SET(LR) appeals?

[Nightshade]

Hi, I received my decision today, the caseworker refused my ILR but I stead offered me 30 month LTR.

The problem is, I can see that the caseworker had made some mistakes.

First mistake:
-I had a prior visa expire on 30th Jan 2016
-I left UK on 31st Jan 2016, so when I left I was an ovserstayer
-I made a new application outside the UK on 25th Feb 2016 which was granted
- Returned to UK on 7the March 2016

Considering this happened before Nov 2016, the 28 day rule should apply. Yet the caseworker claims that my continuous residency was broken here as I did not have a leave when I left. I believe this is incorrect as there is an example exactly like this in the Long Residence guidelines.




Second Mistake:
-I had a leave curtailed to 18th Dec 2017
-Made an intime application on 15th Dec 2017 and as such had 3C leave until the decision date
-Visa refused on 14th May with grant of an immigration bail (they just ignore this one after this point)
-New application made on 4th June 2018, some 20 days out of time which was later granted on basis of Human rights
- Variation of bail on 17th Aug 2018
-Visa granted on Dec 2018

Here the case worker believes that I had no leave from 18th Dec until 17th Aug when my bail started. I believe this is incorrect as the 3C period should be counted regardless of the application being successful or not. Please correct me if I'm wrong here. The bail on 10th May is not even mentioned in the letter anywhere, whether it was a separate bail or it was something else. Just straight up ignored, it's also not present in the SARU records I pulled from home office. Yet I have a bail document at hand dated 10th May 2018.

Granted the whole thing with bail may be debatable, and people may say it's not counted (my lawyer said it should).but I'm not concerned about that one. What I'm asking here is hasn't the caseworker made an error when it comes to counting the 3c leave and the period of overstaying prior to Nov 2016?

Additionally, I'm not sure how I can appeal this as they are already giving me 30 months LTR on basis of Human rights.

[CR001]

This doesn't match your previous topic details?

So which dates are the real/true story?

indefinite-leave-to-remain/set-lr-conti ... l#p2023597

[Nightshade]

This doesn't match your previous topic details?

So which dates are the real/true story?

indefinite-leave-to-remain/set-lr-conti ... l#p2023597

My apologies.
For this post I kind of pulled the dates from memory.

I'll start off with the Jan 2016 issue. I did not bring it up in the previous thread because I didn't think it even mattered as I made an application within 28 days of my leave expiring and returned to UK within 6 months of leaving. There is an example in the LR guidelines that's exactly like this wherein a person leaves UK after their leave has already expired, but applies put of country within 28 days of expiry and returns within 6 months....as long as it happened before Nov 2016, which in my case it did.


Regarding the dates.

15th Dec 2017 - FLR(FP) application made in time

18th Dec 2017 - Tier 4 leave expired/curtailed, 3c leave begins (But home office says my continuous residency ends here)

15th May 2018 - My May 2018 refusal for the 15the Dec 2017 application was actually dated 10th May on the letter, however Home Office adds +2 working days to that and discounts weekends on top to count the actual date of refusal. 12th and 13th May 2018 were Saturday and Sunday. Which would bring the date of refusal to 15th May. I did not consider 12th and 13th May being the weekend when I made my previous thread hence the discrepancy of date here. So the date of refusal here should be 15th May 2018. Section 3c leave ends here.

This same refusal was accompanied by a bail letter that I physically have with me. But strangely this bail letter is not mentioned anywhere in my SET(LR) decision, nor is it mentioned anywhere in my SARU data that I got from Home office. Even if it was cancelled it should have been mentioned in the SARU considering every fine detail is me tioned there.

4th June 2018- I made a new FLR(FP) application

17th Aug 2018 - I got another variation/grant of Bail letter. This one is actually in SARU. And the home office considers my lawful residence to start here. Based on the SARU, they had not decided my application by this time and we're still getting second opinion on it. So this bail was not issued as a response to the refusal that followed 6 days later.

23rd Aug 2018 - Refusal of my June 2018 application

6th Sep 2018 - Appeal submitted

19th Nov - Appeal granted


I hope that clears that up.
Home office rejected my ILR claim based on these two points:

1) I broke my lawful residence in 30th Jan 2016
2) I did not have any lawful residence from 18th Dec 2017 to 17th Aug 2018

I believe there is some misunderstanding on the case worker's part here or error in application of law.

[Nightshade]

So I decided to accept the 30 months LTR.

After having spoken to a lawyer it seems I cannot accept Home Office's offer and still challenge it by initiating a PAP (based on the grounds that the length they are giving me is incorrect), as by accepting it there is no "refusal". Atleast that's what the lawyer I've spoken to thinks, does anyone here know if it's possible to do a PAP on an application that gets granted but with different results than what was the application was initially applied for?

It seems the easier option is to simply protect my current status with the 30 months LTR and then apply for a new SET(LR) but clearly outline the counter points to the grounds that my original application was refused on. Even if I could PAP the decision, it'd end up costing me about the same in lawyer fee and all as a new SET(LR) application.

They left me in a bind here by not giving me any appeal rights and had I chosen to PAP the decision without accepting their LTR offer, it'd have left me with no 3c leave thereby taking away my working rights.