Need advice: one 40 days gap for ten years long residence

Hi all,

I am going to apply for the 10 years long residence in the end of this Sep. I have one 40 days gap during the ten years residence.

It was the human resource of my previous employer who helped me apply for the work visa by then. The application was sent on 1 July 2008, and my visa was expired by 30th July, so everything should be fine. However, on 4 Sep 2008, the human resource informed me that the ORIGINAL application envelop has been returned from the royal mail unopened, with a label on it with the date of 8 July 2008, and the not called for option was ticked. So the human resource helped me resend it out again on 5 Sep and explained that the original application envelop was returned with uncertain reasons, and the visa was granted afterwards. So there is a 40 days gap between 30th July to 9 Sep.

I have the photocopies of the letter sent out on 1 July 2008, 5 Sep 2008 and the originally envelop (with a label on it with the date of 8 July 2008, and the not called for option was ticked). I think I can explain this whole process in the reference letter, but a 40 days gap, I am not quite sure about it. Any advice? Should I definitely find a laywer to help me apply for it?

Many thanks.

Was the recipient address (UKBA) correct on the application that you posted (your employer posted on your behalf) in July 2008?

It is unusual that UKBA did not pick up a packet from a PO box number where tens / hundreds of applications are sent every day.

sushdmehta wrote:Was the recipient address (UKBA) correct on the application that you posted (your employer posted on your behalf) in July 2008?

It is unusual that UKBA did not pick up a packet from a PO box number where tens / hundreds of applications are sent every day.

Thanks for your quick reply. I think it was correct. It was the almost the same one they resented the second time. Although I do agree it is unusual that the UKBA did not pick it up. The address on the 1 July envelop is the follows:

UK Border Agency
Leave to Remain - (FLR) IED
PO Box 3976
Sheffield
S1 9BN


And on 5 Sep is

UK Border Agency - (FLR) IED
PO Box 3976
Sheffield
S1 9BN

I suppose it is the same?

I am not an expert but I thought that 10 years legal stay allows to have gaps like this. Isn't it true that you can have a gap up to 6 months between visas if you apply 10 years legal stay, as long as you were not outside UK for more than 18 months in total and no more than 6 months in one go?

Or am I wrong?

In this case, the "gap" being referred to is a "gap between two valid leaves" due to out-of-time application while the applicant remained in the UK.

sushdmehta wrote:In this case, the "gap" being referred to is a "gap between two valid leaves" due to out-of-time application while the applicant remained in the UK.

yes, it is, with the reason explained above. So what do you think, still chance?

Further advice needed.

I have just discovered that this may be because that the deficient postage, so the UKBA didn't pick it up.

Should I continue applying for this? Anyone has similar situations like this?