10 YEAR LAWFULLY

[yasirctl00001]

Dear All,

I came to UK on 11 JAN 2004. I am applying for ILR under 10 year rule before the end of January 2014 (my current leave runs out on 16 March 2016 HSMP tier 1 GENERAL).

I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.

During 2008, my visa was expiring on 31st March 2008 (student Visa and applied for extension). Home office received my application on 26 March 2008.

I forgot to fill the section on forms from 7.2 to7.6 which were mandatory. As a result in the SAR documents I received I can see on 14 April 2008 my case was rejected and it has notes/minutes saying .. Application not completed section 7.2 to7.6 are mandatory, there fore application rejected and returned all documents including passport and other supporting documents. Dated 14 April

I received the returned documents along with a letter next day by filling the section from 7.2 to 7.6 (that were just closed questions like tick in the boxes)according to SAR home office received my documents again on 16 April 2008 and they started working on my application on 24 April 2008.

In the SAR file I can see a decision made on 10th May 2008 and they granted me visa until 31st October 2009.


What concerns me and why I have told you this whole story is the following:

1- In the SAR in case record sheet for the date 10th May 2008 when the leave to remain was granted, there is a note saying "previous application rejected"

Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2008?

Can this argument be used to say that, actually the ILR clock has not been broken?

I have seven time visa extension and all time applications were made on time except this rejection mentioned above though it was submitted on time too.

Thanking you in anticipation.

Yasir

[sheraz7]

The new long residence guidance 2013 very prominently allowed an out of time application up to 28 days and which can be applied in your case.

[sheraz7]

Go through this chapter and especially read the examples too:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[mmc]

Go through this chapter and especially read the examples too:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You should be okay, as your continue residency was not broken at that time, so you should be good to go...