Gap Period between 2 Visas

[moal11]

Hi Cullinan,
I am following what we calculated before, which put me in the qualifying period.

Again thanks king Cullinan....


Regards,
Moal

[CULLINAN]

[CULLINAN]

Add the guidance in the cover letter also as we discussed earlier. Just a reminder.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

[moal11]

Hi Cullinan,
Thanks again. In the documents required in the "set O" application, it is asking about:

"Evidence of XXXXX's immigration status in the UK"

and

"Current Biometric Residence Permit for XXXXX"

Are they the same thing to submit or these are 2 different things?

PS: I know I will not submit them now but just to ask and prepare.


Regards,
Moal

[CR001]

It's the same thing. Your brp.

[moal11]

Thanks Char...


Regards,
Moal

[moal11]

Hi Cullinan,
Sorry again, but I noticed a question in the application, which is a bit of confusion, it is the last one there and about biometric residence permit details;

"Are you able to provide a biometric residence permit (BRP) card with this application?"

1- Yes
2- No, my BRP is lost or stolen
3- No, I have already sent my BRP to the Home Office
4- No, I do not have a BRP for my most recent leave"

Should I choose option 1 and put the details of last BRP we got (ended in January) or should we choose option 4. If we choose 4 we will have:

"Do you have a BRP from a previous stay in the UK? (Required) Yes No"

"Can you provide this with your application? Yes No"

Another thing if we choose option 4, it asked only for "Evidence of XXXXX's immigration status in the UK" not the "Evidence of XXXXX's immigration status in the UK" and "Current Biometric Residence Permit for XXXXX" in the documents.

Many thanks and sorry for any disturbance.


Regards,
Moal

[CULLINAN]

Option 1.

[moal11]

Thanks King Cullinan...


Regards,
Moal

[moal11]

Hi All,
Just an update, we have recived today the acceptance of extension visa. I don't know really what to do in that strange case but it seems the waiving process didn't/won't work. We submit the biometrics for the extension visa on late Saturday and then submit the ILR application on Sunday morning. Could you please let me know your thoughts or what to do about that?

Many thanks...


Regards,
Moal

[CULLINAN]

Hi All,
Just an update, we have recived today the acceptance of extension visa. I don't know really what to do in that strange case but it seems the waiving process didn't/won't work. We submit the biometrics for the extension visa on late Saturday and then submit the ILR application on Sunday morning. Could you please let me know your thoughts or what to do about that?

Many thanks...


Regards,
Moal

Sorry to hear it did not work quite well but this is because UKVI did not realise you had applied for a new application. They just considered the extension application instead which is a fault on their end. You should contact HO and raise a complaint. As long you applied for ILR before a decision was made on your extension application, they should consider ILR application. There was another member who had a similar situation. He had to make a complaint. HO withdrew the extension decision and then considered the ILR application.

[moal11]

Hi Cullinan,
Thanks for the quick response. Well, I got a couple of questions then;
- Should I contact them over the phone, as I think the guys over the phone are not helpful?
- What if the HO didn't correct that, should I continue with the ILR application I aleady submitted or what?

Regards,
Moal

[CULLINAN]

https://www.gov.uk/government/organisat ... -procedure

Also, there was a link where the member got extension application decision withdrawn as he had applied for ILR before that but I can not find it on the forum. Can someone please link if you can find it? Thanks.

HO should acknowledge their mistake that they made a decision on extension application when you applied for ILR before a decision was made on extension application. Once they do it, you should complete your ILR application. But you will have to explain the whole situation in the cover letter now.

[moal11]

Hi Cullinan,
Thanks again. As I understood, I should not do a administrative review. Is it correct?

Regards,
Moal

[CULLINAN]

Hi Cullinan,
Thanks again. As I understood, I should not do a administrative review. Is it correct?

Regards,
Moal

Administrative review for what? You got a successful extension decision. The only error HO made was to consider extension application when you already made a NEW ILR application. They should have considered ILR application before a decision was made on the extension application and automatically have withdrawn the extension application.
You need to make a complaint to HO and demand that your ILR application to be considered as it was submitted before a decision on the extension application was made. Plus demand your extension fees and IHS refund in the same complaint.
I believe making an official complaint will sort things out hopefully. Mention both your UANs and details in the complaint obviously.

[CULLINAN]

Or possibly maybe for an AR also just to highlight that they should have considered your ILR application instead as it was submitted before the extension application was made?
Maybe someone else can help on this too.... ?

[CULLINAN]

Also see:
indefinite-leave-to-remain/varying-tier ... l#p1940114

indefinite-leave-to-remain/variation-ap ... 08394.html

[moal11]

Hi Cullinan,
Thanks for your help in that. It will be good as you mentioned to have some thoughts from others as well (e.g. Char, Zimba, vinny...etc.)


Regards,
Moal

[moal11]

Dear Folks,
Just a thought. Should I wait and not submit a complain till the time of the documents submission with the biometrics of the ILR and then raise the issue by then?


Regards,
Moal

[CULLINAN]

FYI

OP trying to do the same thing:
indefinite-leave-to-remain/vary-tier-2- ... l#p2001918

You should raise a complaint and let HO know their error. Leaving it just like that will not do you any good. You must raise a complaint and make HO withdraw their extension decision and offer you refund for extension and IHS. If you carry on with your ILR application, there are chances they will just take it as a new application without realising the error. As long you applied for ILR BEFORE a decision was made on your extension application, HO should consider ILR application instead as it was a variation.

[moal11]

You are right King Cullinan...


Regards,
Moal

[moal11]

Hi Cullinan,
Something got into my head, could the reason of what happened because I submitted the ILR a bit late, i.e. at Sunday at 10.30 am? As we submitted the extension visa biometrics on Saturday at 3.30 pm. I thought they are not working on Sunday. Maybe by then they starting to assess the extension visa. What do you think???


Regards,
Moal

[CULLINAN]

Hi Cullinan,
Something got into my head, could the reason of what happened because I submitted the ILR a bit late, i.e. at Sunday at 10.30 am? As we submitted the extension visa biometrics on Saturday at 3.30 pm. I thought they are not working on Sunday. Maybe by then they starting to assess the extension visa. What do you think???


Regards,
Moal

No one can answer this now. Usually the decision is made on the same date that is on your approval letter sent via email. So I am assuming that was next week? The best would be to contact the address printed on your approval letter and explain the situation and see if that is sorted.

[moal11]

Hi Cullinan,
Yes, the decision was 4 days later through the email. I still have not received the physical card/letter yet. I will raise the online complain.

I am sure I have seen some where they are not working on Sunday...


Regards,
Moal

[CULLINAN]

Good luck. Keep us posted.
Most likely it was so close that their systems were not updated to reflect the ILR variation. They should fix this now.