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deeaa1999 wrote:Hi,

I applied for ILR in June 2011 under WP+HSMP+Tier1 (5 yrs) but refused in Aug 2011. The reason was a 30 days gap they thought was created during extension of WP on January 2007. The extension was done by a solicitor of teh company I was working then and they felt they definitely submitted the application Before the expiry of WP. In the refusal letter that was the only reason provided and they mentioned that from 1st March 2007 my resident ship is continuous. We gave several letters to UKBA asking to reconsider which they did not respond. We through a solicitor gave UKBA letter before action on November along with the relevant documents which we thought is showing that application was made in time. On 21st December 2011 they replied back saying they are satisfied with the evidences we provided and will reconsider the case.

Now I can re apply for ILR from February onwards. My current visa is expiring on June 2012.
Can anybody say if I can reapply while they are reconsidering the previous refusal?

tknayak wrote:

deeaa1999 wrote:Hi,

I applied for ILR in June 2011 under WP+HSMP+Tier1 (5 yrs) but refused in Aug 2011. The reason was a 30 days gap they thought was created during extension of WP on January 2007. The extension was done by a solicitor of teh company I was working then and they felt they definitely submitted the application Before the expiry of WP. In the refusal letter that was the only reason provided and they mentioned that from 1st March 2007 my resident ship is continuous. We gave several letters to UKBA asking to reconsider which they did not respond. We through a solicitor gave UKBA letter before action on November along with the relevant documents which we thought is showing that application was made in time. On 21st December 2011 they replied back saying they are satisfied with the evidences we provided and will reconsider the case.

Thanks a lot for your valuable advise. I will write to my solicitor to give UKBA a letter stating the same.
Now I can re apply for ILR from February onwards. My current visa is expiring on June 2012.
Can anybody say if I can reapply while they are reconsidering the previous refusal?

This is bad from the part of UKBA. How can they reject the case when you applied for WP extension in time. And for this reason you might have gone through mental pressure and spent money for hiring a solicitor.

Since they are already considering the existing application, can't you write to them saying that, you are anyway eligible from 1st of March. So ideally they should approve your application effective 28 days before 1st March. In this case you will save money by not applying again.

But if you want to apply fresh, then you have to withdraw the existing application.

deeaa1999 wrote:

tknayak wrote:

deeaa1999 wrote:Hi,

I applied for ILR in June 2011 under WP+HSMP+Tier1 (5 yrs) but refused in Aug 2011. The reason was a 30 days gap they thought was created during extension of WP on January 2007. The extension was done by a solicitor of teh company I was working then and they felt they definitely submitted the application Before the expiry of WP. In the refusal letter that was the only reason provided and they mentioned that from 1st March 2007 my resident ship is continuous. We gave several letters to UKBA asking to reconsider which they did not respond. We through a solicitor gave UKBA letter before action on November along with the relevant documents which we thought is showing that application was made in time. On 21st December 2011 they replied back saying they are satisfied with the evidences we provided and will reconsider the case.

Thanks a lot for your valuable advise. I will write to my solicitor to give UKBA a letter stating the same.
Now I can re apply for ILR from February onwards. My current visa is expiring on June 2012.
Can anybody say if I can reapply while they are reconsidering the previous refusal?

This is bad from the part of UKBA. How can they reject the case when you applied for WP extension in time. And for this reason you might have gone through mental pressure and spent money for hiring a solicitor.

Since they are already considering the existing application, can't you write to them saying that, you are anyway eligible from 1st of March. So ideally they should approve your application effective 28 days before 1st March. In this case you will save money by not applying again.

But if you want to apply fresh, then you have to withdraw the existing application.