Indefinite leave to remain after the refusal of Tie 1 ext.

[Babattee]

Dear All,

Please can someone help with this. A friend of mine is confused regarding what to concerning the situation below.

*Entry clearance issued on 31 Jan, 2008
* Actual entry into the UK was 9 July 2008
*Applied for 3 years extension to visa on 31 Jan 2010 but was rejected and granted with stamp dated 14 Oct, 2010

From the above scenario, I am of the opinion that he can submit his application for ILR from say 10 June - 14 Oct, 2013.

However, his lawyer maintained that because he was rejected when extending his visa in 0n 31 Jan 2010, the counting has automatically reset itself and he can only apply ILR 3 years after 14 Oct, 2010 i.e Oct 2013.

Please, can someone help in the clarification.

Thank you

[closer25]

Dear All,

Please can someone help with this. A friend of mine is confused regarding what to concerning the situation below.

*Entry clearance issued on 31 Jan, 2008
* Actual entry into the UK was 9 July 2008
*Applied for 3 years extension to visa on 31 Jan 2010 but was rejected and granted with stamp dated 14 Oct, 2010

From the above scenario, I am of the opinion that he can submit his application for ILR from say 10 June - 14 Oct, 2013.

However, his lawyer maintained that because he was rejected when extending his visa in 0n 31 Jan 2010, the counting has automatically reset itself and he can only apply ILR 3 years after 14 Oct, 2010 i.e Oct 2013.

Please, can someone help in the clarification.

Thank you

Correct me if am wrong......this stamp you talking about dated 14/10/10 was that after an appeal or a totally new application. I ask this cos if was an appeal, the home office states that whilst your application is on-going, you remain in the same status as you were. but if this new stamp was from a totally new application after the rejection, then I agree with the lawyer, the recount starts from then.....my opinion

[Babattee]

Dear All,

Please can someone help with this. A friend of mine is confused regarding what to concerning the situation below.

*Entry clearance issued on 31 Jan, 2008
* Actual entry into the UK was 9 July 2008
*Applied for 3 years extension to visa on 31 Jan 2010 but was rejected and granted with stamp dated 14 Oct, 2010

From the above scenario, I am of the opinion that he can submit his application for ILR from say 10 June - 14 Oct, 2013.

However, his lawyer maintained that because he was rejected when extending his visa in 0n 31 Jan 2010, the counting has automatically reset itself and he can only apply ILR 3 years after 14 Oct, 2010 i.e Oct 2013.

Please, can someone help in the clarification.

Thank you

Correct me if am wrong......this stamp you talking about dated 14/10/10 was that after an appeal or a totally new application. I ask this cos if was an appeal, the home office states that whilst your application is on-going, you remain in the same status as you were. but if this new stamp was from a totally new application after the rejection, then I agree with the lawyer, the recount starts from then.....my opinion

Thank you for your response. The stamping is as a result of the success of the appeal not a new application.