ILR Breaks: Time spent between leaves without Section 3C

The request was refused by Home Office.

Dear Home Office,

My question is regarding the continues 5 years lawful residence required for ILR.

The applicant had a Tier 1 Entrepreneur renewal application refused, which was followed by an admin review which was later automatically withdrawn due to the submission of a fresh application.

The applicant made a fresh Tier 1 Entrepreneur application following the refusal of a previous application for leave which was made in-time , the application was made within 14 days of the expiry of an administrative review being withdrawn.

The second/fresh application was successful and visa was granted, but there was a gap of 8 months between this application date and the decision.

I would like to know if these 8 months overstay will be disregarded, and whether the applicant will be eligible to apply for ILR when he/she completes the 5 years from the date of the initial Tier 1 Entrepreneur visa granted. (inclusive of these 8 months).

If not, can you please explain why.

And will this period be considered as a break in continues lawful period ?

Will the applicant be eligible for ILR on the 10 years continues route, if the 10 years is inclusive of those 8 months.

According to the Immigration rule Section 39 E "Exception for over stayers", 39E.
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Yours faithfully,

Sajeer

FOI Requests, Home Office

Dear Sajeer,

 

Please be aware that we have decided to handle your correspondence of 05
April 2018 outside the provisions of the Freedom of Information Act. This
is because it does not meet the criteria for a Freedom of Information
request, as it does not ask for recorded information.

 

Below is a link to the ICO guidance for the criteria for valid requests
under the Act:

[1]https://ico.org.uk/media/for-organisatio...

 

We will provide an answer to your query, but it will be answered outside
of the provisions of the Act.  You should expect to receive a response in
due course.

 

Home Office

FOI Team

 

 

 

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UK Visas and Immigration,

Dear Sajeer,

Thank you for your enquiry dated 5th April regarding ILR Breaks: Time
spent between leaves without Section 3C.

We are unable to advise on settlement applications.
Please use the link below to find out if you can apply for settlement
(also called ‘indefinite leave to remain’) in the UK:
[1]https://www.gov.uk/settle-in-the-uk
If you need any further help or assistance you would need to contact an
independent immigration adviser.
[2]https://www.gov.uk/find-an-immigration-a...

Please note the onus is upon individual customers to ensure that they
satisfy the requirements set out in the guidance material. The guidance
material accompanies each and every application form. UK Visas and
Immigration is not able to give, indicate or advise upon the outcome of
any such application prior to it being given full and careful
consideration.

Directing you to the guidance material is the only advice we can give you.
If you need any further help you should seek independent immigration
advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The
Office of the Immigration Services Commissioner (OISC) regulates
immigration advisers, which mean they must meet certain standards.

Yours faithfully,

Claire Burdon.

UK Visas and Immigration.

 

 

UKVI Contact Centre

Website: [3]www.gov.uk/home-office

 

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References

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https://www.gov.uk/settle-in-the-uk
2. Click to follow link: https://www.gov.uk/find-an-immigration-a...
https://www.gov.uk/find-an-immigration-a...
3. http://www.gov.uk/home-office