slick086 wrote:Hi guys,
Last yr I submitted my application for a teir 4 visa in november 25th. I didn't get a response until January 6th 2 days after my visa had already expired. the reason was because i submitted copies of the birth certificate and bank statements
I have submitted another application in the same month 21st January (13 days after i received my application). still waiting for a response
does this rejection affect my 10 yr stay, and are there steps I could take to get that record expunged ? presently i've been in the UK for 7
It is irresponsible of them to give me back my documents after the expiry date then turn around to say its my fault. WOuld I therefore need a lawyer in the future ?
You need to chill. You will become eligible more than two years from now. We don't know if the scheme will still be around then or whether the same rules will apply, its just too far ahead. But by current rules, Yes you have a break in continuous stay. From your information, it looks like 17 days, if your visa expired two days before the 6th and submitted another application on the 21st. If the same rules are there, I would suggest you get legal assistance. I think the guidance was changed last November to make the discretion allowance strictly 10 days instead of a less strict cutoff before, therefore it might be wise to get some legal advice, but blaming the UKBA will not help you in this case because, the guidance is clear, they want original documents or notarised copies. This was your mistake. I sympathise that the consequences on your immigration record are severe. In the end it will be up to the case worker and their discretion.