I applied for ILR based on long residence and got a refusal letter dated 15 January 2008. I physically recieved the letter on the 14 February 2008 after it went astray. My visa expired on the 31 January 2008. I consulted with solicitors and we submitted for a reconsideration 15 April 2008 which came back refused 7 July 2008.
I am going to leave and seek re-entry to the UK as a work permit holder shortly provided of course that the outstanding work permit applic comes back approved.
I have two issues on which I need clarification:
- 1) What exactly is the concession? Is it possible that under the concession someone who overstayed and left voluntarily before 1 October 2008 could be refused for overstaying but not given a ban? ie. does the concession exempt one from a refusal as a consequence of overstaying or does it only exempt one from the ban?
Or is it the case that since overstaying is to be met by an automatic ban under the postponed new rules the concession which means one is not banned also implies that one is not refused for overstaying under the concession? In other words: I mean if you qualify for the concession you can't be refused for overstaying. Is that the case?
- 2) I have decided to file for Judicial review of the ILR application shortly before I leave. What effect will this have on the application for FLR as a work permit holder? I have checked that this can be done i.e. apply to the high court and then leave. I was hoping that one effect of this would be that ECO cannot refuse me for overstaying as a consequence of the failed ILR as the decision would be outstanding pending the JR hearing. I remember reading some clause about a period of overstaying followed by a grant of leave. Any thoughts on these issues please. I want to try and cover my bases as much as I can.