Invalid application notification received after visa expired

[amyli]

Hi

I applied for ILR before the end of my permitted stay but they just informed me that my application was invalid because I hadn't answered one question. It was dumb of me but I thought the question did not require answering because I had answered no to the previous question.

Anyway, their letter came today, over 3 months after I applied and over 2 months after my permitted stay ended. Their letter did not say anything about next steps, whether I had to leave the country or whether I could stay and reapply.

I called the UKBA and was told that technically I should leave the country, apply to re-enter and then re-apply for ILR but that alternatively, I could stay in the country and send an out-of-time application.

I chose to do the latter and included a covering letter saying that I understood I could stay in the country until they decided on my application (on the basis that I am continuing the previous application).

What are people's experience in cases where applications are invalid? Would the new application be considered invalid because it was sent out-of-time? Should I be leaving the country while waiting? Should I stop working while waiting?

Thanks for your help.

Amy

[vinny]

Note that

18.2 However, where there has been an unacceptably long delay (that is, more than 3 months) before the validity of the application is considered, discretion should be exercised and an application not rejected as invalid because it does not satisfy one or more of the mandatory requirements. In these circumstances, requests to the applicant for further information may have to be made. Applications may be refused if this information is not provided within the required timescale

What was the question and what category were you in?

[amyli]

Note that

18.2 However, where there has been an unacceptably long delay (that is, more than 3 months) before the validity of the application is considered, discretion should be exercised and an application not rejected as invalid because it does not satisfy one or more of the mandatory requirements. In these circumstances, requests to the applicant for further information may have to be made. Applications may be refused if this information is not provided within the required timescale

What was the question and what category were you in?

Thanks for your response.

I used Set(O) form as I had a work permit visa and the unanswered questions were 7.2 to 7.7.

It does say just above 7.2 that I should be answering these even if I answered no to 7.1 but I did not see that at the time. Kicking myself for being so dumb.

I wish they had contacted me for further information. What was the point of giving phone numbers and email addresses if they would not use it?

What do you think I should do now?

[vinny]

Provide the missing information ASAP. Request for discretion under 18.2 that the initial application be treated as valid.

[amyli]

Provide the missing information ASAP. Request for discretion under 18.2 that the initial application be treated as valid.

Thanks I'll do that and let you know how it goes.

If it turns out that I have to go back to my country, what impact would all this have on my application for leave to enter and remain?

Would I still qualify for ILR when I get back?

[amyli]

Just thought I'd let you guys know that I got granted ILR following my second application.

[smaganti]

Congratulations....