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Hi guys,

Last yr I submitted my application for a teir 4 visa in november 25th. I didn't get a response until January 6th 2 days after my visa had already expired. the reason was because i submitted copies of the birth certificate and bank statements

I have submitted another application in the same month 21st January (13 days after i received my application). still waiting for a response

does this rejection affect my 10 yr stay, and are there steps I could take to get that record expunged ? presently i've been in the UK for 7

It is irresponsible of them to give me back my documents after the expiry date then turn around to say its my fault. WOuld I therefore need a lawyer in the future ?

slick086 wrote:Hi guys,

Last yr I submitted my application for a teir 4 visa in november 25th. I didn't get a response until January 6th 2 days after my visa had already expired. the reason was because i submitted copies of the birth certificate and bank statements

I have submitted another application in the same month 21st January (13 days after i received my application). still waiting for a response

does this rejection affect my 10 yr stay, and are there steps I could take to get that record expunged ? presently i've been in the UK for 7

It is irresponsible of them to give me back my documents after the expiry date then turn around to say its my fault. WOuld I therefore need a lawyer in the future ?

You need to chill. You will become eligible more than two years from now. We don't know if the scheme will still be around then or whether the same rules will apply, its just too far ahead. But by current rules, Yes you have a break in continuous stay. From your information, it looks like 17 days, if your visa expired two days before the 6th and submitted another application on the 21st. If the same rules are there, I would suggest you get legal assistance. I think the guidance was changed last November to make the discretion allowance strictly 10 days instead of a less strict cutoff before, therefore it might be wise to get some legal advice, but blaming the UKBA will not help you in this case because, the guidance is clear, they want original documents or notarised copies. This was your mistake. I sympathise that the consequences on your immigration record are severe. In the end it will be up to the case worker and their discretion.

You should also apply for a SAR to see when the outcome of the initial application was decided. People are usually given 10 days to file an appeal. I am not sure if this counts as extant leave if you do not file an appeal, but it might be worth investigating as it would reduce the number of days out of time to 5 days instead of 17.

quantum1 wrote:You should also apply for a SAR to see when the outcome of the initial application was decided. People are usually given 10 days to file an appeal. I am not sure if this counts as extant leave if you do not file an appeal, but it might be worth investigating as it would reduce the number of days out of time to 5 days instead of 17.

Hi, please whats an SAR, how do i apply ?

quantum1 wrote:

slick086 wrote:Hi guys,

Last yr I submitted my application for a teir 4 visa in november 25th. I didn't get a response until January 6th 2 days after my visa had already expired. the reason was because i submitted copies of the birth certificate and bank statements

I have submitted another application in the same month 21st January (13 days after i received my application). still waiting for a response

does this rejection affect my 10 yr stay, and are there steps I could take to get that record expunged ? presently i've been in the UK for 7

It is irresponsible of them to give me back my documents after the expiry date then turn around to say its my fault. WOuld I therefore need a lawyer in the future ?

You need to chill. You will become eligible more than two years from now. We don't know if the scheme will still be around then or whether the same rules will apply, its just too far ahead. But by current rules, Yes you have a break in continuous stay. From your information, it looks like 17 days, if your visa expired two days before the 6th and submitted another application on the 21st. If the same rules are there, I would suggest you get legal assistance. I think the guidance was changed last November to make the discretion allowance strictly 10 days instead of a less strict cutoff before, therefore it might be wise to get some legal advice, but blaming the UKBA will not help you in this case because, the guidance is clear, they want original documents or notarised copies. This was your mistake. I sympathise that the consequences on your immigration record are severe. In the end it will be up to the case worker and their discretion.

Hi, actually i submitted the new application on the 25th october. I have to be blamed tbh.

Hey if my new application is granted, i read somewhere that then I can be rejected in susbsequent application based on this gap. Is this true ?

slick086 wrote:Hi guys,

Last yr I submitted my application for a teir 4 visa in october 25th. I didn't get a response until January 6th 2 days after my visa had already expired. the reason was because of photocopies.

I have submitted another application and presently waiting for a response.

Anyway does this rejection affect my 10 yr stay, and are there steps I could take to get that record expunged ? presently i've been in the UK for 7

they could have contacted me, if the UKBA sent a request asking for originals i would have provided it. they clearly state this in the initial letter they send: "if any problem u shall be contacted

See also Gaps in 10 years and Another secret policy.

Please don't post multiple threads on the same topic.