Gap because of invalid application and ILR -URGENT help need

[vinny]

Invalid letter with return application 14th sep 2009 (forgot to send police registration)
Resubmitted on 8th oct,2009 T1 granted 31/10/2009 unit 31/10/2012

Under current instructions, failure to register/send police registration would not have made the application invalid.

You must make the covering letter to the individual detailed enough for it to be used as evidence to the police that an application is with the UK Border Agency pending registration and endorsement of the PRC.

[Maliksabour]

malik ,


My application has been successful and HO has granted me ILR

did you hear anymore from your solisitors about the gap for once invalid application . what is your situation now . pls update so i would be sure of my fate

[Maliksabour]

Application approved, Granted ILR by HO end of April

Do not mention any details in application about the gap as it is administrative error
My solicitor did not mentioned this is covering letter

[R1011]

Hi

I require some urgent guidance, my case is as following

Work visa expiry : 22nd april '09
Applied for extention : 19th april 09 by post
Application sent back as invalid due to my "Photograph too far " : 7th may '09.
Replied with new photograph : 10th May
Tier 2 extention visa approved : 17th june

My Question is.

Law says that you are taken as overstayer two days after recieving Invalidity Notice from UKBA. It also says you can apply within 28 days of overstay to avoid rejection..

What it doesn't say, is whether the entire tenure while my new application is been processed by UKBA be treated as overstayer or not.

If the answer to above is yes than UKBA should send their decision within 28 days or else this relaxation of 28 days doesn;t make any sense.. In my sense i reapplied within two days by post but UKBA took 40 days to approve my extension..

Now I am applying for ILR. Considering above can someone suggest whether it would be approved .. Any suggestion on approach would be very helpful..

Please help

[sheraz7]

Hi

I require some urgent guidance, my case is as following

Work visa expiry : 22nd april '09
Applied for extention : 19th april 09 by post
Application sent back as invalid due to my "Photograph too far " : 7th may '09.
Replied with new photograph : 10th May
Tier 2 extention visa approved : 17th june

My Question is.

Law says that you are taken as overstayer two days after recieving Invalidity Notice from UKBA. It also says you can apply within 28 days of overstay to avoid rejection..

What it doesn't say, is whether the entire tenure while my new application is been processed by UKBA be treated as overstayer or not.

If the answer to above is yes than UKBA should send their decision within 28 days or else this relaxation of 28 days doesn;t make any sense.. In my sense i reapplied within two days by post but UKBA took 40 days to approve my extension..

Now I am applying for ILR. Considering above can someone suggest whether it would be approved .. Any suggestion on approach would be very helpful..

Please help

In your situation you should be fine because you reapplied within 28 days after being served with the notice of invalidity.

[R1011]

Thanks Sheraz

That's reassuring but with refrence to entire chains and all above case refrences including Malik's. Everyone was in same boat . they all reapplied within four to five days of notice but had to overstay beyond 28 days waiting for UKBA to decide their application..

I was more looking for case reference or a UKBA guideline which is around this ..

Thanks for replying, everything helps in such situation..