GAP in 5 years Continuous Leave.

Please I will appreciate if senior moderators could provide some comment on my case.

Initial HSMP Application - 23rd August 2007

Switch to Tier 1 Application : 31st July 2009 (Rejected due to Card Decline)

Switch to Tier 1 Application : 15th August 2009 (Rejected due to youngest son's passport photograph more than 1 month. It was used in the first rejected application)

Switch to Tier 1 Application : 12th September 2009 (Rejected due to Card Decline)

Switch to Tier 1 Application : 19th September 2009 (Approved on 8th October 2009)

I applied for SAR and a statement summary stated that application was made out of time but within discretionary period.

My questions are these.........

1. Are we eligible to apply for ILR in 2012 and when is the earliest date we could apply?

2. If yes to (1) above, would PEO be able to deal with our case or should we make postal application?

Thank you in anticipation for your help.

Hi Bala,

It also depends on the number of the leaves you have taken during the five years period. Are you withing the eligible limit of the max allowed 180 days leave outside UK and not more than 90 days at one stretch ?

Its sad to know the rejections for reasons like Card declined.
If possible and if you could explain more about that (max amount limit exceeded, etc) people could answer in particular and may also help others.
Take more care next time.

Better to pay by other means like cheque.

Good luck

Cheers,
Jay

Hi Jay,

Thanks for your reply. I have not taken any holiday outside the UK since granted HSMP in August 2009.

Please could senior moderators also comment on this case.

Cheers,
gbaba

What was the expiry date of (HSMP) leave granted in 2007?

Hi sushdmehta,
It was 23rd August 2009.

Thanks for the quick reply.

gbaba

1. Are we eligible to apply for ILR in 2012 and when is the earliest date we could apply?

Yes, gap of about 26 days, should be covered under discretionary period. Best or safe to apply on or after 23rd August.

Thank you for all the moderators and those who replied to my post. My ILR was approved last week at Solihull and BRP cards were received earlier this week.
I did not use any Lawyer. Though I'd prepared a covering note using various examples and UKBA policies on this forum, I did not submit it.

I also want to state that I had no absence in the last 5years and I'm still with the same employer.

My gap was spotted by the CW but her boss said it was ok to proceed with my case.

Goodlcuk to all those who are still on this journey.

Once again, thank you so much for all the moderators and contributors.

I am happy to provide more information to help anyone who needs it.

Hi gbaba,

Congratulations! It's great to hear about your success. I am on the same boat; my application for Tier 1 in Jan-2011 was made invalid due to declined card payment and I overstayed by 13 days. Full details can be found in this post:

http://www.immigrationboards.com/viewto ... ght=mazmaz

I have also prepared a covering letter. I am going to the Croydon PEO on 21-Aug. In your opinion, should I hand in the letter to the CW or It's better to wait for him/her to ask me about the gap? Do you have any particular suggestions about my application? Any tips will help!

Thanks in advance!