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Gap Period between 2 Visas

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sun Mar 14, 2021 9:32 pm

Hi Cullinan,
I am following what we calculated before, which put me in the qualifying period.

Again thanks king Cullinan....


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Sun Mar 14, 2021 9:33 pm

👍
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Re: Gap Period between 2 Visas

Post by CULLINAN » Sun Mar 14, 2021 9:55 pm

Add the guidance in the cover letter also as we discussed earlier. Just a reminder.
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
the date of decision
• any date up to 28 days after the date of application
https://assets.publishing.service.gov.u ... 2.0ext.pdf
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sat Mar 27, 2021 1:33 pm

Hi Cullinan,
Thanks again. In the documents required in the "set O" application, it is asking about:

"Evidence of XXXXX's immigration status in the UK"

and

"Current Biometric Residence Permit for XXXXX"

Are they the same thing to submit or these are 2 different things?

PS: I know I will not submit them now but just to ask and prepare.


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CR001 » Sat Mar 27, 2021 1:36 pm

It's the same thing. Your brp.
Char (CR001 not Casa)
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sat Mar 27, 2021 3:15 pm

Thanks Char...


Regards,
Moal

moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sun Mar 28, 2021 12:25 am

Hi Cullinan,
Sorry again, but I noticed a question in the application, which is a bit of confusion, it is the last one there and about biometric residence permit details;

"Are you able to provide a biometric residence permit (BRP) card with this application?"

1- Yes
2- No, my BRP is lost or stolen
3- No, I have already sent my BRP to the Home Office
4- No, I do not have a BRP for my most recent leave"

Should I choose option 1 and put the details of last BRP we got (ended in January) or should we choose option 4. If we choose 4 we will have:

"Do you have a BRP from a previous stay in the UK? (Required) Yes No"

"Can you provide this with your application? Yes No"

Another thing if we choose option 4, it asked only for "Evidence of XXXXX's immigration status in the UK" not the "Evidence of XXXXX's immigration status in the UK" and "Current Biometric Residence Permit for XXXXX" in the documents.

Many thanks and sorry for any disturbance.


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Sun Mar 28, 2021 2:51 am

Option 1.
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sun Mar 28, 2021 9:09 am

Thanks King Cullinan...


Regards,
Moal

moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Thu Apr 01, 2021 10:16 am

Hi All,
Just an update, we have recived today the acceptance of extension visa. I don't know really what to do in that strange case but it seems the waiving process didn't/won't work. We submit the biometrics for the extension visa on late Saturday and then submit the ILR application on Sunday morning. Could you please let me know your thoughts or what to do about that?

Many thanks...


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Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Thu Apr 01, 2021 11:16 am

moal11 wrote:
Thu Apr 01, 2021 10:16 am
Hi All,
Just an update, we have recived today the acceptance of extension visa. I don't know really what to do in that strange case but it seems the waiving process didn't/won't work. We submit the biometrics for the extension visa on late Saturday and then submit the ILR application on Sunday morning. Could you please let me know your thoughts or what to do about that?

Many thanks...


Regards,
Moal
Sorry to hear it did not work quite well but this is because UKVI did not realise you had applied for a new application. They just considered the extension application instead which is a fault on their end. You should contact HO and raise a complaint. As long you applied for ILR before a decision was made on your extension application, they should consider ILR application. There was another member who had a similar situation. He had to make a complaint. HO withdrew the extension decision and then considered the ILR application.
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Thu Apr 01, 2021 11:23 am

Hi Cullinan,
Thanks for the quick response. Well, I got a couple of questions then;
- Should I contact them over the phone, as I think the guys over the phone are not helpful?
- What if the HO didn't correct that, should I continue with the ILR application I aleady submitted or what?

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Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Thu Apr 01, 2021 11:31 am

https://www.gov.uk/government/organisat ... -procedure

Also, there was a link where the member got extension application decision withdrawn as he had applied for ILR before that but I can not find it on the forum. Can someone please link if you can find it? Thanks.

HO should acknowledge their mistake that they made a decision on extension application when you applied for ILR before a decision was made on extension application. Once they do it, you should complete your ILR application. But you will have to explain the whole situation in the cover letter now.
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Thu Apr 01, 2021 1:14 pm

Hi Cullinan,
Thanks again. As I understood, I should not do a administrative review. Is it correct?

Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Thu Apr 01, 2021 1:21 pm

moal11 wrote:
Thu Apr 01, 2021 1:14 pm
Hi Cullinan,
Thanks again. As I understood, I should not do a administrative review. Is it correct?

Regards,
Moal
Administrative review for what? You got a successful extension decision. The only error HO made was to consider extension application when you already made a NEW ILR application. They should have considered ILR application before a decision was made on the extension application and automatically have withdrawn the extension application.
You need to make a complaint to HO and demand that your ILR application to be considered as it was submitted before a decision on the extension application was made. Plus demand your extension fees and IHS refund in the same complaint.
I believe making an official complaint will sort things out hopefully. Mention both your UANs and details in the complaint obviously.
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Re: Gap Period between 2 Visas

Post by CULLINAN » Thu Apr 01, 2021 1:29 pm

Or possibly maybe for an AR also just to highlight that they should have considered your ILR application instead as it was submitted before the extension application was made?
Maybe someone else can help on this too.... ?
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Re: Gap Period between 2 Visas

Post by CULLINAN » Thu Apr 01, 2021 1:34 pm

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Fri Apr 02, 2021 10:23 am

Hi Cullinan,
Thanks for your help in that. It will be good as you mentioned to have some thoughts from others as well (e.g. Char, Zimba, vinny...etc.)


Regards,
Moal

moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Fri Apr 02, 2021 8:03 pm

Dear Folks,
Just a thought. Should I wait and not submit a complain till the time of the documents submission with the biometrics of the ILR and then raise the issue by then?


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Sat Apr 03, 2021 3:07 pm

FYI

OP trying to do the same thing:
indefinite-leave-to-remain/vary-tier-2- ... l#p2001918

You should raise a complaint and let HO know their error. Leaving it just like that will not do you any good. You must raise a complaint and make HO withdraw their extension decision and offer you refund for extension and IHS. If you carry on with your ILR application, there are chances they will just take it as a new application without realising the error. As long you applied for ILR BEFORE a decision was made on your extension application, HO should consider ILR application instead as it was a variation.
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sat Apr 03, 2021 11:07 pm

You are right King Cullinan...


Regards,
Moal

moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sat Apr 03, 2021 11:20 pm

Hi Cullinan,
Something got into my head, could the reason of what happened because I submitted the ILR a bit late, i.e. at Sunday at 10.30 am? As we submitted the extension visa biometrics on Saturday at 3.30 pm. I thought they are not working on Sunday. Maybe by then they starting to assess the extension visa. What do you think???


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Sat Apr 03, 2021 11:25 pm

moal11 wrote:
Sat Apr 03, 2021 11:20 pm
Hi Cullinan,
Something got into my head, could the reason of what happened because I submitted the ILR a bit late, i.e. at Sunday at 10.30 am? As we submitted the extension visa biometrics on Saturday at 3.30 pm. I thought they are not working on Sunday. Maybe by then they starting to assess the extension visa. What do you think???


Regards,
Moal
No one can answer this now. Usually the decision is made on the same date that is on your approval letter sent via email. So I am assuming that was next week? The best would be to contact the address printed on your approval letter and explain the situation and see if that is sorted.
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moal11
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Re: Gap Period between 2 Visas

Post by moal11 » Sat Apr 03, 2021 11:30 pm

Hi Cullinan,
Yes, the decision was 4 days later through the email. I still have not received the physical card/letter yet. I will raise the online complain.

I am sure I have seen some where they are not working on Sunday...


Regards,
Moal

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Re: Gap Period between 2 Visas

Post by CULLINAN » Sat Apr 03, 2021 11:34 pm

Good luck. Keep us posted.
Most likely it was so close that their systems were not updated to reflect the ILR variation. They should fix this now.
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