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Urgent Advise Regarding ILR on 10 Augest

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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IGLESIAS2929
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Posts: 3
Joined: Tue Jul 26, 2016 10:35 am

Urgent Advise Regarding ILR on 10 Augest

Post by IGLESIAS2929 » Tue Jul 26, 2016 10:46 am

Dear All,

Please advise me on below topic i will be really great ful to you.

Current on Tier 1 & Extension Still pending
10 year completing on 10th of August 2016( 2 weeks left)

I have applied Tier 4 Student visa on 2010 ( expiry date was 31 March 2010 applied on time)
Bank declined my payment for some security reason and i have received my application back from home office on 22JUNE 2010.

Re applied with covering letter also my passport was expired as well. I have applied 9th August 2010

My solicitor saying that i have applied after 28 days and which will effect my long residency.

Requested SAR and they mentioned few things please see below...

visa applied 29 March 2010 on time
Application return as Reject due to payment declined and send it back on 22 June 2010

Re applied and Application received 09 August 2010( Application Status ON TIME)

Visa granted on 05 September 2010

what will be the circumstances your advise would be helpful for me

Please do guide me with this matter i will be really great full to you...


Kind Regards
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IGLESIAS2929
Newly Registered
Posts: 3
Joined: Tue Jul 26, 2016 10:35 am

Re: Urgent Advise Regarding ILR on 10 Augest

Post by IGLESIAS2929 » Tue Jul 26, 2016 2:08 pm

IGLESIAS2929 wrote:Dear All,

Please advise me on below topic i will be really great ful to you.

Current on Tier 1 & Extension Still pending
10 year completing on 10th of August 2016( 2 weeks left)

I have applied Tier 4 Student visa on 2010 ( expiry date was 31 March 2010 applied on time)
Bank declined my payment for some security reason and i have received my application back from home office on 22JUNE 2010.

Re applied with covering letter also my passport was expired as well. I have applied 9th August 2010

My solicitor saying that i have applied after 28 days and which will effect my long residency.

Requested SAR and they mentioned few things please see below...

visa applied 29 March 2010 on time
Application return as Reject due to payment declined and send it back on 22 June 2010

Re applied and Application received 09 August 2010( Application Status ON TIME)

Visa granted on 05 September 2010

what will be the circumstances your advise would be helpful for me

Please do guide me with this matter i will be really great full to you...


Kind Regards
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cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: Urgent Advise Regarding ILR on 10 Augest

Post by cs95tdg » Tue Jul 26, 2016 2:39 pm

IGLESIAS2929 wrote:Requested SAR and they mentioned few things please see below...

visa applied 29 March 2010 on time
Application return as Reject due to payment declined and send it back on 22 June 2010

Re applied and Application received 09 August 2010( Application Status ON TIME)

Visa granted on 05 September 2010
It may help if you can state when you received the application that was returned by the HO on 22 June 2010. Or is that the date you received it in the post? Or if not is there a specific reason why the re-submission of the application took over a month?

You mention that it says 'Application Status ON TIME' - is this mentioned on the HO SAR records sent to you?

It's true that if you normally have a gap of over 28 days then that breaks continuous residence. But there may be specifics around invalid applications/declined payments which you need to check to understand whether your circumstances would in fact result in such a break.
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IGLESIAS2929
Newly Registered
Posts: 3
Joined: Tue Jul 26, 2016 10:35 am

Re: Urgent Advise Regarding ILR on 10 Augest

Post by IGLESIAS2929 » Sat Jul 30, 2016 2:42 pm

Application received from HO end of june.
I have written the covering letter to HO regarding the late submission
Passport Expired
Having final exams and have attached the exams sheets
Bank letter they have mentioned that payment has been declined for security reason.

SAR form says application status is on time. which i applied on 09-08-2010

please advise what should i do now?
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cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: Urgent Advise Regarding ILR on 10 Augest

Post by cs95tdg » Sat Jul 30, 2016 7:49 pm

IGLESIAS2929 wrote:Application received from HO end of june.
I have written the covering letter to HO regarding the late submission
Passport Expired
Having final exams and have attached the exams sheets
Bank letter they have mentioned that payment has been declined for security reason.

SAR form says application status is on time. which i applied on 09-08-2010

please advise what should i do now?
Based on that then the application re-submission was after 28 days from when it was returned as invalid.

Based on the continuous residence guidance a break of 28 days would be considered a break. See following for further info. https://www.gov.uk/government/uploads/s ... ds-v13.pdf

However as your SAR record appears to indicate that the application was in-time, it's unclear if there was a break or if discretion was applied due to some reason, to consider the application as made in time.
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