to see a solicitor who did confirm that this is a gapHe advised him to apply but there is no guarantee of success. My friend then did discuss the option of PSW visa, for which he will be eligible in March, but as he is currently on a student visitor visa, he will need to leave the UK to apply for this. The solicitor did not seem very confident, but did tell my friend that should he leave the UK whilst on a student visitor visa, his long residency will have been broken as this will be deemed as leaving the UK with no intention of coming back (regardless of whether he gets his PSW visa or not). We are really concerned about this, and would appreciate your opinion on this. Does leaving the UK whilst on a student visitor visa break long residency (PS my friend has been on a student visa then tier 4 for 9 years and a half, but reverted to student visitor in the last six months)
1. If he leaves the UK with a valid student visitor visa and comes back within six months with a new visa then the long residence rule is not broken.zchay3e wrote:I have another query following on this. My friend went to see a solicitor who did confirm that this is a gapHe advised him to apply but there is no guarantee of success. My friend then did discuss the option of PSW visa, for which he will be eligible in March, but as he is currently on a student visitor visa, he will need to leave the UK to apply for this. The solicitor did not seem very confident, but did tell my friend that should he leave the UK whilst on a student visitor visa, his long residency will have been broken as this will be deemed as leaving the UK with no intention of coming back (regardless of whether he gets his PSW visa or not). We are really concerned about this, and would appreciate your opinion on this. Does leaving the UK whilst on a student visitor visa break long residency (PS my friend has been on a student visa then tier 4 for 9 years and a half, but reverted to student visitor in the last six months)
rosevilla wrote:I got refusal on my 10 years long resident visa application, please can you send me details, how do i go for HM courts & tribunal service, My current Tier 1 General visa valid until 2016 jan and appeal right did not mention on refusal letter.if you have any solicitor dealing with this kind of issues please send me , In my application I was applied on time application on 15/10/2007 and Home office has sent me refusal letter 21/02/2008 with refusal, and I have applied again as fresh application on 14/03/2008 that was within 28 days and Home office granted visa ,but when I applied 10 years long residency , HO mention I have 170 days gap that was including the date applied in 2007 and second decision on 23/04/2008. they calculated time when the application with HO , That is really unfair .really appreciate your reply
If you have a gap of over 28 days, then a Long residence application is unlikely to succeed.immigrant2015 wrote:Dear All
i am posting my topic on this board hoping to get some answers to my questions - answers to which seem to cost around £350 + from consultants -
i have been in UK since September 2004 - and had Student VISAs to PSW to EEA Family member
only matter of concern for me ( before spending money on SET LR is below )
i have a gap in my visa of 25 Days
My visa history is as below :
STATUS Valid from Valid til
Student 30-Aug-04 30-Sep-05
Student 01-Sep-05 31-Jan-07
Student 02-Feb-07 30-Nov-08
PSW Rej'td 09-Dec-09 PSW Application rejected
Rep1 appealed 17-Dec-09 Appeal submitted againt PSW Refusal
Letter to HO by Rep1 26-Jan-09 that he is no longer acting on my behalf
HO 06-Feb-09 Appeal Dismissed by HO
Appeal rights 16-Feb-09 Appeal rights Exhausted
HO Letter 23-Feb-09 asking to depart by 27-02-09
letter to HO by Rep2 09-Mar-09 explaining misconduct by Rep1
Letter to HO by MP 13-Mar-09 explaining misconduct by Rep1
New Application 20-Mar-09 Resubmitted to HO
Student 03-Aug-09 30-Jun-11
PSW 27-Jun-11 27-Jan-13
EEA 04-Dec-12 04-Dec-17
Hoping to Apply for Indefinate but need to know if having a gap of 25 days from home office letter Issue date and re submission of application will cause an issue for ( same day ) ILR Visa ?
thoughts and suggestions would be much appreciated
Regards
immigrant2015 wrote:Dear All
i have also asked the smae question on Am i Eligible section of this forum and apologize for taking space here
but i would appreciate if some one could help me out please :
i HAVE 31 days GAP in between my visas ( Student 2004- 31 day legal stay gap 2009 - Student - 2011 PSW - 2012 EEA family member )
during these 31 days i had been fully in contact with HO
what are hte chances of me being granted a ILR on LR bases -
any answers suggestions or questions will be much appreicated
Regards
Thanks Vinny.vinny wrote:No. It's false.
immigrant2015 wrote:Thanks Vinny for your reply -
i have managed to dig some paper work out and - and i think what might work in my favour is that -
1- my PSW appeal was rejected solely on FUNDS bases - After refusal i appealed through a Solicitor who pushed me to get a bad quality statement from abroad which i refused and he withdrew my appeal without informing me and wrote to court that he is no longer acting on my behalf -
i found this out a day before the hearing when i rang this solicitors office to confirm - only to be told that he is on holiday -
"and what about my hearing tomorrow" i asked and was told - that was withdrawn - "by who" ? i asked but did not get straight answers from the lady.
2- I then went to our Local MP and submitted a complaint against solicitor and asked if MP could write to HO on my behalf (which he very kindly did) and i was allowed to submit STUDENT VISA extension and not the PSW
3- in 2010 a Judgement was passed by Court of Appeal in SSHD v PANKINA [2010] Civ 719 which meant that any PSW applications that were rejected before a certain date "concluded purely on lack of funds" are to be reviewed by HO.
4- THANK GOD - it was brought to my attention and i re-submitted my PSW application on May-16-2011 and was GRANTED PSW in June 2011 -
POINTS TO CONSIDER
1- After Pankina HO rectified their own error in judgement and rectified it by allowing reviews of applications - its because of that ERROR or say "inconsistency in system" plus Solicitors misconduct - that landed me to position to overstay my VISA by 32 days ( during which time i had been continuously been in touch with HO - even when i got a letter saying that my details will be passed on to Law Enforcement Agency if i do not leave - I rang HO and advised them of what i was intending to do - the lady at the other end of the phone ( being very nice and understanding) advised me that they will delay passing my details on the date by 7 more days- during which time they should have recieved my application.
IN LIGHT OF ALL THAT AND SINCE I HAVE BEEN IN UK for OVER 10 YEARS - can i apply for SET LR ?
Any thoughts/comments/questions are most welcome