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egoneo
Member
Joined: 29 Nov 2011
Posts: 93
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 Posted: Tue Oct 16, 2012 2:20 am Post subject: please help with gap |
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Hi,
back in 2007 my visa expired on 30th september. i sent my application on the 27th september but was sent back after the expiry due to a box not being checked and they also requested some documents from uni at the time. They gave me 28 days to return it with the documents which i did. My visa was granted on 22nd November. Home office rejected my ilr because they said i didnt have valid leave to remain between 30 sept 2007 and 22 november 2007.
Since my application wasnt withdrawn and fee returned and furthermore they gave me 28 days can i argue this to say that i still had leave to remain? |
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arifahmmed
Senior Member
Joined: 19 Jun 2012
Posts: 372
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| Posted: Tue Oct 16, 2012 4:42 am Post subject: |
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egoneo: please tell us your immigration status from beginning on which you have made your ilr application.
Thanks |
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uksettlement
Sage
Joined: 04 Mar 2012
Posts: 730
Location: London
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| Posted: Tue Oct 16, 2012 5:34 am Post subject: |
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I am assuming that you are on tier 1. Hence, you should appeal against the refusal as your stay was valid even if the application was sent back. You will need proof of the application made on 27th sept and the communication between yourself and UKBA between 27th and 30th Nov.
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Thanks!
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion. |
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egoneo
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Joined: 29 Nov 2011
Posts: 93
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| Posted: Tue Oct 16, 2012 12:10 pm Post subject: |
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| arifahmmed wrote: | egoneo: please tell us your immigration status from beginning on which you have made your ilr application.
Thanks |
Hi thanks for your reply. I came here as a student and have been one since, so now im no a tier 4( general ) visa |
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egoneo
Member
Joined: 29 Nov 2011
Posts: 93
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| Posted: Tue Oct 16, 2012 12:15 pm Post subject: |
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| uksettlement wrote: | | I am assuming that you are on tier 1. Hence, you should appeal against the refusal as your stay was valid even if the application was sent back. You will need proof of the application made on 27th sept and the communication between yourself and UKBA between 27th and 30th Nov. |
hi, thanks for your reply. See previous Im on a tier 4(general) at the moment having just completed my second masters degree.
I do have proof the application was made on the 27th september. In fact in the letter for rejection the home office acknowledge they received an application on the 27th september in time, but when they returned it on 10th of October , it was out of time, but they still allowed me 28 days to return it? and morever they requested more documentary proof which would take time to gather. I thought it would be ok though because of this 28 days allowance |
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wpilr_nov12
Guru
Joined: 07 Mar 2012
Posts: 1775
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| Posted: Tue Oct 16, 2012 12:44 pm Post subject: |
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What is the context of your concern/question? Are you applying for anything? When? How do you qualify?
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egoneo
Member
Joined: 29 Nov 2011
Posts: 93
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| Posted: Tue Oct 16, 2012 1:00 pm Post subject: |
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| wpilr_nov12 wrote: | | What is the context of your concern/question? Are you applying for anything? When? How do you qualify? |
I applied for 10 years ilr long residency category, but it was rejected because of a gap in 2007(see above) which i am arguing wasn't a gap, and want to know whether this argument is valid
Edit: just to also say since i still had right to leave i wasn't given the right to appeal |
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s_raj11
Member
Joined: 08 Oct 2011
Posts: 75
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| Posted: Tue Oct 16, 2012 1:55 pm Post subject: |
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| egoneo wrote: | | wpilr_nov12 wrote: | | What is the context of your concern/question? Are you applying for anything? When? How do you qualify? |
I applied for 10 years ilr long residency category, but it was rejected because of a gap in 2007(see above) which i am arguing wasn't a gap, and want to know whether this argument is valid
Edit: just to also say since i still had right to leave i wasn't given the right to appeal |
I dont think this should be considered as a gap. Why dont you see a lawyer and get their views.
Btw could you post your timeline.
All the best and hope it will be sorted out for you. Please keep us posted with the updates.
Regards |
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egoneo
Member
Joined: 29 Nov 2011
Posts: 93
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| Posted: Tue Oct 16, 2012 2:44 pm Post subject: |
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| s_raj11 wrote: | | egoneo wrote: | | wpilr_nov12 wrote: | | What is the context of your concern/question? Are you applying for anything? When? How do you qualify? |
I applied for 10 years ilr long residency category, but it was rejected because of a gap in 2007(see above) which i am arguing wasn't a gap, and want to know whether this argument is valid
Edit: just to also say since i still had right to leave i wasn't given the right to appeal |
I dont think this should be considered as a gap. Why dont you see a lawyer and get their views.
Btw could you post your timeline.
All the best and hope it will be sorted out for you. Please keep us posted with the updates.
Regards |
thanks, Heres my timeline:
September 1998 - came to uk student visa
October 2003 - 13 day gap in submitting student application (postal strike)
September 2007 - started uni, Gap as application returned even though submitted in time
September 2008 applied for ilr but refused due to 2007 gap fought home office but decided to wait for 14 year ilr
july 2011 finished uni, applied for tier 4 for masters
july 2012 14 year ilr abolished one month before i can apply
been living in the uk throughout this period
as you can see since the 14 year ilr is abolished id be expected to wait till 2017 before applying for ilr.
since home office are steam rolling changes to immigration law i dont want to take the chance again and assume in 2017 the 10 year long residence will be there
i should also note in one of my letters to the home office in 2009, they invalidly stated that i didnt have leave to remain and unless i left i would be removed. not sure whether i should use this as ammunition for their incompetence.
i want to arrange to see a solicitor but wanted to get the views of people on the forum beforehand |
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s_raj11
Member
Joined: 08 Oct 2011
Posts: 75
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| Posted: Tue Oct 16, 2012 2:58 pm Post subject: |
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| egoneo wrote: | | s_raj11 wrote: | | egoneo wrote: | | wpilr_nov12 wrote: | | What is the context of your concern/question? Are you applying for anything? When? How do you qualify? |
I applied for 10 years ilr long residency category, but it was rejected because of a gap in 2007(see above) which i am arguing wasn't a gap, and want to know whether this argument is valid
Edit: just to also say since i still had right to leave i wasn't given the right to appeal |
I dont think this should be considered as a gap. Why dont you see a lawyer and get their views.
Btw could you post your timeline.
All the best and hope it will be sorted out for you. Please keep us posted with the updates.
Regards |
thanks, Heres my timeline:
September 1998 - came to uk student visa
October 2003 - 13 day gap in submitting student application (postal strike)
September 2007 - started uni, Gap as application returned even though submitted in time
September 2008 applied for ilr but refused due to 2007 gap fought home office but decided to wait for 14 year ilr
july 2011 finished uni, applied for tier 4 for masters
july 2012 14 year ilr abolished one month before i can apply
been living in the uk throughout this period
as you can see since the 14 year ilr is abolished id be expected to wait till 2017 before applying for ilr.
since home office are steam rolling changes to immigration law i dont want to take the chance again and assume in 2017 the 10 year long residence will be there
i should also note in one of my letters to the home office in 2009, they invalidly stated that i didnt have leave to remain and unless i left i would be removed. not sure whether i should use this as ammunition for their incompetence.
i want to arrange to see a solicitor but wanted to get the views of people on the forum beforehand |
Thanks for your update. When did you apply for your ILR and when was it rejected?
Regards |
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egoneo
Member
Joined: 29 Nov 2011
Posts: 93
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| Posted: Tue Oct 16, 2012 6:36 pm Post subject: |
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| s_raj11 wrote: | | egoneo wrote: | | s_raj11 wrote: | | egoneo wrote: | | wpilr_nov12 wrote: | | What is the context of your concern/question? Are you applying for anything? When? How do you qualify? |
I applied for 10 years ilr long residency category, but it was rejected because of a gap in 2007(see above) which i am arguing wasn't a gap, and want to know whether this argument is valid
Edit: just to also say since i still had right to leave i wasn't given the right to appeal |
I dont think this should be considered as a gap. Why dont you see a lawyer and get their views.
Btw could you post your timeline.
All the best and hope it will be sorted out for you. Please keep us posted with the updates.
Regards |
thanks, Heres my timeline:
September 1998 - came to uk student visa
October 2003 - 13 day gap in submitting student application (postal strike)
September 2007 - started uni, Gap as application returned even though submitted in time
September 2008 applied for ilr but refused due to 2007 gap fought home office but decided to wait for 14 year ilr
july 2011 finished uni, applied for tier 4 for masters
july 2012 14 year ilr abolished one month before i can apply
been living in the uk throughout this period
as you can see since the 14 year ilr is abolished id be expected to wait till 2017 before applying for ilr.
since home office are steam rolling changes to immigration law i dont want to take the chance again and assume in 2017 the 10 year long residence will be there
i should also note in one of my letters to the home office in 2009, they invalidly stated that i didnt have leave to remain and unless i left i would be removed. not sure whether i should use this as ammunition for their incompetence.
i want to arrange to see a solicitor but wanted to get the views of people on the forum beforehand |
Thanks for your update. When did you apply for your ILR and when was it rejected?
Regards |
September 8th 2008, same day premium peo service. Went with my twin sister who's been here exactly same number of days i have. She gave my twin sister the ilr but told me she wanted a few days/weeks to think about the decision. Like a week or two later was sent a rejection letter |
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sushdmehta
Moderator
Joined: 17 Mar 2006
Posts: 21252
Location: does it matter?
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| Posted: Thu Oct 18, 2012 1:54 pm Post subject: |
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If your application (in 2007) was returned as "invalid" then you would not have been given right of appeal. In such case, making an out of time application wouldn't have made your stay (after 30-Sep) lawful. Making an out of time application after 10 days of becoming an overstayer would have broken lawful residence in context of settlement requirements under long residence.
That said, returning an application as invalid for not "checking a box" is unreasonable. So, consult a competent solicitor for advice regarding further course of action.
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Life isn't fair, but you can be! |
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