ILR refused mainly because of two gaps.

[Hope210]

I really don’t know where to start and I would appreciate if anyone could help me. I will also happy to hear from legal representatives and discuss about getting the representative as well. I applied for ILR but unfortunately was refused mainly because of two gaps.

So, in a nut shell, I came to the UK in April 2001 and since then I was on a student visa until late 2007 when I change to IGS. I then changed my visa to PSW and finally back to a student visa.

Firstly, I had always applied for a visa before the expiary date of previous visas throughout the whole 10 years. I also didn’t really have any problem until Oct 2007 when I applied for IGS. Before going into the details, two things need to be mentioned.

(1) I lost my passport in Sept 2006 and got a new passport. Therefore, does not really have a copy of previous visas before Sept 2004. However, the HO seems to have a record when I came in April 2001 and valid leave until 30th Jan 2002. The HO then also has a record showing a valid leave from 2nd March 2003 to 31st October 2003. The HO says that I did not show a valid leave between 31st January 2002 to 1st March 2003 – during this period, I was working on my application for the university with an Education Agency and went to France and came back to obtain a student visa. I was purely doing what my Education Agency told me to do. The HO seems to be willing to apply discretion in this period.

(2) The HO also said I did not have lawful leave from 1 September 2OO4 to 6th September 2OO4. I have no idea about this gap. I assume it could be purely a gap incurred between administrative processes. I am fairly confident that I applied before 31st August 2004.
Now below are two main things which the HO relied on refusing my application for ILR.

(3) A Gap between 1st Nov 2007 to 18th January 2008: I applied for IGS on 29th Oct 2007 before the end of my previous student visa. However, the HO sent me all the documents saying that there was a problem with taking out visa fee. I don’t know what happened there. I immediately sent back my application and my application was refused in Dec 2007 saying I applied when I did not have a valid leave. I wish I used a lawyer then. However, I was unsuccessful in getting a lawyer and I went to back to my country and was granted my IGS in Jan 2008. I am afraid that I don’t have a correspondence from the HO etc during this period. I only have e-mails that I sent to a few lawyers to see if they can help me. However, the HO acknowledged that I applied for IGS on 29th Oct 2007 but rejected on 7th November 2007 and that I re-applied on 15th November 2007.

So, until this point, I never used a lawyer in helping my visa application.

(4) A Gap between 23rd Oct 2010 to 3rd February 2011: Now, before the expiry of my PSW visa, on around 19th Oct 2010, I applied for a student visa. However, the application was returned in Dec 2010 because of a visa fee problem like before. This time, I hired a lawyer and we made an application for a student visa in Feb 2010. It took a little time as I needed to get a document from my country.
So, overall, the only good thing is that despite the problems, the HO has a record that I did apply for a new visa in time but visa fee problem. Would be grateful if anyone is willing to provide some advice.

[dewales001]

When did you apply and when was your passport returned? Also, were you given right to appeal against the decision?

[Hope210]

I applied for ILR in July 2011 and received the decision yesterday, 28th October 2011. Am afraid that there's no right of appeal against the decision. As far as I understand, this is largely due to the fact that I still have a leave valid until Feb 2012 and I have kind of two options - asking for reconsideration or make another fresh ILR application. Not sure which one is better and would also like other options I have.

[zinao]

first you need to obtain your SAR from the HO

your case is very complicated and you will need a lawyer.

nos 3 seems worring because after you got refused you left the country which shows that there might have been a break of long residence. under the 10 yrs policy if you leave without valid leave or have been refused and you leave the country, there is a break of leave and the clock resets. it may even affect any 14 yr application because you need to be in uk continously.

secondly the ho might view that discretion may not have been appropriate because on 2 instaces you had a visa fee issue, which may they presume is carelessness.

i am not a legal expert but you may need help.