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Visa gap in 10 years duration
Posted: Sun Sep 29, 2013 7:12 pm
by Sukaina786
Hi Everyone,
Background: My first entry in UK was in Feb 2004 on a student visa. After I completed my studies, I was granted IGS visa and then Tier 2 sponsored visa which is continuing till 2015. I will be eligible for ILR in Feb 2014 which I would like to avail.
My issue: My student visa expired back in Jun 2005 and I applied for a student visa extension via my university. My university delayed to send my documents to UKBA as they misplaced my passport. After chasing my university for days, they managed to locate my passport and then applied for the student visa extension. During this period I continued to live in UK. Eventually I received the student visa extension in Dec 2005. Considering my situation, do I qualify for 10 years lawful residence in the UK from Feb 2004 to Feb 2014?
Any advice will be gratefully received.
Posted: Mon Sep 30, 2013 2:13 am
by vinny
Did you/your university
apply prior to the expiry of your leave?
Posted: Mon Sep 30, 2013 9:08 am
by Sukaina786
vinny wrote:Did you/your university
apply prior to the expiry of your leave?
Unfortunately no!
I submitted all the documents to the university in time and was under impression that they applied for my visa extension. It only came to light when I enquired the university for an update.
Posted: Mon Sep 30, 2013 9:17 am
by vinny
Did they apply within 28 days from when your leave had expired?
Posted: Mon Sep 30, 2013 10:36 am
by Sukaina786
vinny wrote:Did they apply within 28 days from when your leave had expired?
University did not apply within 28 days of expiry. But on the other hand UKBA approved my student visa extension and granted me IGS/tier 2 subsequently without any issue.
Posted: Mon Sep 30, 2013 11:13 am
by vinny
Unfortunately,
276D may be
applicable because 276B(v) fails.
Posted: Mon Sep 30, 2013 7:01 pm
by sheraz7
Sukaina786 wrote:vinny wrote:Did they apply within 28 days from when your leave had expired?
University did not apply within 28 days of expiry. But on the other hand UKBA approved my student visa extension and granted me IGS/tier 2 subsequently without any issue.
If you did not face any issue with IGS then it could mean that they might have counted your that stay legal because during the time when IGS exist there were 20 points needed for legal stay which allow study. But requesting SAR report is the best way to know the actual situation.
Posted: Mon Sep 30, 2013 8:41 pm
by Sukaina786
sheraz7 wrote:Sukaina786 wrote:vinny wrote:Did they apply within 28 days from when your leave had expired?
University did not apply within 28 days of expiry. But on the other hand UKBA approved my student visa extension and granted me IGS/tier 2 subsequently without any issue.
If you did not face any issue with IGS then it could mean that they might have counted your that stay legal because during the time when IGS exist there were 20 points needed for legal stay which allow study. But requesting SAR report is the best way to know the actual situation.
Manu thanks for your reply. Could you please explain what SAR report is and how can I get one?
Posted: Mon Sep 30, 2013 8:58 pm
by sheraz7
Sukaina786 wrote:sheraz7 wrote:Sukaina786 wrote:vinny wrote:Did they apply within 28 days from when your leave had expired?
University did not apply within 28 days of expiry. But on the other hand UKBA approved my student visa extension and granted me IGS/tier 2 subsequently without any issue.
If you did not face any issue with IGS then it could mean that they might have counted your that stay legal because during the time when IGS exist there were 20 points needed for legal stay which allow study. But requesting SAR report is the best way to know the actual situation.
Manu thanks for your reply. Could you please explain what SAR report is and how can I get one?
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/