Long Residency 10 Year Legal Stay-ILR-Refusal

[Spidery_thread]

Hi Guys,

Does any one has applied for ILR on the basis of 10 years legal stay(in 2011/12) and their application was refused due to a gap(more than 10 days) in the residency?

Please post your replies.

Many Thanks.

[bcm]

i have, see my post

[wpilr_nov12]

Hi Guys,

Does any one has applied for ILR on the basis of 10 years legal stay(in 2011/12) and their application was refused due to a gap(more than 10 days) in the residency?

Please post your replies.

Many Thanks.

Would you like to give more relevant details?

[Spidery_thread]

i have, see my post

How long your first gap was? and what was the reason for the the gap?

[Spidery_thread]

Would you like to give more relevant details?

@wpilr_nov12

ILR Qualifying period: 15 Sep 2011
latest Visa Expiry(in 2011): 09 July 2011
Tier 4 Filed: 30 June 2011(with 3 Dependants).
SET(O) Filed: 15 Sep 2011(requested variation of Leave from T4 to ILR)
FLR(M) Filed(for Spouse): 15 Sep 2011(with 2 Dependants on FLR(M)
Tier 4 Approved: 05 Oct 2011(until 31 July 2012, Variation of Leave was not taken into account by HO)
ILR- Refused: 21 Nov 2011(with no right of appeal as Tier 4 was approved, case worker claimed 62 Days in Country Gap in residency)
HO kept both application fees(took me 11 months to get a refund of Tier 4, which was issued in June 2012)
ILR Refusal Review Request: 30 Nov 2011
ILR Review Refused: 29 Dec 2011
Pre-Action Protocol Letter(JR) Sent: 05 Jan 2012(HO forwarded to same team)
Did not file JR
Pre-Action Protocol Letter(JR) Refused: 03 Feb 2012
I sent Dissatisfaction(incorrect proportionality applied) Letter: 08 Feb 2012
Letter to MP: 05 Feb 2012
MP's Response with UKBA Enclosure: 03 May 2012----
Deputy Chief Case Worker Letter(enclosed with MP's Letter): 12 March 2012; Final Refusal.

Reapplied ILR-SET(O): 04 July 2012
FLR(M): 04 July 2012(Spouse & 2 Dependants)
Biometric: 29 Aug 2012(Supplied: 31 Aug 2012)
Decision: Waiting


Background:

First Entered U.K: 16 Sep 2001
Remained Student Until : 31 Jul 2006
WP Applied: 30 July 2006
WP Refused: 23 Aug 2006(with limited right of appeal but 2 review requests were allowed)
Review Request filed: 31 Aug 2006
Review Request Decision(original decision to refuse WP maintained): 13
Nov 2006
FLR(S) Filed: 17 Nov 2006
FLR(S) Approved: 20 Dec 2006
Remained Student Until: 31 Oct 2008
PSW Applied: 23 Oct 2008
PSW Approved: 09 July 2009(took HO 8 months & 17 Days)

[Spidery_thread]

I argued my case that the Gap which I have in my residency in an administrative error by UKBA, as I was not notified at the time of refusal of my employer's application for my WP and during the whole review process(which took HO 62 days) that "a review request does not constitute an in time application for further leave to remain".

My employer and myself was in constant contact with 6 different WP & LTR staff through out the review process of 62 days.(I have names of all these HO staff) and none of these had notified us about the situation.

I reapplied ILR on 4 July 2012 with detailed cover letter with a followup letter(July 2012) I found later on my PC, which has exact correspondence I had with HO staff back in 2006.
2nd supporting letter(Dec 2012) with details of the concern person involved in the WP application.