10 years ILR, possible gap?

[PBS123]

Hi I was wondering if I can get some advice regarding this issue. Basically I am hoping to apply for ILR under 10 years long residence route. Whilst checking my documents I noticed that my first visa extension was issued after my first visa expired.

I managed to find the UKBA letters related to this application, basically my application was returned to me with a letter explaining that although I had provided my card details in the application form they had been unable to collect the application fee. The letter mentioned that I had to return my application form with the fee within 28 days of receiving the letter in order for my application to be considered by the UKBA or otherwise they’d treat the application as having been withdrawn.

I have already applied for the SAR records to check what the records say with regards to my applications and I am still waiting to receive my SAR. However so far as I can tell I must have returned the application with the fee within 28 days (I don’t recall sending a fresh application after that) as my application was approved and I received my visa from the UKBA the following month.

I also searched this forum for similar cases and I found a couple, one specifically was granted ILR despite having this problem because the application was resent to the UKBA within the 28 days as mentioned in the letter (See below URL). Can somebody please advise whether my case can also be considered based on the same argument?

http://www.immigrationboards.com/viewto ... 228#447228

I also found another thread which explains that UKBA has recently lost a case with regard to failed payment, (See below URL). Perhaps further reason to be optimistic?!!

http://www.immigrationboards.com/viewtopic.php?t=99911

Details of my case:
Application for extension was made on 26/09/2005
Visa expired on 30/09/2005
Failure of payment letter from UKBA was sent on 06/10/2005
Visa extension was approved on 29/11/2005

(All other visa extensions were approved before the visas expired)

Any advice would be highly appreciated!

[vinny]

Can somebody please advise whether my case can also be considered based on the same argument?

http://www.immigrationboards.com/viewto ... 228#447228

Why do you think that it won't be considered based on the same argument?

[PBS123]

Can somebody please advise whether my case can also be considered based on the same argument?

http://www.immigrationboards.com/viewto ... 228#447228

Why do you think that it won't be considered based on the same argument?

No reason really, I was just double checking to confirm whether I can make the same argument. So I guess I'm just a bit worried that UKBA may argue that my application was out of time even though it was approved after replying to their letter within 28 days.

Thanks for your reply.