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Need some help with ILR refusal based on GAP

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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kay040
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Need some help with ILR refusal based on GAP

Post by kay040 » Mon Nov 11, 2019 12:56 pm

Hi,

on 1st of November I applied for the ILR on 10 years basis in premium service and it was rejected saying I had a gap in my continuous stay.

Here is my immigration history:

- I entered in UK on 24/11/2009 on T4 general student valid from 26/08/2009 until 31/12/2010.
- On 18/12/2010 I applied fro further leave to remain as T4 general student which was granted until 01/06/2011
- On the 26/03/2011 I applied for PSW which were granted until 16/05/2013
- On the 16/05/2013 I applied for T1 Entrepreneur
but were refused on the 01/06/2013 with a Right of Appeal.
- I Appealed out of time on the 05/08/2013 (will explain this)
- My appeal was dismissed on the 01/04/2014
- I sought permission to challenge the decision of 1st Tier Tribunal on 10/04/2014
- I withdrew my request on 29/04/2014
- On the 02/05/2014 I applied for T1 Entrepreneur and were granted until 12/06/2017
- On the 08/06/2017 I applied for T1 Entrepreneur and were granted until 05/10/2019
- On the 05/10/2019 I applied for ILR as a T1 Entrepreneur but have withdrawn that application in favour of my last application for ILR on 10 years basis on 27/10/2019.

.............................................................................

The reason for rejection was: It is noted that your application of 16 May 2016 as as T1 Entrepreneur was refused on 01 June 2013. The relevant documentation was posted to you on 03 June 2013. Applicants are given 10 working days (2 Weeks) to submit a valid in time appeal, giving as in time Appeal dated of the 17th June 2013.

It is noted your appeal was submitted on the 05/08/2013, this was therefore out of time.

Your appeal was dismissed on the 1/4/2014 and you then sought permission to challenge this decision a the 1st Tier Tribunal on 10/04/2014.

However on the 29/04/2014 you withdrew your challenge and subsequently submitted an application for leave to remain as T1 Entrepreneur on 2/5/2014.

This application was successful and you received leave to remain in the UK from 12 June 2014 until 12 June 2017.

Consequently it can be seen your 3C leave ended on the 17 June 2013 as you had not submitted valid in time appeal. You therefore have a GAP in your lawful residency in the UK from this date until successful grant on 12 June 2014, a period of approximately 12 months.

.......................................................................

Supposedly I do not meet the requirement of 276(i)(a).

Now, I would have never made an out of time appeal. In my initial application form I had a different corresponding address than my home address. Home office had sent me the acknowledgement letter on my corresponding address but sent the final result on my Home address. Thankfully I had a Redirection with Royal Mail but I still received that letter on 28 July 2013. I imitatively contacted solicitor and ask them to submit the appeal. I explained the whole case to Capita (third party enforcement agency) and they agreed that it will be fine. Did the same thing with Home Office and they accepted my appeal. Now, it was the error of Home Office communication and also postal service. Unfortunately I don't have any proof from Royal Mail as it wasn't required at the time and now it's too late. I have an actual application form where it clearly mentions my corresponding address, the envelope which it came in with the redirection sticker on it, and the letter I sent to Home Office explaining it was an error and not intentional.

All my applications after that was successful, but now they are considering as a GAP. I don't know what to do now, we have sent proofs for reconsideration and will go for appeal as well. But I am not sure how can I make a valid case out of this and is there still possibilities they would consider my proofs? This was genuinely out of my hand and I did everything I could to explain them in past hence they gave me a right to appeal and visa.

Any help would be appreciated.

Thank You.

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zimba
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Re: Need some help with ILR refusal based on GAP

Post by zimba » Mon Nov 11, 2019 2:21 pm

In 2013, did your appeal include an application for extension of time or did the tribunal notify you that it will be treat out of time ?
This will determine if your section 3C continued or not.

A similar case: indefinite-leave-to-remain/peo-appointm ... 37130.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kay040
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Re: Need some help with ILR refusal based on GAP

Post by kay040 » Mon Nov 11, 2019 2:53 pm

Hi Zymba,

Thank you for your quick response.

Yes, it was considered in time as there was no mention of it was being out of time.

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zimba
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Re: Need some help with ILR refusal based on GAP

Post by zimba » Mon Nov 11, 2019 4:48 pm

Get a letter from tribunal and challenge the decision. It will be straightforward
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kay040
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Re: Need some help with ILR refusal based on GAP

Post by kay040 » Mon Nov 11, 2019 5:40 pm

Thanks Zimba.

I phoned Tribunal Court and they confirmed that it was considered In-Time and emailed them to send me the proof and a copy of IAFT. Hope this would help.

Thanks again.

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seagul
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Re: Need some help with ILR refusal based on GAP

Post by seagul » Mon Nov 11, 2019 9:07 pm

kay040 wrote:
Mon Nov 11, 2019 12:56 pm


Now, I would have never made an out of time appeal. In my initial application form I had a different corresponding address than my home address. Home office had sent me the acknowledgement letter on my corresponding address but sent the final result on my Home address. Thankfully I had a Redirection with Royal Mail but I still received that letter on 28 July 2013.
Besides royal mail exceptionally slower redirection service its also your fault as well who should have updated your correct home address with UKBA/UKVI because many times they send the case related correspondence to home address even the solicitor's correspondence address was given.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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zimba
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Re: Need some help with ILR refusal based on GAP

Post by zimba » Tue Nov 12, 2019 3:14 am

kay040 wrote:
Mon Nov 11, 2019 5:40 pm
Thanks Zimba.

I phoned Tribunal Court and they confirmed that it was considered In-Time and emailed them to send me the proof and a copy of IAFT. Hope this would help.

Thanks again.
Use the confirmation from Tribunal and argue that under the Tribunal Procedures rules 2014 your appeal has been logged in time and your section 3C therefore remained intact throughout the appeal process. Good luck
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kay040
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Joined: Mon Nov 11, 2019 12:20 pm

Re: Need some help with ILR refusal based on GAP

Post by kay040 » Tue Nov 12, 2019 9:31 am

Thanks Zimba.

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