ILR 10 yrs/ sec 3c pls help

[summerlady]

Hi all, pls can anyone help with this.

When I was in university, I applied for extension of my student visa on time through my university's international office.
Unfortunately we waited for about three months and there was no reply.
I asked the student office to contact ukba, which they did and was told that the passport has been sent out to the university, but without visa because they needed my sponsors bank details.
This went on for almost a year but all through ukba were very cooperative with the university and apologized for the loss of my passport, since it was there fault.

But they said I need to go court before the can restate my visa. Anyway we went to court, I represented myself though the university prepared every document. I got the decision within two days and before then home office had found my passport and forwarded it to the school. I forwarded it to home office and within 1 week, my student visa was stamped and subsequently I have gotten other visas on time.

My question is will this break of almost 1 year affect my 10 yrs stay. Will sec 3c apply.

Thanks all

[wpilr_nov12]

What else were you given when UKBA returned your passport to uni due to missing bank stmt? Did you get further instruction or a refusal letter?

[vinny]

When did this happen?

If you had successfully appealed, then it seems that Section 3C was triggered (if it had existed at that time).

[summerlady]

No I did not get a refusal letter. I was written a letter requesting for more documents about sponsorship details. But I never got this letter together with my passport as it went missing.

Ukba merely returned my passport after they found it. They had already instructed us to go to court because I was already out of time for the application and to get my visa reinstated. Which the judge granted.

The bank statement was not missing.

[vinny]

ukba were very cooperative with the university and apologized for the loss of my passport, since it was there fault.

Was the apology in writing? If yes, then do you still have a copy?

[summerlady]

No the apology was not in writing, but the apologized to the university.
Pls do you think this stopped the 10yr clock for me.
Do I need to get a SAR?

[vinny]

If the UKBA admitted fault, then it shouldn't affect your 10 year clock. It may be informative to see what SAR contains.

[summerlady]

Pls vinny, what do you mean by if I had successfully appealed then sec 3c would have been triggered.( if it existed)
I will appreciate if you can explain further. Thanks for the input.

[vinny]

Read my given link on Section 3C for more info.

[Greenie]

No I did not get a refusal letter. I was written a letter requesting for more documents about sponsorship details. But I never got this letter together with my passport as it went missing.

Ukba merely returned my passport after they found it. They had already instructed us to go to court because I was already out of time for the application and to get my visa reinstated. Which the judge granted.

The bank statement was not missing.

i think you are confused. Ukba don't instruct people to go to court to get their visa reinstated. In order to go to court they must have issued you with an immigration decision which you appealed. I would suggest you speak to your university, hopefully they have a record of everything.

[summerlady]

Thanks for your response.
Assuming there was an immigration decision ( though I don't have this letter), which was appealed against, does sec 3c apply the period they lost my passport.

[vinny]

Under Section 3C/3D,

leave is extended until the appeal is finally determined, withdrawn or abandoned.

[summerlady]

Thanks vinny, i guess i am covered then.