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Anyone please Manci or Vinny, I will be very thankful to you.bb2012 wrote:Hi Gurus,
Could some one please provide some clarification on this, as I am confused.
My Situation: (1 day out of time application)
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Visa Expiry date 20/02/2005
Applied for extension (Student Batch Scheme) on 21/02/2005
Got extension valid from 14/04/2005
SAR Report shows Application Raised Date 21/02/2005
As above it looks I have 1 day out of time application. Also the gap between visa expiry date and New Visa Valid from date is about
54 Days.
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My question is do I cover under 3c for these 54 days.
I have gone through the guidance notes and have found some confusing information.
Information 1:
Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. 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 a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made.
Information 2:
it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted
Information 3:
An applicant has a single gap in their lawful residence due to submitting an application seventeen days out of time. All other applications have been submitted in time, throughout the 10 years period.
Question
Would you grant the application in this case?
Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less.
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I will be very thankful if some one could provide some clarification on above.
bb2012 wrote:Hi Vinny,
Many thanks for your reply, much appreciated.
Could you please advise in this refusal case,
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"kan31 wrote:
you are seeking indefinite leave to remain on the basis of having completed 10 years continuous lawful residence in the UK,it is noted in your immigration history that you entered the UK on 18 th October 2003.you then have lawful leave in the UK until 30 August 2004 .on 31 August you applied out of time for leave as a student ,however your application was rejected on 10 September as you failed to submit mandatory documentation.on 11 October 2004 you applied out of time for leave to remain as a student,however your application was rejected on 25 October 2004 due to fee issues.on 08 November 2004 you applied out of time for leave to remain as a student ,this time your application was successful and you were issued leave to remain on 11 December 2004 valid until 30 may 2005 .it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted.there for you did not have any valid leave in the UK BETWEEN 30 AUGUST 2004 WHEN YOUR LEAVE TO ENTER AS A STUDENT EXPIRED UNTIL 11 DECEMBER 2004 WHEN YOU WERE NEXT GRANTED LEAVE TO REMAIN IN THE UK,A PERIOD OF 102 DAYS.THERE FOR YOU HAVE NOT COMPLETED 10 YEARS CONTINUOUS LAWFUL RESIDENCE AND YOU DO NOT MEET THE REQUIREMENTS OF PARAGRAPH 276B(i)(a)
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Could you please explain and confirm if I understood this refusal is valid because:
Out of time application was made on 11 October 2004 after refusal on 10 September 2004 (more than 28 days)
Kind Regards