ILR long residence refused - help!
Posted: Thu Jul 22, 2010 4:56 pm
Hi
I came to the UK as a student in September 1999. I submitted my ILR Long Residence application in December 2009. It came back early on this month after being refused based on a 1-month gap in August 2004. This was the time between my two degrees. My student visa for my first degree finished on 31 July 2004 and my next student visa started on 1 September 2004. In the ILR refusal letter, they claimed that I stayed in the UK after 31 July 2004 and only made my application for the next visa in September 2004. They said therefore the application for my second student visa was out of time and hence the 10 years was not continuous.
When I submitted the ILR application, I didn't even realise this gap existed, so I went through all my documents to found out what happened. I found out that my college only sent me the documents required for the student visa application in mid-August and I pretty much applied for a new visa straight away. The main reason for staying over after the first visa ended was waiting for that college letter to arrive.
I have just read the Long Residence guideline on http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/
It does say discretion could be applied for 10 days out of time applications. Mine was a month but I really couldn't do anything to help back then. There is no appeal because they claim I can still stay here until June next year. I really don't what to do now, but doing nothing means I will have to leave in June. I can't move to the Tier 1 General now because this week they moved up the qualification point and I just missed it because I don't quite earn enough.
Please advice. Should I reapply with a letter reasoning what happened? I should really talk to a solicitor. Could you recommend one please?
Thanks
I came to the UK as a student in September 1999. I submitted my ILR Long Residence application in December 2009. It came back early on this month after being refused based on a 1-month gap in August 2004. This was the time between my two degrees. My student visa for my first degree finished on 31 July 2004 and my next student visa started on 1 September 2004. In the ILR refusal letter, they claimed that I stayed in the UK after 31 July 2004 and only made my application for the next visa in September 2004. They said therefore the application for my second student visa was out of time and hence the 10 years was not continuous.
When I submitted the ILR application, I didn't even realise this gap existed, so I went through all my documents to found out what happened. I found out that my college only sent me the documents required for the student visa application in mid-August and I pretty much applied for a new visa straight away. The main reason for staying over after the first visa ended was waiting for that college letter to arrive.
I have just read the Long Residence guideline on http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/
It does say discretion could be applied for 10 days out of time applications. Mine was a month but I really couldn't do anything to help back then. There is no appeal because they claim I can still stay here until June next year. I really don't what to do now, but doing nothing means I will have to leave in June. I can't move to the Tier 1 General now because this week they moved up the qualification point and I just missed it because I don't quite earn enough.
Please advice. Should I reapply with a letter reasoning what happened? I should really talk to a solicitor. Could you recommend one please?
Thanks