Sujonlondon wrote:Dear sir/madam
At this phase I'm very worried Nd anxious due to my ILR refused, and did not give me even appeal right . could u clarify and advise my case facts,
I came in 16 may 2006 having continuous leave to remain until 3rd Mach 2015 on 2nd March 2015 , I hv applied flr FP then home office refused on 20 th July 2015 on that point I have applied 13th August 2015 flr O but on 17 March 2016 HO refused that application followed by that refusal I made another flr O on 23rd March 2016 and finally varied my ILR application on 28 April 2016.
Now HO stating that from 20th July 2015 I'm overstayer, and have gap approx 1 year and refused,
Do you think it's gap, as I have submitted all my application within 28 days , no applications being invalid, all I paid fees and they refused,
Please read my case and advise.
Thanking you
Regards Mahmud
Sorry to hear about your refusal. According to my understanding, all in-time applications are covered under 3c which counts towards long residence. Any duration in which an appeal is being decided also counts towards 10 years as it is also covered by 3c. NOW, if an application is refused with no right of appeal and within 28 days, if someone applies for further leave to remain, if this application is granted, though the time period was not covered by 3c but this period will be disregarded for the purposes of long residence.
In your case, I believe that the application made on 2nd March was an in-time application covered under 3c. On 20 July, as it was decided without right of appeal, 3c leave ended there (since I can't see Admin review/appeal). The next application was an out of time application though within 28 days period of refusal. As it was also refused, I am in very doubt that the period from 20 July was covered under 3c or if it could be disregarded since this application was unsuccessful.
But it is just my own understanding which could be absolutely wrong. I hope a member with a greater understanding will advice better than this. I wish you find a solution of this problem with the help of other members.
