ILR 10 Years Long Residence Gap

[syedz]

Hi everyone,

I applied to HO for ILR on the basis of 10 years continuous stay in the UK. I stayed in the UK as a student, but the trouble is I have a gap of 19 or 20 days between my applications for student visa renewal back in 2003.
The caseworker has actually requested the original copy of my application form from HO archives to see if the application was really late or not.

I wanted to ask what is the likely outcome? is there anything I can send the CW to strengthen my position? any legal points? as I remember there use to be a 28 days grace peroid back in the day.

Any help in this matter will be appreciated ..

[vinny]

Can you give more details on the circumstances of the gap?

[syedz]

Well I do not have any Home Office documents dating from that year in my Achieves but as far back as I can remember, my visa application for the said year was only delayed Because of the complex nature of modules and coursework i was doing, the University’s school office was unable to provide me the necessary documents for my Home Office Visa application, and has to be done by my course director. And since my course director was on exceptional leave at the time, I was unable to get the necessary confirmation from the university in time for my visa renewal, resulting in a slight delay to my application. I remember sending my application as soon as I received the documents and the leave to remain was subsequently granted without any hiccup

[paulp]

If you didn't send your visa application in time, i.e. before your previous visa expired, then you have a gap. It will probably come down to the discretion of the caseworker for ILR.

[syedz]

yes i understand that .. but I remember seeing on one of the old application forms that if the visa has expired then I still have 28 days to apply. Does anyone has any links to such a document from the past ... because if it is the case then perhaps i can argue that my stay was legal and continuous.

[paulp]

yes i understand that .. but I remember seeing on one of the old application forms that if the visa has expired then I still have 28 days to apply. Does anyone has any links to such a document from the past ... because if it is the case then perhaps i can argue that my stay was legal and continuous.

I'm afraid that is not the case. Section 3(c) is the paragraph of the immigration law that extends your legal leave during applications and it is quite specific that it only applies when you've made an application "in time", i.e. before expiry of previous visa.