Gaps in continuous residence

[nicensimpletweetie]

Hello All,

I would really like your help as I in a really difficult situation.

I have been in the UK for the past 10 years and so I am looking at applying for ILR.

Recently I applied for the SAR and found that there was a gap in 2008. What happened is this: In 2008, my student visa was due to expire on the 31st July and because I had not yet received my results for my course I could not apply for the IGS visa. I sent in an in time application on the 31st July for an extension of my student visa but while my application was with HO I got my results and as a result I was no longer eligible for the student visa. Home Office called requesting further information, I told them that I wanted to now apply for the IGS visa. My documents were sent back to me on the 11th August according to my SAR. On the letter it said that I had 28 days from the date of the letter, which was dated 11th August 2008, to get back to them. The reason given was that I had used the incorrect form. I submitted a new application for IGS on the 1st September, which was 21 days from the date the documents were returned to me according to the SAR. As a result, the SAR records show that this application was out of time.

Could this gap be classified as 'deemed extension' given the fact that I was given 28 days to reply to Home Office?

In addition to the above gap. I found another problem. In 2002, my visa was due to expire on the 12th of January as I was given 6 months entry clearance on a visitor's visa in July 12 2001. As far as I can remember I posted my application on the 11th January but the SAR lists two different dates that application was received/raised, both late. They are the 13th January, which is a Sunday, and the 17th January which is a Thursday. Unfortunately I do not have proof of postage. What I would like to know is could this fall under the ten day rule in this instance as I do not have proof of postage?

I really don’t know what to do and would really appreciate your help.

Any advice you can give would be really appreciated.

Thanks

[2012]

Hello All,

I would really like your help as I in a really difficult situation.

I have been in the UK for the past 10 years and so I am looking at applying for ILR.

Recently I applied for the SAR and found that there was a gap in 2008. What happened is this: In 2008, my student visa was due to expire on the 31st July and because I had not yet received my results for my course I could not apply for the IGS visa. I sent in an in time application on the 31st July for an extension of my student visa but while my application was with HO I got my results and as a result I was no longer eligible for the student visa. Home Office called requesting further information, I told them that I wanted to now apply for the IGS visa. My documents were sent back to me on the 11th August according to my SAR. On the letter it said that I had 28 days from the date of the letter, which was dated 11th August 2008, to get back to them. The reason given was that I had used the incorrect form. I submitted a new application for IGS on the 1st September, which was 21 days from the date the documents were returned to me according to the SAR. As a result, the SAR records show that this application was out of time.

Could this gap be classified as 'deemed extension' given the fact that I was given 28 days to reply to Home Office?

In addition to the above gap. I found another problem. In 2002, my visa was due to expire on the 12th of January as I was given 6 months entry clearance on a visitor's visa in July 12 2001. As far as I can remember I posted my application on the 11th January but the SAR lists two different dates that application was received/raised, both late. They are the 13th January, which is a Sunday, and the 17th January which is a Thursday. Unfortunately I do not have proof of postage. What I would like to know is could this fall under the ten day rule in this instance as I do not have proof of postage?

I really don’t know what to do and would really appreciate your help.

Any advice you can give would be really appreciated.

Thanks

1. The first one is a gap.
2. The 2nd point, yes u cud say that but u already have a gap before.

[nicensimpletweetie]

Hmmmm, ok. Thanks for your response by the way. Okay, I have another question then. From what I'm reading in the immigration rules, it seems that the gap in 2002 starts from the date of visa expiry until the date that the visa is issued. Is that how it works? The reason I'm asking is because the visa I applied for in January 2002 was not issued to me until the December 2002 and I'm just wondering if I submit my application 28 days before the 13th or 17th January when Home Office had my application based on their records, whether that would make a difference or not in dealing with that gap and whether section 3C or any other policy is applicable in that period at all. Would I only get rid of that first gap by applying in December 0f this year instead of now?

[2012]

Hmmmm, ok. Thanks for your response by the way. Okay, I have another question then. From what I'm reading in the immigration rules, it seems that the gap in 2002 starts from the date of visa expiry until the date that the visa is issued. Is that how it works? The reason I'm asking is because the visa I applied for in January 2002 was not issued to me until the December 2002 and I'm just wondering if I submit my application 28 days before the 13th or 17th January when Home Office had my application based on their records, whether that would make a difference or not in dealing with that gap and whether section 3C or any other policy is applicable in that period at all. Would I only get rid of that first gap by applying in December 0f this year instead of now?

1. If you make an application before you visa expiry date then it does not matter how long HO takes to decide the application.
2. If HO takes weeks, months, year then u leave is extended under Section 3C and untill a decision is made your stay is legal and continuous.
3. It only works if u apply before u visa expiry date.

[nicensimpletweetie]

Ok, so if Home office decide to go with either of the dates they have then it would be a late application, then. Am I able to contest it as they have two different dates in their files? Do you think this will make a difference?

[2012]

Ok, so if Home office decide to go with either of the dates they have then it would be a late application, then. Am I able to contest it as they have two different dates in their files? Do you think this will make a difference?

1. Raised date is not your issue as that is for UKBA own staff dates.
2. The raise date is wen a caseworker raised the application on the database.
3. For your concern, the application sent and received date is the important bits you need to look for.
4. If you have your SAR file then you shud be able to see all the pages wen the application was sent to HO alongwith your delivery information.
5. Wen i ordered SAR for my husband, i cud see each page for each application with the royal mail delivery information details.

[nicensimpletweetie]

Oh ok, well in the notes, they said that they received the application on the 13th which is a Sunday. I am sure that I did not send it on a Sunday.

[2012]

Oh ok, well in the notes, they said that they received the application on the 13th which is a Sunday. I am sure that I did not send it on a Sunday.

1. U are right to say that.

[nicensimpletweetie]

In the GCID notes under it says application/raised date is 17th. In the case worker notes thought it says 13th. There's a part to do with dispatch details and that also says application/raised date 17th.

[vinny]

My visa expired while being processed by Home Office and it was later rejected as circumstances meant that I now needed to apply in different category. My apllication was rejected as a result and I was given 28 days to get back to Home Office. Is there some policy or regulation that renders this time as lawful and continuous?

[vinny]

My visa expired while being processed by Home Office and it was later rejected as circumstances meant that I now needed to apply in different category. My apllication was rejected as a result and I was given 28 days to get back to Home Office. Is there some policy or regulation that renders this time as lawful and continuous?

1. IF the application was rejected then it means that application has been decided and the outcome is refusal.
2. Did you not get a right of appeal as your leave expired while the application was with ho?
3. If you do not have a valid leave then you will be considered an overstayer (if you did not appeal within the allocated time).
4. Your leave is not extended under section 3C and that period is not covered and that wud be out of time application.
5. Under which category did u apply?

[vinny]

My visa expired while being processed by Home Office and it was later rejected as circumstances meant that I now needed to apply in different category. My apllication was rejected as a result and I was given 28 days to get back to Home Office. Is there some policy or regulation that renders this time as lawful and continuous?

In what way did they 'reject' your application? If they did not refuse nor declare it as invalid, then you may vary it, with no loss in continuity.

[nicensimpletweetie]

In their letter to me they rejected my application as invalid as, in my telephone call with Home Office, I informed them that I now wanted to make an application for IGS and not a student application as originally intended because I had now received my results.

[nicensimpletweetie]

The thing is though, the applciation was not invalid because at the time of the application I had not yet received my results and so I was not finished with my course. I am just wondering could the JH Zimbabwe could apply my situation as well? By the way Vinny thanks for your response.