SET LR REFUSED WITH APPEAL RIGHTS

[LESTOU]

Dear admin & Members,

Please read my Immigration History and reason for SET LR refusal, then suggest to me the success rate of my appeal.

Immigration History

You entered the UK on 16/09/2009 with entry clearance valid from 07/08/2009 until 30/01/2014.
You left UK on 01/02/2014 and applied for entry clearance on 26/03/2014 which was granted from 16/04/2014 until 30/08/2014 and re-entered on 28/04/2014.
You left the UK on 01/09/2014 and applied for entry clearance on 31/12/2014 which was granted from 19/01/2015 until 28/02/2017 and re-entered the UK on 07/02/2015.
• On 31/01/2017 you applied for further leave to remain as a Tier 2 General Migrant which was granted from 07/03/2017 until 14/08/2017.
• On 04/08/2017 you applied for further leave to remain as a Tier 2 General Migrant which was granted from 24/09/2017 until 14/01/2018.
• On 12/01/2018 you applied for further leave to remain as a Spouse which was granted from 16/02/2018 until 09/05/2021.
• On 26/08/2020 you applied for indefinite leave to remain under 10 years lawful residence.

Reason for refusal says:


As can be seen from your immigration history, you did not have lawful leave to remain in the UK from when your leave expired on 30/01/2014 (you left the UK on 01/02/2014 when your leave had already expired) and until you re-entered the UK on 28/04/014. Furthermore, you did not have valid leave from when your leave expired on 30/08/2014 (and again left the UK without valid leave on 01/09/2014) and until you re-entered the UK again on 07/02/2015. As of a consequence, you have not acquired 10 years of continuous lawful residence in the UK.

For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraph 276B(i)(a) of HC395 (as amended).

Please suggest me the success rate and how to proceed with my appeal.

Thanks

[CULLINAN]

You had broken your continuous lawful residence so unfortunately there is not much you can do for its success as the decision is correct.

[poper]

You have not specified the current visa you hold. If you are currently on FLR(M) visa, your best route now is to apply on a 5 year route(5 years minus 28 days after 16/02/2018)

[LESTOU]

I thought the 28 days grace period should be applied to my case, but it is not. The approach that even one or two day’s gap in a ten year period is fatal to an application for indefinite leave does not appear proportionate.

[zeeshi1122]

Hi i believe rules does allow 28 days grace period but in last 1 year there has been alot of confusion in 10 years rule even case workers are confused as well. Better go for appeal is your previous visa still valid or expired?

[CR001]

Hi i believe rules does allow 28 days grace period but in last 1 year there has been alot of confusion in 10 years rule even case workers are confused as well. Better go for appeal is your previous visa still valid or expired?

You are wrong. The op would have had to APPLY abroad within 28 days after leaving the uk with an expired visa. They did not do this on BOTH occasions.

This rules is very clearly stated, with examples, in the long Residence guidance.

[poper]

https://www.gov.uk/government/publicati ... -residence

Check Example 1 on page 15 which fits your case.

[AmazonianX]

I thought the 28 days grace period should be applied to my case, but it is not. The approach that even one or two day’s gap in a ten year period is fatal to an application for indefinite leave does not appear proportionate.

You left UK without valid leave on 2 occasions and reapplied well after the expected period. What proportionality when it is clearly spelt out?

[LESTOU]

I thought the 28 days grace period should be applied to my case, but it is not. The approach that even one or two day’s gap in a ten year period is fatal to an application for indefinite leave does not appear proportionate.

You left UK without valid leave on 2 occasions and reapplied well after the expected period. What proportionality when it is clearly spelt out?

If the policy was so hostile to the job seekers, I would have gone to other countries. Even an overstay of a single day can lead to broken continuity, how is that fair? Things could have gone wrong when planning international traveling.

Thank you to moderators and senior members, your insight is very helpful to my decision. Ok, in my case I have overstayed twice for 2 days back in 2014, which ruined my application. I didn't apply for a new valid leave within 28 days either so 39e doesn't apply. The lesson has been learned and will seek alternative routes.

[vivienne husky]

I'm just wondering, did it consider the time you needed to travel between the two countries? e.g. As the date raised above, is 01/09 simply the entry date of the other country that's stamped on your passport or is it the actual date you left? The UK exit doesn't stamp your passport as I recall.

[LESTOU]

Correct, no stamp back to 2015. 01/09 is the date when I left the UK. When I arrived in my own country it was already 02/09 with an entry stamp. So there is no argument that I can make here.

[vivienne husky]

Correct, no stamp back to 2015. 01/09 is the date when I left the UK. When I arrived in my own country it was already 02/09 with an entry stamp. So there is no argument that I can make here.

Ah, sorry to hear that. Thought there might be an argument to raise there.

[AmazonianX]

Correct, no stamp back to 2015. 01/09 is the date when I left the UK. When I arrived in my own country it was already 02/09 with an entry stamp. So there is no argument that I can make here.

Ah, sorry to hear that. Thought there might be an argument to raise there.

HO and CWs know the rules and are the gate and record keepers.