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Gaps in 10 years

Posted: Sat Apr 07, 2012 5:29 pm
by oziijee
I have few questions.

1. My 10 years are going to complete in Jan 2013. I applied for one my extensions and the payment was declined by the bank. Due to this my application was sent back after the expiry of my visa. I reapplied and attached a covering letter to the application stating reasons for late application. I read that they allow one 10 days gap in Legal 10 year stay. I think I reapplied after more then 10 days of my visa expiry date. Will they count this as a gap?

2. My visa was turned down twice and I had to appeal. One of my friend who applied for ILR recently had one appeal in his 10 year stay. His ILR was turned down on the basis that his visa was expired and he should have left the country and appealed from outside the UK. He has appealed against this. This is also worrying me now as well.

Posted: Sun Apr 08, 2012 5:00 pm
by vinny
1. There is discretion to waive a single gap on less than 10 days. See also Invalid application due to payment problems?

2. If you had won your appeals, then there were no gaps.

Posted: Mon Apr 09, 2012 11:06 pm
by oziijee
thanx for the information

Posted: Mon Apr 30, 2012 11:05 am
by oziijee
vinny wrote:1. There is discretion to waive a single gap on less than 10 days. See also Invalid application due to payment problems?

2. If you had won your appeals, then there were no gaps.
Home office is considering application returned due to decline of payment as gap and are refusing ILR on the basis of ten years. Two of my friends had the same problem...I asked one of them to give me a copy correspondence with homeoffice.

Posted: Mon Apr 30, 2012 11:20 am
by vinny
If refused due to payment problems, then ask for a reconsideration.

If the UKBA cannot prove that you were at fault, then they should grant ILR in line with the recent judgment.