Set (LR) Eligibilty

[regularuser]

Hello Everyone

I am raising this query on behalf of my friend needs your in put.

Enter as a student in Jan 2008
until Dec 2009
Made an application in time student extension Dec 2009
got application back as in valid in Jan 2010 - Photographs are not correct
Return application on same day with new photographs.
college out of list from Tier 4 - inform HO about this in March.

Application refused end of March without right of appeal as out of time application.
Wrote a letter to HO about the situation and reply came as apply new application with new Tier 4 college sponsor letter.

Send PAP as no college giving admission without passport. No update from HO for nearly 3 months.

Found college who gave admission on basis that PAP.
Made a new application in March 2011.
Took very long from HO to consider the out of time application and issue visa until March 2012.
Tier 1 Ent Application made on March 2012
Tier 1 Ent Intial application granted May 2013
Successfully extended application and granted until Dec 2018

He got his wife in UK from August 2008 as a dependent.

He don't have enough Job requirement so

Can he and his wife go for Set (LR) as both finished 10 years now ?
Or there is break in continues leave ?

Any suggestion appreciated.

[regularuser]

Moderators any inputs ?

[regularuser]

I am still waiting to hear from vinny or other moderators.

[physicskate]

Found college who gave admission on basis that PAP.
Made a new application in March 2011.
Took very long from HO to consider the out of time application and issue visa until March 2012.
Tier 1 Ent Application made on March 2012
Tier 1 Ent Intial application granted May 2013
Successfully extended application and granted until Dec 2018

He got his wife in UK from August 2008 as a dependent.

He don't have enough Job requirement so

Can he and his wife go for Set (LR) as both finished 10 years now ?
Or there is break in continues leave ?

Any suggestion appreciated.

Gap - his continuous residence begins once the March 2011 application was approved (not quite clear when that was). There was a break in leave as soon as the application after the invalid application was denied.

[regularuser]

Thank you for the reply.

I thought so but I have read some where here in this forum that there is court judgement related to the invalid photograph reason. HO took time to invalidate the application so if that application get rejected and than applicant's leave will break.

Are you aware of any judgement similar to this case ?

[physicskate]

Thank you for the reply.

I thought so but I have read some where here in this forum that there is court judgement related to the invalid photograph reason. HO took time to invalidate the application so if that application get rejected and than applicant's leave will break.

Are you aware of any judgement similar to this case ?

If the subsequent application had succeeded, continuous residence would have been maintained, according to the court case (I have heard of the invalid thing for photos, payment issues and lack of signature).

[regularuser]

Thanks again,

My friend also send letter and email to HO about the college status change and asked permission to get any admission in other college but HO never replied and refused application in end of march stating college is not in the list and than refused application stating its out of time application.

He wrote a letter to same team and asked for appeal right and they replied get a new COS from the college and make a new application.

He got a copy of SAR and everything is mentioned as above.

So if he and his wife go for one day service write brief cover letter and explained the situating, do you think he may get approval and if not at least he get right of appeal and explained the situation to the judge.

Any comments Please.

[physicskate]

Thanks again,

My friend also send letter and email to HO about the college status change and asked permission to get any admission in other college but HO never replied and refused application in end of march stating college is not in the list and than refused application stating its out of time application.

He wrote a letter to same team and asked for appeal right and they replied get a new COS from the college and make a new application.

He got a copy of SAR and everything is mentioned as above.

So if he and his wife go for one day service write brief cover letter and explained the situating, do you think he may get approval and if not at least he get right of appeal and explained the situation to the judge.

Any comments Please.

My personal opinion is there is a 0% chance of success. It took over a year for their stay to be regularised. It was not the HO's fault about the college... it also doesn't look to me as if your 'friend' was a genuine student if they wanted admission to 'any' college... it is not the HO's problem/ issue/ business about your friend gaining admission...

I would love to hear from others though...

[regularuser]

I am sorry but not agreed, as per my knowledge he was a genuine student. That's why he informed the HO that issue him a letter so he can get admission in other college.

Also as per him he tried so many colleges to get an admission but all colleges required original documents to give an admission. It took him nearly 8 to 9 months to find a college who is happy to give admission on basis that he submitted his PAP and waiting for the HO reply.

If HO informed him before his leave expires so he could have submit his photographs in time.

I think HO hold the application intentionally and than invalidate so he can get appeal right.

anyone aware of any court judgment of similar situation.

[physicskate]

I am sorry but not agreed,

I'm just going by immigration rules here. If you think that is the best course of action, go for it! You don't have to agree with me!!! That' why I stated it is my opinion based on 6 years of involvement in this forum, research etc...

[regularuser]

I was not agree with below line.

it also doesn't look to me as if your 'friend' was a genuine student if they wanted admission to 'any' college... it is not the HO's problem/ issue/ business about your friend gaining admission...

Thanks for advice.

[regularuser]

Hi Vinny,

I found below from one of your post.

Note that from 1st August 2003 until 29 February 2008, they were supposed to request extra details and give you 28 days to respond before declaring an application as invalid.

Effective from 6 November 2014,
34C(b) wrote:
The decision maker may contact the applicant or their representative in writing and give the applicant a single opportunity to correct any omission or error which renders the application invalid. The amended application and/or any requested documents must be received at the address specified in the request within 10 business days of the date on which the request was sent.”.

I will appreciate if you can give your thoughts for above applicant or if you have a copy of judgement relate to this case.

[regularuser]

Hello everyone,

Friend of mine needs your support.

Is someone have a copy of any judgement relate to this case ?

HO Invalidate application for photographs and refused without right of appeal because out of time application. He wants to make ILR (LR) application.

[physicskate]

Note that from 1st August 2003 until 29 February 2008,

Dec 2009

Effective from 6 November 2014,

The dates don't line up to help your friend... In addition, had the application after the invalid application been successful, then continuous residence would have been maintained. As the subsequent application was unsuccessful, continuous residence was broken. I am sorry, but there is just no way around that.

[regularuser]

I appreciate your view.

If HO gave him opportunity to resend the photographs before his leave expires than he don't need to go though this hell also he wrote a letter to HO about the college licence suspended than HO could have gave him an opportunity to get admission in other college.

There may be a case of similar situation of my friend so he can put reference in cover letter when he apply for ILR(LR).

[regularuser]

Hello Everyone

Quick question for my friend.

He can apply for ILR (LR) anytime now as he came in this country in Jan 2008 but the question for his wife she arrived in Sept 2008 in this country. She is eligible to apply ILR now 28 days before 10 years.

So the the question is Can both apply in Set (LR) ?
or any other form for his wife ?

[fami]

Hi,

I am in the same situation. Planning to go for ILR (LR).

Check my post for more details.

[regularuser]

Hi

I went through your post and it seems exactly the same thing happened with my friend but you are lucky as it mentioned in your SAR that they consider your application as in time in June. But the problem in friends case they didn't send any consent letter nor mentioned in SAR to consider as in time. They have granted visa after few letters from Solicitors about the status of PAP. Some solicitors advised that you will be fine as your subsequent leave granted but some says you are overstayer from the refusal of Tier 4 ext application but you can go to the court and explain to the judge so there is good chances.

[CR001]

DO NOT tag your question onto other members topics about ILR refusal. Your post has been removed. See point 12 in the forum rules FAQs (click)

Dear Obie,

I don't want to add my query in to some one's post. Friend of mine is a victim of Home office bureaucracy.

Arrived in UK 2008 student visa until 31/12/2009
Applied extension 11/12/2009 with valid CAS not heard for nearly 1 month. called twice HO for status for bio metric letter not response.
File came back on 14/1/2010 as invalid with photograph reason. also mentioned that correct the photograph with in 14 days but it will consider as invalid,
No update until March, College out of list in March so inform the HO to issue letter to get admission in another college. Tier 4 Ext refused college not on list without right of appeal.
Send letter to provide right of appeal and HO replied get admission and apply again. No college is giving admission with passport or valid visa. Send PAP no update for 3 months. Found college to give admission on basis that PAP filed. Apply new Tier 4 with new CAS and refused again, Send letter again for status of PAP and HO replied they will consider the application and visa issued.

now the question is His 3C broken or re insisted as at the end visa issued ?
he is now eligible for 10 years ILR.

Appreciate your response.