Appeal lost at Upper tribunal, what next steps to take?

[Aurora23]

Hi, I am new here, but been reading posts for quite sometime.
Im just going to explain the situation.
My first visa was granted in January 2003, I came to UK as a student. I've done my bachelor, then masters then had Post study visa, and eventually switched to accounting, so continued to study. In 2013 I completed my 10 years LR, but I applied only in October 2014, because I still had student visa, that did expire in May 2015. My ILR refusal came in April 2015. The reason is that I have a gap of 73 days in 2008. My visa was exerting 25/03/08, so I was due to renew my visa. This is the chronology from 2008:

22/03/08 applied for leave to remain as a student, on 27/03/08 application was rejected, due to a fee issue.
31/03/08 re-applied , application was refused on 27/04/08 without right of appeal (invalid, out of date).
11/05/08 departed UK, 30/05/08 submitted documents, 4/06/08 visa was granted, 7/06/08 returned to UK as a student.
Im arguing my gap at court. FT extract: Had the respondent taken fees at that time, the appellant would certainly qualify for ILR. Had the respondent acted more promptly with fresh application, then the appellant would have been in a position to have made a n out of country application within 28 days of her leave expiring and therefore would still have qualified with continues leave. Even though i provided evidence, and it was accepted that i had more than sufficient funds, the judge ruled that the burden of proof lies with the appelant. Appealed to UT, used Basnet case about validity application, appeal was dismissed, they found no error of law, they said that it my responsibility to make correct application, even though i provided record sheets where it shows that Home Office sent me new form, so obviously I applied.

there is nothing else to it, the case is straightforward, but appeals are being dismissed. Please share your thoughts and experiences, I would be grateful. Thank you

[CR001]

My understanding is that you only have continuous residence if you LEFT the UK with valid leave and submitted a new application from home country and then returned within 180 days of leaving.

You left the UK after you leave expired.

[Aurora23]

yes, that is correct, but
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 das, and
meets all the other requirements for lawful residence.
You can use your judgement and use discretion in cases where there may be exceptional reasons why a single application was made more than 28 days out of time. For example, exceptional reasons can be used for cases where there is:

a postal strike
hospitalisation, or
an administrative error made by the UK Border Agency.

Im arguing administrative error, my passport was with Home office for the majority of this gap, also i have mentioned the extract from FT decisions they did accept that i could qualify if HO had taken fee or acted more promptly with fresh application.

[CR001]

I am fairly certain that what you are quoting is for applications made WITHIN the UK whereas you left and applied from home country.

See page 14, example 1 of the case worker instructions.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

Your visa expired on 25 March 2008, left the UK on 11 May and applied for a new entry clearance on 30 May 2008 with visa granted on June.

[Aurora23]

Thank you for replies.

Im quoting it from the website freemovement.org

I do have a gap, but what im trying is to argue why i do have this gap, there was an administrative error, the first application was refused based on fee, the court accepted that i had enough funds, but the responsibility for not taking fee properly fell on me, hence we used Basnet case to prove validity of my second application, which was rejected because it was out date. When they failed to take fees they rejected my application, but provided with new form, so applied again, second time was rejected because it was out of date. So technically my passport was with them from March 22nd to 11th of May. All this time that they had my passport could have been used to make travel arrangements, i would be in a position to use 28 days rule.

[Aurora23]

UT says that even though they provided me with new form it is my responsibility to make correct application. I've spent 3 years in courts now, fighting this error, i do not understand why i should take all responsibility. Because technically it took only 4 days to get new visa. I've never had any problems not before nor after March 2008, to this date im here for more than 14 years now.

[probleminuk]

UT says that even though they provided me with new form it is my responsibility to make correct application. I've spent 3 years in courts now, fighting this error, i do not understand why i should take all responsibility. Because technically it took only 4 days to get new visa. I've never had any problems not before nor after March 2008, to this date im here for more than 14 years now.

Hi aurora
Would you mind tell me please how long upper tribunal court take to decide the permission to appeal application?