GAP but Appointment was requested for in time application.

[pokhreligautam]

Dear Gurus and moderators,
I will be completing my 10 years stay in UK on 25th October 2012 and I would like to know few things in regards to ILR on 10 years stay basis.
I have made all the application in person on time but during one extension on 2005, homeoffice could not book an appointment for me before the expiry date of my visa. I went to Homeoffice on 21st of December 2004 and queued up hours and hours but could not make it through to caseworker and requested for earliest possible appointment before the expiry date of my visa (30th December 2004 )but unfortunately earliest available date was 9th Jan 2005 due to Christmas and New year holidays. I got my visa on the same day on 9th Jan 2005. I am wondering whether i have broken my long residence due to this or not..
I am thinking of making Subject Access request ,would that information regarding my visa appointment be available on SAR file.
I have a spent conviction in UK and i understand i do not need to disclose details but while filling up the application form,
where the question says a) do you have criminal convictions in uk......should i say yes or no....
I would be gratified and grateful to you if you could help me with aforementioned queries and any suggestions or advice in regards to queries.
Regards
krishna

[derlin]

Dear Gurus and moderators,
I will be completing my 10 years stay in UK on 25th October 2012 and I would like to know few things in regards to ILR on 10 years stay basis.
I have made all the application in person on time but during one extension on 2005, homeoffice could not book an appointment for me before the expiry date of my visa. I went to Homeoffice on 21st of December 2004 and queued up hours and hours but could not make it through to caseworker and requested for earliest possible appointment before the expiry date of my visa (30th December 2004 )but unfortunately earliest available date was 9th Jan 2005 due to Christmas and New year holidays. I got my visa on the same day on 9th Jan 2005. I am wondering whether i have broken my long residence due to this or not..
I am thinking of making Subject Access request ,would that information regarding my visa appointment be available on SAR file.
I have a spent conviction in UK and i understand i do not need to disclose details but while filling up the application form,
where the question says a) do you have criminal convictions in uk......should i say yes or no....
I would be gratified and grateful to you if you could help me with aforementioned queries and any suggestions or advice in regards to queries.
Regards
krishna

Hi Krishna,

The gap between 30 Dec 2004 and 9 Jan 2005 is nine days. Therefore, you are within the 10 days gap period where discretion can be exercised. So, you have nothing to worry about. I encourage you to apply for Subject Access Request just to be sure there are no nasty unexpected surprises on your immigration records.

With regards to your second question, I advice you tick yes because the question doesn't specify spent or unspent conviction.

[pokhreligautam]

Thank you Derlin for your kind advice.

[geriatrix]

Hi all. could you please tell me how long is the gap in the following instance.is it 9 days or 10 days. I had a valid visa till 30th dec 2005 and applied in person on 9th of jan 2006. and visa was granted. Thank you

Hi all. could you please tell me how long is the gap in the following instance.is it 9 days or 10 days. I had a valid visa till 30th dec 2005 and applied in person on 9th of jan 2006. and visa was granted. Thank you

It is nine days, but you should be ok, as you are allowed a 10 days gap, between application. Good luck

[quantum1]

The gap in lawful stay is 9 days since you did not have leave from 31st December to 8 January. However the application was made 10 days out of time. This is within the 10 day allowance for out of time applications for which discretion can be exercised to overlook the resulting gap in lawful stay.

[pokhreligautam]

The gap in lawful stay is 9 days since you did not have leave from 31st December to 8 January. However the application was made 10 days out of time. This is within the 10 day allowance for out of time applications for which discretion can be exercised to overlook the resulting gap in lawful stay.

Thank you Loveislovely&Quantum1 for clarifying my query.

[pokhreligautam]

The gap in lawful stay is 9 days since you did not have leave from 31st December to 8 January. However the application was made 10 days out of time. This is within the 10 day allowance for out of time applications for which discretion can be exercised to overlook the resulting gap in lawful stay.

Thank you Loveislovely&Quantum1 for clarifying my query.

Hi all.I have been told that if someone has one single gap for less than 10days and also has spent conviction.case worker does nt use discretion in applicant favour because the applicant has nt maintained the good character. How likely or true is that as i am freaked out by this. He also advised me to apply through solicitor.He is the former successful applicant who applied through Named OISC advisors. Please tell me he is wrong in this. Thank you krishna

[asim72]

Spent convictions do not count. FULL STOP.

Whoever has said whatever they have said to you, need to go to a mental hospital.

[derlin]

The claims of your informant are at best specious. Your gap of broken continuous residence is less than 10 days, and your conviction is spent. Every case is judged by its own merits. In your case your historical conduct in the UK would be considered. Still, your gap and spent conviction are grounds where discretion can be execised. For more, read pages 4, 19-21, 38-39 of this document: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[pokhreligautam]

The claims of your informant are at best specious. Your gap of broken continuous residence is less than 10 days, and your conviction is spent. Every case is judged by its own merits. In your case your historical conduct in the UK would be considered. Still, your gap and spent conviction are grounds where discretion can be execised. For more, read pages 4, 19-21, 38-39 of this document: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you Asim and Derlin.it seems like i might end up in hospital by being so sceptical and constantly worried.Regards krishna