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Riz u r wrong on this statement. Yaser provide a correct statement from Long residency Guidance.riz1986 wrote:28 days overstay is allowed once not like u can overstay for every single application.
for long residence of 10 yrs u r allowed to overstay a maximum of 28 days .
Yaser u r wrong here. If u submit your application after expiry of the visa even one day after its count OUT of TIME. and no appeal right given. As within 28 days of expiry visa so no break in continuity if visa grantedyaser wrote:Gap(s) in lawful residence
You may grant the application if an applicant:
has short GAPS in lawful residence through making previous applications out of time by
no more than 28 calendar days
"Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were nine, 17 and 24 days out of time.
Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less."
Now the confusion is when you apply an application with in 28 days after the expiry of ur visa you application will not be dealt as out of time application . but when you get refusal again for anyother reason u wont get right of appeal as you have applied after your visa expired.
now if you reapply within 28days of that refusal they will still count your application and will grant you visa. then why would your continous leave breaks. as you have had no right of appeal and there was no other way but to reapply.
please someone explains it with the reference will be highly appreciated. if someone has same or similar case please input your experience too. thanks
Before july 2012 rules allowed u to put new application after expiry of visa even more than 28 days.yaser wrote:Thanks Zee Ali
But the question is how did he get the visa when he applied 3rd time after the refusal with in 28 days. Why didnt they refused it on the basis of out of time application??
His circumstances is quite unique and he is lucky that he got the visa. But 10 years long residency point of u he broke his continuityyaser wrote:Thanks Zee Ali
I m still confused. He applied within 28 days after his leave expired . He got refused. He then applied with in 28 days of the refusal letter. He got refusal again on statement issue. He then made fresh application again with in the 28 days of last refusal and got visa...How???? Why wudnt they consider it an out of time application and refused it on that bases???
All three applocations were made in 2013.
DId u apply by your own or through solicitor? What i read in this forum (different cases) if someone win the JR they can apply for Ilr 10 years basis and successfully obtained ILR. As they wrongly refused u in first place.Basra wrote:@Zeeali,
I have red your posts,actually I want to ask you one thing, I have applied 10 years long residency ilr.my second last Psw visa was expired on 9 th March 2013 and I applied tier 1 entrepreneur visa on 13 March 2013 (3 days out of time application) my visa was refused and I applied JR and win the case and got visa. So in my case my visa continuity was break or not? That was only one occasion In my visa history. Please reply, Thank you,