Did my 10 years legal residence break? kindly help!

[ajek01]

Hi there

My question is relating to continuity of legal residence
I would like to apply for ILR next year but not sure if my legal stay was broken 5 years back... Here was my timeline for a student visa extension back in 2008...


My student visa expiry was on 31/08/2008
Applied for student extension 26/08/2008
Acknowledgement letter 29/08/2013
Application received by HO 28/08/2008

Application returned as invalid 16/09/2008

(The reason was out of date application form was used , but the HO deducted the fee and attached a new application with a reference that “fee has already been deduced”, HO also provided 28 days to submit with a new application)

New application submitted 18/09/2013

Acknowledgement letter 22/09/2013

Further documents asked 10/10/2008 (within 14 days)

Further documents provided 22/10/2008

Application approved 10/11/2008

Given the above scenario, could the experts please comment if my continuity is ok...because I am really confused with this issues

Kind regards

Ajek

[Amber]

See the Long Residence Guidance (click) at pages 20/21

[ajek01]

My student visa expiry was on 31/08/2008
Applied for student extension 26/08/2008
Acknowledgement letter 29/08/2013
Application received by HO 28/08/2008

Application returned as invalid 16/09/2008

New application submitted 18/09/2013

Thanks Guru for your reply and sending me a very informative link

And I understand that in my case legal residence is not broken since all out of time applications before 9 July 2012 is ignored...

Could I still ask you if in the above scenario - was it an ‘out of time application’? Considering the fact that my initial application was an in time application and the HO also gave me 28 days to send a new application..

Many thanks
Ajek

[Amber]

The first was an in time application, the second was out of time but within 28 days of the decision of invalidity for the in time application.

[Universal soldier]

This dilemma in underlined writing no expert can be able to throw clear light on it as whether before 9th JULY the period of overstaying can be more than 28 days. Is that this underlined writing indicate:


This page tells you about ‘out-of-time’ applications submitted for 10 years long residence
applications.
The Immigration Rules were amended with effect from 1 October 2012. The changes affect
applications which were made on or after 9 July 2012 and are decided on or after 1 October
2012.
If the continuous residence period includes periods of overstaying before further leave being
granted before 1 October 2012, you may disregard these periods for indefinite leave to
remain (ILR) provided the period does not exceed 28 days.
For applications made before 9 July 2012 there is no requirement for applications for
indefinite leave to remain (ILR) to be made ‘in-time’ under the 10 years long reside[/color]nce rules[/size].
For applications made on or after 9 July 2012 an applicant applying for an extension of stay
or indefinite leave to remain (ILR) on the basis of long residence must not be in breach of
the Immigration Rules. However, for the purposes of the application a period of overstaying
of 28 days or less on the date of application will be disregarded.

[vinny]

Do you know when was the starting date of the new form?

You should probably be okay. If they had continued to consider the initial application as invalid, then they would have refunded the initial fees.

[ajek01]

Do you know when was the starting date of the new form?

You should probably be okay. If they had continued to consider the initial application as invalid, then they would have refunded the initial fees.

Hi Vinny

Unfortunately, the new form was out before I had applied initially on 26/08/2013

I would still want to look at my case critically and would like to establish even if case worker does not favour much, would I still survive?

And so could I please ask you couple of questions below:

1) When my application was sent as invalid on 16/09/2008, was I technically an overstayer from 31/08/2008

2) If I was indeed an overstayer from 31/08/2008, until which date I was an overstayer? Is it until when I have made my second application on 18/09/2008 (with correct form) or until when the final decision was made on 10/11/2008?

Thank you so much in advance

Kind regards
Ajek

[Amber]

Do you know when was the starting date of the new form?

You should probably be okay. If they had continued to consider the initial application as invalid, then they would have refunded the initial fees.

Hi Vinny

Unfortunately, the new form was out before I had applied initially on 26/08/2013

I would still want to look at my case critically and would like to establish even if case worker does not favour much, would I still survive?

And so could I please ask you couple of questions below:

1) When my application was sent as invalid on 16/09/2008, was I technically an overstayer from 31/08/2008

2) If I was indeed an overstayer from 31/08/2008, until which date I was an overstayer? Is it until when I have made my second application on 18/09/2008 (with correct form) or until when the final decision was made on 10/11/2008?

Thank you so much in advance

Kind regards
Ajek

You should be ok.

[vinny]

Do you know when was the starting date of the new form?

There was a reason why I asked.

On 09/06/2008, FLR(S) was version 04/2008.
On 06/08/2008, FLR(S) was version 04/2008.
On 06/09/2008, FLR(S) was version 08/08
On 23/10/2008, FLR(S) was version 08/08

Therefore, a change in form happened after 06/08/2008 (probably on/after 18/08/2008). You made your initial application on 26/08/2008. There's a difference of no more than 20 days. Therefore, you are covered under

Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

As there were no changes in fees, they were actually mistaken in stating that the initial application was invalid. Therefore, you hadn't overstayed.

[ajek01]

Do you know when was the starting date of the new form?

There was a reason why I asked.

On 09/06/2008, FLR(S) was version 04/2008.
On 06/08/2008, FLR(S) was version 04/2008.
On 06/09/2008, FLR(S) was version 08/08
On 23/10/2008, FLR(S) was version 08/08

Therefore, a change in form happened after 06/08/2008 (probably on 18/08/2008). You made your initial application on 26/08/2008. There's a difference of no more than 20 days. Therefore, you are covered under

Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

As there were no changes in fees, they were actually mistaken in stating that the initial application was invalid. Therefore, you hadn't overstayed.

Hi Vinny

I have just gone through all of my applications and found the following

I actually applied initially on 26/08/2013 with Version (02/2008) unfortunately

Does that mean I had overstayed from 31/08/2008 until when I have my second application on 16/09/2008 (with correct form) or until when the the application was approved which is 10/11/2008?

appreciate your time Vinny

Kind regards
Ajek

[vinny]

Wow! How did you manage to do that? Did you download the form months in advance?

[ajek01]

Hi Vinny

I was given the form from the college, which I did not double check unfortunately.

When UKBA invalided and attached a new form to fill in on 16/09/2008, the case worker attached version 04/2008 to fill in.
But interestingly enough, obviously the version they attached was also invalid since the version 08/2008 was out by that time.

So then I had to write a covering letter explaining why I have not filled in their (UKBA’s) attached version but 08/2008!

Anyway Vinny could you please help me out with following question please...

Does that mean I had overstayed from 31/08/2008 until when I have my second application on 16/09/2008 (with correct form) or until when the the application was approved which is 10/11/2008?

Kind regards
Ajek

[vinny]

Even if they had maintained that your initial application was invalid, I agree with Amber that you are still okay. You sent the new application within 28 days of being notified that your initial application was invalid.

So, you should still be okay under 7.18 and

(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.