10 years ILR application - gap

[aWilliam]

Hi, this is my case please help.

I was very happy that I completed 10 years in this country as student, my solicitor suggested to order SAR file from the HO. It has arrived after 3 months. With a careful study I noticed that I had applied late in different application as follows: 5 days, 4 days and 1 day.

In one occasion my application was rejected because was not written the proper amount on the cheque, but they received my application on 2nd August and were returned (In the SAR file shows as rejected); then I sent them a correct fee, the HO received on 24th August my visa was due on 31st July. Does this mean 24 days gap?

You know I’m really disappointed and can someone advice me in this, please. Do you think is wise to apply for ILR?

[vinny]

In one occasion my application was rejected because was not written the proper amount on the cheque, but they received my application on 2nd August and were returned (In the SAR file shows as rejected); then I sent them a correct fee, the HO received on 24th August my visa was due on 31st July. Does this mean 24 days gap?

See also Consequences of failing to pay the fee specified for an application

16

[oluwa112]

In one occasion my application was rejected because was not written the proper amount on the cheque, but they received my application on 2nd August and were returned (In the SAR file shows as rejected); then I sent them a correct fee, the HO received on 24th August my visa was due on 31st July. Does this mean 24 days gap?

You know I’m really disappointed and can someone advice me in this, please. Do you think is wise to apply for ILR?

Quick Question. When they sent back your application form due to incorrect fee, did the accompanying letter state that your application was rejected and invalid due to wrong fee or did they Give you a Grace Period maybe like 28 or 30 days to send the appropriate amount otherwise your application will be rendered invalid?

Also you state that Your Visa Expired 31st July, but they didnt receive the application till August 2nd. If you sent you apllication form earlier do u still have evidence that you sent your application in good time, cos I believe that on their website, the accept the date of Delivery Via royal mail as the day the application was received. For example, You sent it via Royal Mail on 29th July, but they dont recive the application Till August 2nd. As you used Royal Mail *recorded delivery at the least* to sent your application to them. Your Application will be marked as Received 29th July.

[aWilliam]

In one occasion my application was rejected because was not written the proper amount on the cheque, but they received my application on 2nd August and were returned (In the SAR file shows as rejected); then I sent them a correct fee, the HO received on 24th August my visa was due on 31st July. Does this mean 24 days gap?

See also Consequences of failing to pay the fee specified for an application

16

Thanks vinny that was great help, in one of the paragraphs is mentioned as follows that means am I fine?

"(2) An application referred to in regulation 3 or 4 which is made prior to 21st May 2007 will be treated as having been validly made regardless of whether the fee specified in respect of that application has been paid."

This has happened in 2004, a silly mistake made by me.

[aWilliam]

In one occasion my application was rejected because was not written the proper amount on the cheque, but they received my application on 2nd August and were returned (In the SAR file shows as rejected); then I sent them a correct fee, the HO received on 24th August my visa was due on 31st July. Does this mean 24 days gap?

You know I’m really disappointed and can someone advice me in this, please. Do you think is wise to apply for ILR?

Quick Question. When they sent back your application form due to incorrect fee, did the accompanying letter state that your application was rejected and invalid due to wrong fee or did they Give you a Grace Period maybe like 28 or 30 days to send the appropriate amount otherwise your application will be rendered invalid?

Thanks for responding 'oluwa112'. I do not remember, was quite long time and I don't have any letter, but in the SAR file I can see in one of the screenshot says: "application rejected, partial fee paid £150 chq forwarding to applicant ppt x 1 & docs" on 16 August 2004.

Also you state that Your Visa Expired 31st July, but they didnt receive the application till August 2nd. If you sent you apllication form earlier do u still have evidence that you sent your application in good time, cos I believe that on their website, the accept the date of Delivery Via royal mail as the day the application was received. For example, You sent it via Royal Mail on 29th July, but they dont recive the application Till August 2nd. As you used Royal Mail *recorded delivery at the least* to sent your application to them. Your Application will be marked as Received 29th July.

Actually I do not have any evidence as I thrown away. I have two passports since 2001 and I lost the previous from 1999 to 2001. Luckyly I have SAR file so I am working out, but I have more questions.

How do they count the gaps? for example my visa was due on 31st July and they received 2nd August (as it shows in the SAR file), how many days are late?

[oluwa112]

@ aWilliam

If Visa expired 31st July and they received it on 2nd August, then from that date its 2 days Late.

which can be pardoned if you have not done so multiple times.

Have you read this as well?
Chapter 18 of the Immigration Directorate Instructions, it like a case worker guide and how and when they can use dicretion, If you have not, I suggest you do, i found it very useful.


http://www.ukba.homeoffice.gov.uk/sitec ... nal_d1.pdf

[aWilliam]

@ aWilliam

If Visa expired 31st July and they received it on 2nd August, then from that date its 2 days Late.

which can be pardoned if you have not done so multiple times.

In one of the application my visa expired on 20 December and I applied in person on 21 December, I thought I was late 1 day, but in the SAR file shows 'in time' application which is 0 days.

[oluwa112]

@ aWilliam

If Visa expired 31st July and they received it on 2nd August, then from that date its 2 days Late.

which can be pardoned if you have not done so multiple times.

In one of the application my visa expired on 20 December and I applied in person on 21 December, I thought I was late 1 day, but in the SAR file shows 'in time' application which is 0 days.

Ah Now that You mention...

In that case, we might have some problem.

As your Permit ran out December 20th, You were issued another on 21st December cos you went in person, your application was marked as in time. You were Legal on 20th as u corrected immediately.

Now with the postal application they didnt get your application till 2 days after expiry, you would remain out of status till they Issued you a new Visa. So if you were not issed till 5th September, From 1st August - 4th September you were out of Status.

I guess that makes sense

[aWilliam]

@ aWilliam

If Visa expired 31st July and they received it on 2nd August, then from that date its 2 days Late.

which can be pardoned if you have not done so multiple times.

In one of the application my visa expired on 20 December and I applied in person on 21 December, I thought I was late 1 day, but in the SAR file shows 'in time' application which is 0 days.

Ah Now that You mention...

In that case, we might have some problem.

As your Permit ran out December 20th, You were issued another on 21st December cos you went in person, your application was marked as in time. You were Legal on 20th as u corrected immediately.

Now with the postal application they didnt get your application till 2 days after expiry, you would remain out of status till they Issued you a new Visa. So if you were not issed till 5th September, From 1st August - 4th September you were out of Status.

I guess that makes sense

Thanks oluwa112, what would you advice? I just finished with my research on SAR file and have three gaps in total with 5, 4 and 2 days; one refused visa due to wrong cheque. My visa will expire in 31/12/09 and I'm doing MA at Kingston University to finish on 31/05/10 (actually I’m part time student doing dissertation). Do you think should risk for ILR or just pack and leave. Anyway I will not get student visa with part time course. By the way I came to this country on 20/06/1999.

[oluwa112]

aWilliam...

This is a very Tricky Tricky Application cos reading the case worker guide and looking at your situation, I am not sure u will be able to make a sucssful application, not on the 10 yrs Basis anyways as it requires Continuous Lawful residence. If you were applying Via the 14 year route, you would have a shot as the residence doesnt have to be Lawful *so the breaks in between will not matter*

Basically, unless you get a totally incompetent caseworker, or a very very lenint and generous casework, the odds are truely stacked against you. Cos if you read the casework file, it states that if there are multiple break, then you have not made the effort to remain lawful.

Its a 50/50 sort of a yes or a no, But from just looking it is tilting more to the NO side of the scale than Yes.

[a_survivor]

Hey aWilliam

I agree with oluwa112. As someone who applied and was refused due to purported 'gaps' I would recommend that you mull over your options carefully.

In my case my current visa expired just before they refused my application (after they sat on it for months) and so I have no choice but to fight it. I am on the radar now and I cant vary my leave to remain while the appeal is pending.

At the same time, I have heard of people who took a gamble and were granted even with gaps. The application can go either way.

Anyway best of luck with whatever you decide.

[acothread]

Hi,

As pointed out by the previous posters it is a tricky application. If I were in the same situation and it is a choice between packing and leaving and risking a ILR application, I would apply.

But this is a very individual problem and it is upto you to decide what to do. All the best though and I hope you are successful if you do decide to apply.

[koko68]

i applied on 12 march
receive acknowledgment 15 march
waiting for biometric letter
how long it take to receive biometric letter for long residency after submission application