1 gap in 10 years long residency

khanii · Post by **khanii** » Wed Jun 02, 2010 12:13 pm

hello every one

i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks

geriatrix · Post by **geriatrix** » Wed Jun 02, 2010 12:20 pm

The out-of-time application reset your ILR clock, so UKBA was right in refusing the ILR application.

regards

maganzo · Post by **maganzo** » Wed Jun 02, 2010 12:51 pm

khanii wrote:hello every one

i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks

Hi,
i am afraid it is difficult to CONVINCE the IJ about this issue.Even article 8 is redundant,because he/she will say that you can start your life in your country,because when you applied to come to UK,you knew that you will return to your home country when you finish your studies.But if you have property here,may be wife and children ,these factors can help you.Try to appeal anyway,but think of your money and time!It is unfair system,where by they can reject someone who has been here 10 yrs,only one gap spoil the matter.

I had some gaps ,my case went to High Court but i lost !!!!
Read this Case:
MD Jamaica & Anor V Secretary of State For the Home Department[2010]EWCA Civ 213

khanii · Post by **khanii** » Wed Jun 02, 2010 1:09 pm

hellp every one

well i have got property here but my wife and childrens are in back home , they don't live here , they applied for visa but they were rejected , but some bosy told if have had gone to psychologist on that time to check ur health because of mentally stress , then i would have got disreceatin of ILR or may be 3 years discetionary visa.
And i am on psw visa at the moment and wondering whether i should apply HSMP, its so confusing and waste of money as well.
plz advise me any one
many thanks

senthil78 · Post by **senthil78** » Wed Jun 02, 2010 5:25 pm

khanii wrote:hellp every one

well i have got property here but my wife and childrens are in back home , they don't live here , they applied for visa but they were rejected , but some bosy told if have had gone to psychologist on that time to check ur health because of mentally stress , then i would have got disreceatin of ILR or may be 3 years discetionary visa.
And i am on psw visa at the moment and wondering whether i should apply HSMP, its so confusing and waste of money as well.
plz advise me any one
many thanks

An applicant has a single gap in their lawful residence due to submitting application out of time, if they prove that there were extenuating circumstances, discretion would normally be appropriate. Have you explained about the expiry of your sister with evidence when you applied? Are you given chance to appeal?

senthil78 · Post by **senthil78** » Wed Jun 02, 2010 5:27 pm

maganzo wrote:
khanii wrote:hello every one

i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
Hi,
i am afraid it is difficult to CONVINCE the IJ about this issue.Even article 8 is redundant,because he/she will say that you can start your life in your country,because when you applied to come to UK,you knew that you will return to your home country when you finish your studies.But if you have property here,may be wife and children ,these factors can help you.Try to appeal anyway,but think of your money and time!It is unfair system,where by they can reject someone who has been here 10 yrs,only one gap spoil the matter.

I had some gaps ,my case went to High Court but i lost !!!!
Read this Case:
MD Jamaica & Anor V Secretary of State For the Home Department[2010]EWCA Civ 213

If it is single gap and the gap is within 10 days, the case worker will apply discretion.

Beige · Post by **Beige** » Wed Jun 02, 2010 6:18 pm

khanii wrote:hello every one

i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks

Hi, when you got a response from the UKBA? I mean after your ILR application in Nov'09

senthil78 · Post by **senthil78** » Wed Jun 02, 2010 7:43 pm

senthil78 wrote:
maganzo wrote:
khanii wrote:hello every one

i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
Hi,
i am afraid it is difficult to CONVINCE the IJ about this issue.Even article 8 is redundant,because he/she will say that you can start your life in your country,because when you applied to come to UK,you knew that you will return to your home country when you finish your studies.But if you have property here,may be wife and children ,these factors can help you.Try to appeal anyway,but think of your money and time!It is unfair system,where by they can reject someone who has been here 10 yrs,only one gap spoil the matter.

I had some gaps ,my case went to High Court but i lost !!!!
Read this Case:
MD Jamaica & Anor V Secretary of State For the Home Department[2010]EWCA Civ 213
If it is single gap and the gap is within 10 days, the case worker will apply discretion.

Beige · Post by **Beige** » Wed Jun 02, 2010 8:43 pm

Hi Senthil78, is there any particular reason why you made the same post twice?

mrlookforward · Post by **mrlookforward** » Wed Jun 02, 2010 9:46 pm

I remember reading a decision about someone who had 16 days gap in residence. The applicant was refused. Appeal wasnt allowed too. To cut the long story short, OP has a gap of more than 5 weeks. Hardly any chance of UKBA ever exercising discretion for a 5 weeks gap, when they are not willing to exercise discretion for 16 days and fight it all the way in courts and win the case. It will be a miracle if someone gets granted with a 5 weeks gap.

mrlookforward · Post by **mrlookforward** » Wed Jun 02, 2010 10:40 pm

Ah sush, your are so clever. As soon as I posted after your post, your quickly removed your post. Nice one. ( I have removed mine too) Fair use of your privileges.

senthil78 · Post by **senthil78** » Thu Jun 03, 2010 12:12 pm

mrlookforward wrote:I remember reading a decision about someone who had 16 days gap in residence. The applicant was refused. Appeal wasnt allowed too. To cut the long story short, OP has a gap of more than 5 weeks. Hardly any chance of UKBA ever exercising discretion for a 5 weeks gap, when they are not willing to exercise discretion for 16 days and fight it all the way in courts and win the case. It will be a miracle if someone gets granted with a 5 weeks gap.

Every case is different, If you don't have any valid reason, obviously there is no chance. But OP has a valid reason and anyone may forget in such a situation. I think that he would have not explained which is why his application was refused. If he explains in detail, I am sure that the case worker will apply discretion. As per guide, An applicant has a single gap in their lawful residence due to submitting application out of time (24 days), if they prove that there were extenuating circumstances, discretion would normally be appropriate. It is not important about no. days gap and it no. of days submitting application out of time. OP is within the limit and has valid reason.

mrlookforward · Post by **mrlookforward** » Thu Jun 03, 2010 12:44 pm

Senthil78, I am not saying that what you have mentioned is wrong. All I am trying to say is when in pracaticality UKBA doesnt grant an application with a 16 days gap, fights for it in the courts, and wins the case, what chances are there of them granting with a 37 day gap?

What could possibly be the circumstances of a 37 day delay? "I forgot to apply due to a family problem" can't be an excuse for such a long delay. It wasnt even the case that he applied before and somehow the application was invalid, and when he applied with correct documents it was out of time. The one and only reason that might possibly mitigate would be if the applicant was too ill, hospitalised etc.

Maganzo has already mentioned his case. Read the judgement and then see how strict home office is nowadays when it comes to granting discretion. There have been many cases and they have been mentioned on the forums too, when out of time applications from spouses of British citizen with children, have been refused, and applicants had to go back and apply again for spouse visas.

OP has already mentioned that he has been refused

geriatrix · Post by **geriatrix** » Thu Jun 03, 2010 4:06 pm

mrlookforward wrote:Ah sush, your are so clever. As soon as I posted after your post, your quickly removed your post. Nice one. ( I have removed mine too) Fair use of your privileges.

I had removed my post within a minute of posting and definitely before you posted yours (you were probably writing it at that time). And the reason I did so was that I remembered the source of senthil78's claim - long residence IDI. Hence, the question (in my post) became irrelevant.

Nothing to do with your post, or whatever you had written in there (unfortunately, I didn't get the pleasure to read it).

regards

khanii · Post by **khanii** » Tue Jun 08, 2010 11:02 am

hello every one

Thanks for every body reply on my topic, actually i didn't mention on that time when i applied for ILR that my sister was gone died , otherwise there might be chances, but according to home office discretion would only be possible if u have gap of up to 10 working days, i know HO can give discretion according to their wish , it can be be more than 10 days.

senthil78 · Post by **senthil78** » Tue Jun 08, 2010 4:36 pm

khanii wrote:hello every one

actually i didn't mention on that time when i applied for ILR that my sister was gone died , otherwise there might be chances, .

I thought that.

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