Gap in 10 year residency?

[rommy]

I applied for extension of my student visa on 28-12-2007 in person in Croydon. My visa was expiring on 31-12-07. I was missing one document and
they asked me to come back on 12-01-08 with the missing documents. The letter they gave me stated that they are returning my form and documents as I was missing one and asked me to bring it back on 12-01-08 otherwise it will invalidate my application and they will refund my fee. I did went back on 12-01-01 and I was granted the visa on the same day. I did not had to redo the form or pay the fee again as I had already done so on 28-12.

What I want to know is if this period of 12 days counts as a gap or I should be fine as I applied before my visa expired? Thanks everyone for your help.

[Graceofgod]

I applied for extension of my student visa on 28-12-2007 in person in Croydon. My visa was expiring on 31-12-07. I was missing one document and
they asked me to come back on 12-01-08 with the missing documents. The letter they gave me stated that they are returning my form and documents as I was missing one and asked me to bring it back on 12-01-08 otherwise it will invalidate my application and they will refund my fee. I did went back on 12-01-01 and I was granted the visa on the same day. I did not had to redo the form or pay the fee again as I had already done so on 28-12.

What I want to know is if this period of 12 days counts as a gap or I should be fine as I applied before my visa expired? Thanks everyone for your help.

As you went in person to apply before the expiry date of your visa and also you complied with date given to you by providing the missing documents ,your application is considered as being in time application (it is just like postal application where most of the applicants get their visas after the expiry date of previous visa). If you still have that letter you can enclose that with your ILR application.

[rommy]

I applied for extension of my student visa on 28-12-2007 in person in Croydon. My visa was expiring on 31-12-07. I was missing one document and
they asked me to come back on 12-01-08 with the missing documents. The letter they gave me stated that they are returning my form and documents as I was missing one and asked me to bring it back on 12-01-08 otherwise it will invalidate my application and they will refund my fee. I did went back on 12-01-01 and I was granted the visa on the same day. I did not had to redo the form or pay the fee again as I had already done so on 28-12.

What I want to know is if this period of 12 days counts as a gap or I should be fine as I applied before my visa expired? Thanks everyone for your help.

As they accepted your form and asked you to submit document on the later date you do not have any gap. You do not need to worry. If you still have that letter you can enclose that with your application.

Thanks a lot for coming back to me. I do still have the letter with me and it is quiet confusing. I am writing down the exact word from the letter below. The first paragraph say:
"We are returning the application form and documents received from you". then the 3rd paragraph says"Your application for limited leave to remain in the united kingdom which was presented in person at the Public enquiry office on 28.12.07 does not comply with the above mentioned requirements............"

So that seems like my application was invalidated. But then you read the last paragraph it says this word to word:

"We are therefore returing your application to you. In order to ensure that your application proceedds, you must return the application to the public enquiry office in a manner that complies with these requirements within 28 days of the date on which you received this letter. if you do not return your application within 28 days in a manner that complies with all the above mentioned requirements,the application will be invalidated and the fee (if any) will be refunded. In that event, if you still wish to apply for leave to remain in the united kingdom, you will have to make a new application"

What do you think about above? one again thank you for your help

[Graceofgod]

I applied for extension of my student visa on 28-12-2007 in person in Croydon. My visa was expiring on 31-12-07. I was missing one document and
they asked me to come back on 12-01-08 with the missing documents. The letter they gave me stated that they are returning my form and documents as I was missing one and asked me to bring it back on 12-01-08 otherwise it will invalidate my application and they will refund my fee. I did went back on 12-01-01 and I was granted the visa on the same day. I did not had to redo the form or pay the fee again as I had already done so on 28-12.

What I want to know is if this period of 12 days counts as a gap or I should be fine as I applied before my visa expired? Thanks everyone for your help.

As they accepted your form and asked you to submit document on the later date you do not have any gap. You do not need to worry. If you still have that letter you can enclose that with your application.

Thanks a lot for coming back to me. I do still have the letter with me and it is quiet confusing. I am writing down the exact word from the letter below. The first paragraph say:
"We are returning the application form and documents received from you". then the 3rd paragraph says"Your application for limited leave to remain in the united kingdom which was presented in person at the Public enquiry office on 28.12.07 does not comply with the above mentioned requirements............"

So that seems like my application was invalidated. But then you read the last paragraph it says this word to word:

"We are therefore returing your application to you. In order to ensure that your application proceedds, you must return the application to the public enquiry office in a manner that complies with these requirements within 28 days of the date on which you received this letter. if you do not return your application within 28 days in a manner that complies with all the above mentioned requirements,the application will be invalidated and the fee (if any) will be refunded. In that event, if you still wish to apply for leave to remain in the united kingdom, you will have to make a new application"

What do you think about above? one again thank you for your help

as per my understanding , HO gave you the time frame to comply with which you did so there should not be a problem.
Also it can be argued that why HO took the payment if the application was not valid or was going to be invalidated.

[rommy]

I applied for extension of my student visa on 28-12-2007 in person in Croydon. My visa was expiring on 31-12-07. I was missing one document and
they asked me to come back on 12-01-08 with the missing documents. The letter they gave me stated that they are returning my form and documents as I was missing one and asked me to bring it back on 12-01-08 otherwise it will invalidate my application and they will refund my fee. I did went back on 12-01-01 and I was granted the visa on the same day. I did not had to redo the form or pay the fee again as I had already done so on 28-12.

What I want to know is if this period of 12 days counts as a gap or I should be fine as I applied before my visa expired? Thanks everyone for your help.

As they accepted your form and asked you to submit document on the later date you do not have any gap. You do not need to worry. If you still have that letter you can enclose that with your application.

Thanks a lot for coming back to me. I do still have the letter with me and it is quiet confusing. I am writing down the exact word from the letter below. The first paragraph say:
"We are returning the application form and documents received from you". then the 3rd paragraph says"Your application for limited leave to remain in the united kingdom which was presented in person at the Public enquiry office on 28.12.07 does not comply with the above mentioned requirements............"

So that seems like my application was invalidated. But then you read the last paragraph it says this word to word:

"We are therefore returing your application to you. In order to ensure that your application proceedds, you must return the application to the public enquiry office in a manner that complies with these requirements within 28 days of the date on which you received this letter. if you do not return your application within 28 days in a manner that complies with all the above mentioned requirements,the application will be invalidated and the fee (if any) will be refunded. In that event, if you still wish to apply for leave to remain in the united kingdom, you will have to make a new application"

What do you think about above? one again thank you for your help

as per my understanding , HO gave you the time frame to comply with which you did so there should not be a problem.
Also it can be argued that why HO took the payment if the application was not valid or was going to be invalidated.

That's what I believe as well as they did not refund my fee and clearly stated in the letter that my application will be invalidated if I do not comply in next 28 days.
My lawyer have received my SAR file and it seems it does not have record on it of me going back to Croydon on 12/01/08 which I find very surprising. Do you think writing a cover letter and attaching this letter from HO will assist in rectifying this?

[vinny]

Note that between 1st August 2003 and 29 February 2008, they were supposed to request extra details and give you 28 days to respond before declaring an application as invalid.

[rommy]

Note that between 1st August 2003 and 29 February 2008, they were supposed to request extra details and give you 28 days to respond before declaring an application as invalid.

Thanks Vinny. So above should go in my favour right?

[vinny]

Yes.