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Invalid appelication and ILR ( lawfull gap)
Posted: Sun Aug 11, 2013 11:22 pm
by carl2000
Hello,I'm new to this forum . It would be sincerely appreciated if any one you guys can help me answer the questions I have.
My question is about 10 year long residency and 'gap in lawful residency'.
In 2012 , 31th may my visa was finished and I applied for extension same day (by royal mail next day service) .11th June 2012 my application was returned as invalid . I failed to fill up a mandatory section. By 28th June I applied again for extension .28th August 2012 I got extension ( issue date was 28th August)
My question is how it will effect if I apply for ILR?
How long is my gap? Will it be count from 1st June to 28th August (3 month gap) Or 1st June to 28th June (28 days gap)
Can I apply for ILR?
Thanks
Posted: Sun Aug 11, 2013 11:28 pm
by Amber
You should be ok given that you reapplied within 28 days of a decision of invalidity of an in time application.
Posted: Sun Aug 11, 2013 11:53 pm
by carl2000
Thank you guru, for prompt answer. when I applied on 28th June I did not have any valid leave . Is it deemed as out of time application? tnx
Re: Lawful gap for 10 years ILR
Posted: Mon Aug 12, 2013 12:45 am
by vinny
carl2000 wrote:Hello,I'm new to this forum . It would be sincerely appreciated if any one you guys can help me answer the questions I have.
My question is about 10 year long residency and 'gap in lawful residency'.
In 2012 , 31th may my visa was finished and I applied for extension same day (by royal mail next day service) .11th June 2012 my application was returned as invalid . I failed to fill up a mandatory section. By 28th June I applied again for extension .28th August 2012 I got extension ( issue date was 28th August)
My question is how it will effect if I apply for ILR?
How long is my gap? Will it be count from 1st June to 28th August (3 month gap) Or 1st June to 28th June (28 days gap)
Can I apply for ILR?
Thanks
Posted: Mon Aug 12, 2013 1:17 am
by vinny
carl2000 wrote:Thank you guru, for prompt answer. when I applied on 28th June I did not have any valid leave . Is it deemed as out of time application? tnx
Yes.
However, as Amber stated, this
shouldn't be a problem for your
Long residence application.
Re: Invalid appelication and ILR ( lawfull gap)
Posted: Mon Aug 12, 2013 10:28 pm
by Soban
carl2000 wrote:Hello,I'm new to this forum . It would be sincerely appreciated if any one you guys can help me answer the questions I have.
My question is about 10 year long residency and 'gap in lawful residency'.
In 2012 , 31th may my visa was finished and I applied for extension same day (by royal mail next day service) .11th June 2012 my application was returned as invalid . I failed to fill up a mandatory section. By 28th June I applied again for extension .28th August 2012 I got extension ( issue date was 28th August)
My question is how it will effect if I apply for ILR?
How long is my gap? Will it be count from 1st June to 28th August (3 month gap) Or 1st June to 28th June (28 days gap)
Can I apply for ILR?
Thanks
Hi Carl2000. It's a tricky question. I find myself in the same situation as you. I submitted an in time application but it was returned to me within the next few days due to invalid bank card details. And By the time I reapplied, my current leave had expired by 17 days.
According to UKBA's guidance notes all absences less than 28 days will be disregarded. Now this sounds encouraging but they also say the following:
If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made. For an example of this, see example 5 in related link: Examples of continuous lawful residence
So according to the above paragraph you and me have had absences of more than 28 days. But one can still be optimistic and hopeful as their guidance notes also state that absences of more than 28 days may be disregarded in exceptional circumstances.
Lets hope the gaps in continuous residency are seen as "accidental" and allowable.
Posted: Tue Aug 13, 2013 12:00 am
by vinny
What do you mean by 'invalid bank card details'? See also
Invalid application due to payment problems?
Posted: Tue Aug 13, 2013 12:56 pm
by Soban
Hi Vinny,
They weren't able to debit my acc for the required application fees amount. This was back in 2007, so I can't remember if they marked my application as invalid or not. All I remember is getting all documents back by post and re applying soon after that.
Posted: Tue Aug 13, 2013 1:05 pm
by vinny
They may be
unable to prove that your application was invalid.