ILR (10 years) Refused- 1 month delayed FLR

[rkind0301]

Hello every one,

I have been following this forum eversince I was getting ready to apply for ILR(10 years). thanks to moderators and site administrator for their rigorous help and support to everyone who seeks help on this platform. You are doing a great job.

I have applied for ILR (10 years) in Feb 2012. Got refusal in Sep 2012. The reason for refusal was traced back to 2004 as there was 1 month gap between then visas.

I came to U.K. in Feb 2002 (Age 21). Applied for ILR(10 years) in Feb 2012. Present age 31. Not yet married(Single, not in relationship). I have given this little information about me because it will help you to give back your thoughts about my case after reading below (subject to Article8).

In 2004, I had my visa until 31 Dec 2004. I almost got prepared to go for FLR on student visa by mid of Dec 2004 or before Christmas 2004. But, unfortunately On 5 Dec 2004 I lost my passport. Then, it was until 31 Jan 2005 that I could not make my in-country FLR(s) application. Because, it took me that long to get new passport from my embassy here in U.K. Then, subsequently I got extended on 31 Jan 2005 followed by few more extensions until Feb 2012 on other categories.

Please anyone can clear my doubt on the following question:

As per Home Office, I have broken my continuous status in that 1 month period i.e. from 31 Dec 2004 to 31 Jan 2005. But, it was not deliberate move. It was very unfortunate that I lost my passport. But, to acquire the new passport I have gone through all the procedures whatever I could have to.. like submitting police report in the embassy and etc..

So..
Does this 30 days gap really affect my ILR visa? ofcourse it has been refused so? How can I justify myself in the court after spending all these years in this country? Sorry, I forgot to say that I have appealed it and waiting for my hearing date.

I welcome your valuable suggestions or thoughts and will be grateful to you for your kind help.

Thanks

Rakesh

[geriatrix]

You can use your judgement in cases where there may be exceptional reasons why a single application was made more than 10 days out of time. For example, exceptional reasons can be used for cases where there is:
 a postal strike
 hospitalisation, or
 an administrative error made by the UK Border Agency

IMHO, If you have relevant evidence(s) to prove loss of passport in 2004 (e.g. - police report) a sensible judge should be able to consider your reason (of applying late) as one among "exceptional reasons".

[rkind0301]

Thank you for your reply 'Sushdmehta'.

Actually, I have submitted original police report to Indian embassy then only, I was given new passport. But, I did not keep the photocopy of the police report. It was a blunder which I can only realize now otherwise.

So, planning to approach police again though. But, anything else will you be able to suggest me please!

--Rakesh

You can use your judgement in cases where there may be exceptional reasons why a single application was made more than 10 days out of time. For example, exceptional reasons can be used for cases where there is:
 a postal strike
 hospitalisation, or
 an administrative error made by the UK Border Agency

IMHO, If you have relevant evidence(s) to prove loss of passport in 2004 (e.g. - police report) a sensible judge should be able to consider your reason (of applying late) as one among "exceptional reasons".

[aqk_cool]

Hello Rakesh,

I believe yes, if you manage to submit your evidence of losing your passport they would definitely re-consider your application.

Any chance you could let me know the list of documents you have submitted with your application? As I am going to submit my 10 years long residency application in December 2012.

Thanks
Abdul Qadir