continuity

[Bluestone999]

hi
i was on PSW and apply for T1 but refused and apply for appeal.
unfortunately i lost appeal and i applied for permission to appeal for Upper Tribunal but they refused my request for appeal to Upper Tribunal.
Now i made a fresh case and send within 28 days,
i am concerned that if i get visa my continuity will be restored?
What is my current legal status?
Am i allowed to work for someone else?

you advise will be highly appreciated.
Thanks

[Mrchaany]

Hi Bluestone

Sorry for any refusal, if you lodged an Appeal in Time each and every occasion within 28 days, will not effect your continuity.
Your status will remain same as PSW, but as for as work as concern you are allowed for your business or businesses, work for someone as is also allowed under PSW, but how long you waiting for decision.

regards

[zimba]

hi
i was on PSW and apply for T1 but refused and apply for appeal.
unfortunately i lost appeal and i applied for permission to appeal for Upper Tribunal but they refused my request for appeal to Upper Tribunal.
Now i made a fresh case and send within 28 days,
i am concerned that if i get visa my continuity will be restored?
What is my current legal status?
Am i allowed to work for someone else?

you advise will be highly appreciated.
Thanks

I am no expert in the appeal process so it will be good to hear others comment on this too. As far as I can see, you would be covered by section 3C ONLY under these conditions:

1) You lodged a Tier 1 Ent application BEFORE your PSW visa expired and then you received a refusal decision AFTER your PSW expired, and
2) you applied for your appeals on time, and
3) the appeal decision on your application is pending (to be decided/heard).

As long as section 3C applies, you retain the same rights as your PSW visa.

However Section 3C leave ends as soon as you exhaust your appeal rights or when you withdraw your appeal (obviously you should have no appeal pending if you want to apply for a new application) At this time, you do NOT have an application any more and you become an over-stayer as your previous visa is not valid.
You lodged a new Tier 1 application within 28 days of becoming an over-stayer but your immigration status remains an over-stayer and you have no rights to work. This is because you applied for a new application when you had no visa and section 3C will not apply to you any more. Even if your new application is successful, your continuity of stay in the UK is broken.

[yhm75]

[quote="Bluestone999"]hi
i was on PSW and apply for T1 but refused and apply for appeal.
unfortunately i lost appeal and i applied for permission to appeal for Upper Tribunal but they refused my request for appeal to Upper Tribunal.
Now i made a fresh case and send within 28 days,
i am concerned that if i get visa my continuity will be restored?
What is my current legal status?
Am i allowed to work for someone else?

you advise will be highly appreciated.
Thanks[/quote/]

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:
 the applicant must have at least 10 years continuous lawful residence in the UK
 there must be no reason why granting leave is against the public good
 the applicant must meet the knowledge of language and life requirement
 the applicant must not fall for refusal under the general grounds for refusal
 If the application was made after 9 July 2012 the applicant must not be in breach of immigration laws, except for any period of overstaying for 28 days or less which will be disregarded
 if the application was submitted before 9 July 2012 periods of overstaying are not subject to the 28 days or less rule, however you can disregard a period of overstaying up to a maximum of 28 days in line with the current Immigration Rules.

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.

Periods of overstaying
When refusing an application on the grounds it was made by an applicant who has overstayed by more than 28 days, you must consider any evidence of exceptional circumstances which prevented the applicant from applying within the first 28 days of overstaying.

Indefinite leave
The applicant must meet the following requirements:
 The applicant must have:
o 10 years continuous lawful residence
 There are no reasons why it would be against the public interest to grant leave, taking into account the applicant’s:
o age
o strength of connections to the UK
o personal history, including character, conduct, associations and employment record
o domestic circumstances
o compassionate circumstances
o any representations received on the person’s behalf
 The applicant must meet the knowledge of language and life requirement.
 The applicant must not fall for refusal under the general grounds for refusal.
 If the application was made after 9 July 2012 the applicant must not be in breach of immigration laws, except for any period of overstaying for 28 days or less which will be disregarded. Or
 If the application was submitted before 9 July 2012 periods of overstaying are not subject to the 28 days or less rule, however you can disregard one period of overstaying up to a maximum of 10 days.