10 Years Rule and Stops The Clock after rejection of visa

[sams99]

Hi,
I arrived in UK on Student visa in Mar-2004
Visa was valid till Mar 2007 .

First Extension submitted in time and got visa for one year.

Second Extension submitted in time and got visa for one year.

Third extension submitted in time and got visa for one year.

Fourth extension submitted in time in Feb-2010 but no answer from HO till May-2010 application returned due to payment card issue.
New application was launched on a new form as new variant of form was released in April 2010. This was rejected because My bank letter for maintenance funds was from Feb-2010 application hence i couldn't claim 10 points on Maintenance funds.

Rejection letter was issued on ICD.4133 on 26 July 2010, no other documents were received except my educational originals. Passport was retained by HO, and i was asked to arrange my travel to my home country.

My Barrister filled a Judicial Review straight away on 31st July 2010.

I waited for any news from my Barrister till I received my BSc Degree in September 2010, then I applied for PSW which was granted on 28 Sept 2010 for two years, currently i am on Tier 4 and enrolled with Highly Trusted Sponsor.

I would like to know if any one can tell me, This break in extension no 4 will cause any problem if I apply for ILR under 10 years rule in 2014, will it Stops the Clock or section 3c will continue? provided it's not abolished by then.

[quantum1]

What was the outcome of Judicial review?

[sams99]

It was withdraw after getting PSW.

[geriatrix]

What was the expiry date of the leave granted under "third extension" that you refer to?

[sams99]

The Third extension expired on 28th Feb 2010 and I applied for 4th Extension by 20th Feb 2010, which eventually resulted in rejection in July.

[geriatrix]

Even if we were to assume that your out-of-time application for leave to remain in April 2010 (second application for fourth extension) was considered as an in-time application (because of payment issues with the initial application) ... which doesn't seem to be the case, as it seems you were not given the right to appeal when this application was refused .... you became an overstayer on 26-Jul-10.

You say you applied under PSW in September 2010, which means the application was made after 28 days of 26-Jul-10, hence continuity of residence is broken.

[sams99]

Hi Sushdmehta,
Thanks for your time I have double checked i actually sent the application on 2nd August 2010 for my psw and notin sept 2010 the visa psw started from 28 sept 2010.

Will this be ok then ?
Thanks

[geriatrix]

Here is the problem that remains ... your second application for fourth extension was not considered as an in-time application and that is why you were not given the right to appeal. This, in other words, means that UKBA considered you to be an overstayer since 28-Feb-10.

UKBA's interpretation may be wrong but you'll need professional legal help to prove so in your settlement application.