URGENT ADVICE NEEDED ON 10 YEAR ILR
Posted: Tue Jan 11, 2011 4:48 pm
Dear All,
I came to UK on 24 Dec 2000. I am applying for ILR under 10 year rule before the end of January 2011 (my current leave runs out on 30 Jan 2011).
I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.
During 2005, my visa was expiring on 20 May 2005. I posted the application on the same day i.e. 20 May 2005 using royal mail next day service. I understand posting on the day of visa expiry is acceptable. However, the real concern is not this.
I forgot to sign the enclosed cheque. As a result in the SAR documents I received I can see on 26 May 2005 my case was rejected and it has notes/minutes saying .. Form is valid but application returned because no fee is paid.
I received the returned documents along with a letter giving me 28 days to send the missing items.
I did manage to send them another cheque within the time frame, however, and this is very unfortunate, that my cheque bounced.
They received my cheque around 6 June 2005 and in the SAR file I can see a decision made on 22 Jun 2005 , it was same as above, form is valid but application returned due to reason NO FEE PAID (chq rejected by bank)
Subsequently, I received another letter giving me 28 days to resend the form along with correct payment. This time I sent them the fee using Postal Orders.
In the SAR file I can see, the fee/docs were received on 30 Jun 2005 and case outcome is GRANT and dated 23 Aug 2005.
What concerns me and why I have told you this whole story is the following:
1- In the SAR in case record sheet for the date 23 Aug 2005 when the leave to remain was granted, there is a note saying "Application valid but out of time by 41 days"
Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2005?
2- What about the 28 days given to me on each occassion to provide the missing docs, and on each occassion I have provided them with the docs within 28 days. Can this argument be used to say that, actually the ILR clock has not been broken?
Other than this issue, there is nothing of concern in my SAR. Time is running out quickly, any response on this issue will be highly appreciated.
Thanking you in anticipation.
Roger
I came to UK on 24 Dec 2000. I am applying for ILR under 10 year rule before the end of January 2011 (my current leave runs out on 30 Jan 2011).
I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.
During 2005, my visa was expiring on 20 May 2005. I posted the application on the same day i.e. 20 May 2005 using royal mail next day service. I understand posting on the day of visa expiry is acceptable. However, the real concern is not this.
I forgot to sign the enclosed cheque. As a result in the SAR documents I received I can see on 26 May 2005 my case was rejected and it has notes/minutes saying .. Form is valid but application returned because no fee is paid.
I received the returned documents along with a letter giving me 28 days to send the missing items.
I did manage to send them another cheque within the time frame, however, and this is very unfortunate, that my cheque bounced.
They received my cheque around 6 June 2005 and in the SAR file I can see a decision made on 22 Jun 2005 , it was same as above, form is valid but application returned due to reason NO FEE PAID (chq rejected by bank)
Subsequently, I received another letter giving me 28 days to resend the form along with correct payment. This time I sent them the fee using Postal Orders.
In the SAR file I can see, the fee/docs were received on 30 Jun 2005 and case outcome is GRANT and dated 23 Aug 2005.
What concerns me and why I have told you this whole story is the following:
1- In the SAR in case record sheet for the date 23 Aug 2005 when the leave to remain was granted, there is a note saying "Application valid but out of time by 41 days"
Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2005?
2- What about the 28 days given to me on each occassion to provide the missing docs, and on each occassion I have provided them with the docs within 28 days. Can this argument be used to say that, actually the ILR clock has not been broken?
Other than this issue, there is nothing of concern in my SAR. Time is running out quickly, any response on this issue will be highly appreciated.
Thanking you in anticipation.
Roger