long residence application with gap

[jamiluddin]

Hello,
I have applied for long residence ILR on 05/3/2013. I potentially had a gap during my visa extension in 2005. My visa then was valid until 30/09/2005.(Friday). I sent the application that time though my university which home office received on 03/10/2005(Monday). On SAR ukba mentioned it as 2 day gap, then my visa got rejected on 17/10/2005 due to out of date form sent by my university ,on 27/10/2005 my univeristy sent fresh application which was granted on 18/11/2005.
I took a letter from my university saying that they must have sent the application on or before 30/09/2013 as they work Mon-Fri .

now I have seen that UKBAwill allow 28 day out of time application instead of 10 day from april 2013. Even UKBA considers gap in my application ,as my University sent the second application on 27/10/2005 ,which makes a 26 days gap (from 30/09/2005 to 26/10/2005).

My question is will i get benifitted form this change even if i have applied before the change came in April. I've applied through solicitor ,should my solicitor write any letter to UKBA regarding this change regarding my application.

Thanks in advance

[sheraz7]

If your SAR report is saying that gap is only 2 days during 10 years then I believe it can easily be disregarded.

[jamiluddin]

But later the application got rejected due to invalid application , so theere will be 26 days gap if UKBA disregard my first application

[sheraz7]

when did you get your SAR file.

[jamiluddin]

In May 2012

[sheraz7]

Then I will suggest you to follow only the SAR report which is 2 days gap and even the gap up till 28 days the new Long residence guideline 2013 allows.