A query about 10 year route qualifying

[rasellittle]

Hello. I am wondering whether my 10 year for settlement will be qualified or not. As in those years once i applied for visa in December 2008, when my latest visa ran out in the same month. In April 2009, i got refusal due to maintenance. My solicitor asked me to make fresh application. My application was made same month and following month May 2009 i got my new visa.

Any comment will be very much appreciated on this matter that my 10 year count including this period is ok or not. Thanks.

[Lucapooka]

It does sound like a break

[Ged]

It is not clear what your situation was, however, from what you say, it does not sound very good.

Your 10 year period gets pierced in the following cases and more;
-If you apply late in any of the visa renewals, this breaks your lawful stay. There might be discretion applied if you have just one gap which is no longer than 10 days. If your visa application in December 2008 was late by 11 days or more, 10 years lawful stay is broken.
-If you get refused any of your visa extensions and did not respond to it within 28 days, that is another case of a break.
-After getting your visa refused, if you changed your application type within 11 days or more, this will be a break too.

Have a look at this link;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This guidence notes explain how the caseworkers should judge long stay applications. This is where you will find 1001 ways of breaking your 10 years lawful stay as well as a few cases when you can get away with it.

[rasellittle]

Thanks for the reply. The application was made on December 2008 under PSW visa and last visa ran out on 31 December 2008. As because of not meeting the maintenance requirement it got refused on April 2009. A fresh application for PSW was made with proper document within 10-15 days and May 2009 visa was granted. So will this period from January 2009 to May 2009 be considered as break period in 10 year route. Thanks.

[Ged]

It sounds better now.

If you made your PSW application in time, you need to look at the date of your refusal letter. Section 3C of the immigration act extends your previous leave until a decision is made about the PSW which was refused. This means until the date of refusal in April 2008, your previous visa is deemed still valid. After the date of refusal you need to act within 28 days to save the day. If you fixed the problem with maintenance funds and launched a new application within 28 days, your 10 years chain was not broken. There is a very informative case which might be useful for you;

http://www.immigrationboards.com/viewto ... 228#447228

If you read this case you might see some similarities with yours.

[quantum1]

It sounds better now.

If you made your PSW application in time, you need to look at the date of your refusal letter. Section 3C of the immigration act extends your previous leave until a decision is made about the PSW which was refused. This means until the date of refusal in April 2008, your previous visa is deemed still valid. After the date of refusal you need to act within 28 days to save the day. If you fixed the problem with maintenance funds and launched a new application within 28 days, your 10 years chain was not broken. There is a very informative case which might be useful for you;

http://www.immigrationboards.com/viewto ... 228#447228

If you read this case you might see some similarities with yours.

I do not think this is correct. The OP's application was considered and refused instead of being declared invalid. The OP should therefore have 10 days allowed for discretion instead of 28 days. I think its 50-50. Best way to find out is to apply.

So far no-one on this board has been in a similar situation, where they reapply on the same day as they receive the refusal and reported results of how UKBA treat such an application. So its really speculation.

[Ged]

I take your point about 28 days issue, as Rasellittle's situation is not the same with Rogerdodger. I only referred to the simmilarities particularly on the section 3C aspect of his case. However, I would carefully look at the refusal letter Rasellittle has received from the BA in April 2009. In those letters it is generally clear within how many days you have to act and what your options are. If Rasellittle has acted quickly enough it would not be speculation to think that his 10 years long stay was not broken. Here is the UKBA guidance note page 19:

"If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications."

If his solicitor responded quickly enough, he has nothing to worry.

Rasellittle: if you still have this refusal letter, go ahead and check how many days you were given to respond. If you or your solicitor at that time does not have the refusal letter you may want to apply for a SAR as soon as possible to find out.