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10 year Continous Lawful Residence--Single gap

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mahi
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Posts: 8
Joined: Thu Jul 12, 2007 4:42 pm

10 year Continous Lawful Residence--Single gap

Post by mahi » Sat Jul 07, 2012 7:01 am

I have completed 10 years of stay in the UK however I am concerned of a single gap and whether this would have an affect in my application.
My student via expires on 31/10/05, I applied for the visa on 19/10/05 i.e In-time application. At the time my employer took the lead in the application. After some time of submitting the application, Case Worker at Home Office rang me saying that the qualification I gained in the UK is not of a degree level(regardless of my masters degree gained outside the UK), I was told that my employer should have done Out-Country application instead of InCountry application. so I withdrawn the application on 5/11/05, then I returned to Home country on 22/11/05. I can't remember of whether I was given 28 days of deemed leave when I withdrawn the application which I have no evidence to this as I lost the letter sent to me, also that letter is not in SAR report.

Anyway I left the UK on 22/11/05 with the intent of returning to UK. My Employer then applied for Out-Counrty Work Permit, I then returned to UK on 12/12/05 with a Workpermit visa.

Any relevance of 3C and 3D of Immigration Act 1971 mean to this case?

Please advise,

many thanks for your time.

quantum1
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Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Re: 10 year Continous Lawful Residence--Single gap

Post by quantum1 » Sat Jul 07, 2012 9:57 am

mahi wrote:I have completed 10 years of stay in the UK however I am concerned of a single gap and whether this would have an affect in my application.
My student via expires on 31/10/05, I applied for the visa on 19/10/05 i.e In-time application. At the time my employer took the lead in the application. After some time of submitting the application, Case Worker at Home Office rang me saying that the qualification I gained in the UK is not of a degree level(regardless of my masters degree gained outside the UK), I was told that my employer should have done Out-Country application instead of InCountry application. so I withdrawn the application on 5/11/05, then I returned to Home country on 22/11/05. I can't remember of whether I was given 28 days of deemed leave when I withdrawn the application which I have no evidence to this as I lost the letter sent to me, also that letter is not in SAR report.

Anyway I left the UK on 22/11/05 with the intent of returning to UK. My Employer then applied for Out-Counrty Work Permit, I then returned to UK on 12/12/05 with a Workpermit visa.

Any relevance of 3C and 3D of Immigration Act 1971 mean to this case?

Please advise,

many thanks for your time.

Section 3C leave ceases when you withdraw an application.

15Jan
Newbie
Posts: 35
Joined: Wed Aug 31, 2011 2:17 pm

Post by 15Jan » Sat Jul 07, 2012 2:58 pm

I agree with quantum1, your legal stay ceases on 05/11/05.

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