Continuity Broken 10 years long residency

[lalo]

Hello all,

I am inquiring about my lawful 10 year continuous residence.

My brief immigration history as follows:

1, Entered the U.K as a student on 10/01/2007 valid until 31/05/2010.

2.Applied for further Tier 4 General student extension. Granted from 24/06/2010 to 5/01/2011.

3.Applied for further extension as PSW . Granted from 27/01/2011 to 27/01/2013.

4. Applied for Tier 1 (Entrepreneur) on 24 January as team.

Refused on 20/05/2013.

Appeal against refusal on 31 May 2013.

Letter received from Tribunal on 3 September about hearing .

Court Hearing on 21 October 2013.

Home office withdraw their Decision on 23 September 2013.

Home office send another refusal on 30 September 2013. unfortunately i did not receive E-Mails from my solicitor on 7 Oct 2013 and 15 Oct 2013 to notify me about second refusal. My solicitor did not lodge an appeal for me as she was without instruction from me.

On 29 November 2013 i received a message from the Home office through Capita to inform me that their record showed i did not have leave to remain in the UK. i contacted my solicitor by telephone and it was then that it was realised that i had not received the emails sent to me in OCTOBER.

I appealed out of time on 2 DECEMBER 2013.

Letter received on 14 FEBRUARY 2014 about hearing date which is 28 March 2014.

Home Office again withdraw their decision on 26 March 2014 two days before court hearing date.

Tier 1 (Entrepreneur) Visa Granted 29 April 2014.

my Tier 1 (Entrepreneur) visa expire in 29 April 2017. but my 10 years going to complete in January 2017.

My Question is..

1. Is my lawful stay continuous?

2. if not what is options for me.




Thanks

[secret.simon]

If your solicitor does not contact you, it is not the Home Office's fault. You can complain to the OISC (assuming that your solicitor was OISC certified) and to the SRA, but that won't make any difference to your ILR case.

Continuity of leave is not broken if you had re-applied within 28 days of refusal. But as you never reapplied, but appealed out of time, I am unsure whether that would be counted as continuous leave.

Be that as it may, your Section 3C leave expired on 30th September 2013 and you were therefore without leave to remain between that date and 29th April 2014. That would be taken into account in any future naturalisation decision, which follows different laws and different rules (naturalisation is not a part of the immigration process).

[lalo]

thanks for replay

is any one else can comment on my case which i can defend.

[lalo]

@All Moderator

please could any one know any previous case (gap more than 28 days and went to court) like mine. please post me a link...... might that is helpful for me in future as a reference

thanks

[lalo]

hi all Moderators

please could you help me out regarding my case as my 10 years going to complete on 10 of January and i can apply 28 days before that is 14 of December. i applied SAR as well but didnt receive yet. is there any hope in my case.

thanks

[Casa]

Moderators don't necessarily have more knowledge than other members (and in some cases less). We simply look after the day to day smooth running of the forum on an unpaid voluntary basis.

secret.simon has already given you good advice.

[yhm75]

Hi
My advice is you request sar report
May be little bit clear on that report
How home offfice case worker notes write down
And then discuss with good solicitor

[yungbuk]

I appealed out of time on 2 DECEMBER 2013.

Letter received on 14 FEBRUARY 2014 about hearing date which is 28 March 2014.

You said you appealed out of time and received a letter for hearing. I am assuming your out of time appeal was accepted. However, it depends on the decision letter of the judge who accepted your appeal. If it's quite obvious from the letter that the fault lies with your solicitors then you have a case and the burden of proof will lie with UKVI if they imply your section 3c to be broken IMO.