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Hi For the 10 years long residence ILR,

1) about 2005, my application that was initially rejected or sent back due to problems with taking the fee off
(probably I forgot to fill out the fee section.. or maybe the details of the card was incorrect)..but yes
of course i resubmitted within 28 days,

2) about 2009, another application was also rejected/returned because of the photograph that was out of date, or the
application form was out of date, then I resubmitted everything again within 28 days.

Do you know if these kind of issues are problems? would it affect my chance of application??

Many thanksX!!

When you submitted the applications the second time on both the occasions, did you have valid leave to remain the UK or has the leave expired when you posted the applications?



regards

sushdmehta wrote:When you submitted the applications the second time on both the occasions, did you have valid leave to remain the UK or has the leave expired when you posted the applications?



regards

Hii, thanks, I would say when I applied the second time, on both occasion, the visa has already expired, because usually we apply within 28 days before the visa expires, which means my visa runs out on the 31st Sept 2005
I might have applied on the 18th of Sept 2005, but they probably didn't get back to me until October 5th to let me know there was problem taking the fees, so I had to reply them after the visa expired... (is that a bad news then..?..)

the same must has happened to the 2009 one. I applied within time the initial application, then the visa runs out, then they wrote me to say my form was invalid, then I applied again within 28 days.


I did get my SAR file, and it showed that the initial application did arrive before the visa expires. so I did apply on time the first time, on both occasions.

I kept the post office receipt of the 2009 rejection one due to out of date application form.

I think I might have the receipt for the 2005 one, but not sure, at least I have the SAR file to prove I sent it on time.

Do you think they will be sufficient as evidences?

Unfortunately, it appears that on both the occasions your applications were considered as out-of-time applications and therefore may have reset your ILR clock to zero.

Long residence wrote:If an applicant has a single short gap in lawful residence through making one single previous application out of time by a few days (not usually more than 10 calendar days out of time), caseworkers should use discretion granting ILR, so long as the application meets all the other requirements.

It would not usually be appropriate to exercise discretion when an applicant has more than one gap in their lawful residence due to submitting more than one of their previous applications out of time, as they would not have shown the necessary commitment to ensuring they have maintained lawful leave throughout their time in the UK.

It may be appropriate to use your judgement in cases where an applicant has submitted a single application more than 10 days out of time if there are extenuating reasons for this (e.g. postal strike, hospitalisation, administrative error on our part etc). This must be discussed with a Senior Caseworker.

regards