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Hi, I'm in exactly the same situation - had a 1 month and 15 days gap between EC and the actual entry. Just got a fee refusal letter exactly on the same grounds (as I chased them many times). I feel cheated.troyguy21 wrote:It looks to me some of us might not get a refund!
And I think that would depend on when we left our country of residence after we were given the initial HSMP Entry visa.
This does not apply to those who applied for their initial HSMP visa within the UK.
Take for instance my own case:
HSMP Visa - July 2004
Entry to the UK - Sept 2004 (spent 2 months before travelling to the UK)
First Extension - July 2005 to July 2008 (3 yrs)
Second Extension - July 2008 to July 2011
The second Extension was applied for in order to meet the 5 years qualifying period for ILR and HSMP JR had not been won then.
And now ILR in June 2009 (but backdated to Sept 2008 by HO). This means HO only used my initial UK entry date (Sept 2004).
If I had been allowed to apply for ILR in 2008 (after spending 4 years), I might not have qualified because I would have only spent 3 year 10months by July 2008 - when my visa was to expire. By then I would have only spent 3years 10months which is at least 1 month short ( if I have to consider applying 28days before clocking 4 years). That would mean I have to painfully apply for another extension just because of 1 month.
In view of that, I think I have not received a refund from HomeOffice for the second extension I made in July 2008 (in order to meet the 5years - before JR was won) because I would have been required to apply for a second extension anyway since I would be one month short.
I think some of us are in this category and have not yet received any refund, and will probably not receive any due to the above illustration
If anyone is in this category and has received a refund, then I would be really glad to know.