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10-year long residence query-please help

Posted: Mon Apr 19, 2010 10:43 pm
by pamu30
Hi

I would be eligible to apply for ILR under the category of 10-year long residency; But I have one blip in my history.

I have always applied in time for all my visa applications. I was a student from 22 June 2000 till 31st Oct 2004. On 29 October 2004 I applied as a dependant on my wife's work permit application. Work permit was granted but leave to remain was refused on 25 January 2005. I was told of this decision by my wife's employer on 15 of February full 3 weeks after the decision. The documents were all sent to my wifes employer.

I re-applied as a student to continue the same studies from the same university on 17 February 2005 and was granted leave to remain, and there on wards no problems occured whatsoever.

The only problem I see is the time I spent between the decision of refusal on 25 Jan 2005 till 17th Feb 2005, 23 days time; will this be a gap in my ten year history. I feel devastated. Please help

Sanj

Re: 10-year long residence query-please help

Posted: Mon Apr 19, 2010 11:13 pm
by senthil78
pamu30 wrote:Hi

I would be eligible to apply for ILR under the category of 10-year long residency; But I have one blip in my history.

I have always applied in time for all my visa applications. I was a student from 22 June 2000 till 31st Oct 2004. On 29 October 2004 I applied as a dependant on my wife's work permit application. Work permit was granted but leave to remain was refused on 25 January 2005. I was told of this decision by my wife's employer on 15 of February full 3 weeks after the decision. The documents were all sent to my wifes employer.

I re-applied as a student to continue the same studies from the same university on 17 February 2005 and was granted leave to remain, and there on wards no problems occured whatsoever.

The only problem I see is the time I spent between the decision of refusal on 25 Jan 2005 till 17th Feb 2005, 23 days time; will this be a gap in my ten year history. I feel devastated. Please help

Sanj
I don't think that the gap will be a problem if you apply with proper covering letter with full explanation along with the letter from your wife's employer confirming that it was their fault and it was out of your control. The letter from the employer is very important. I got my ILR with more than a month gap in my visa due to my employer. Apply by post.

Posted: Mon Apr 19, 2010 11:31 pm
by pamu30
Thank you senthil78-I now feel i have some hope;yes, we have a letter from the employer apologising the fact that information was not passed on time.

By the way, when my visa was refused on 25 Jan 2005 i received a refusal to vary leave with one stop warning-reasons letter.(icd.2241) ' Will this have any more grounds to worry. Please advice.

Was your situation similar to mine.

Posted: Tue Apr 20, 2010 6:02 pm
by senthil78
pamu30 wrote:Thank you senthil78-I now feel i have some hope;yes, we have a letter from the employer apologising the fact that information was not passed on time.

By the way, when my visa was refused on 25 Jan 2005 i received a refusal to vary leave with one stop warning-reasons letter.(icd.2241) ' Will this have any more grounds to worry. Please advice.

Was your situation similar to mine.
I have no idea about that letter. I think that you no need to worry as long as you have valid leave to remain / enter except that one occation which was not anyway your fault. In my case, my employer applied after my visa was expired (after 1 month) and then the application returned due to the incorrect fee was paid, and then applied again. I don't know whether I received any letter because all done by my employer. Could have received, don't know. I can't see anything to worry in your case.

Posted: Tue Apr 20, 2010 11:35 pm
by pamu30
Thanks a lot senthil