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ILR refused due to one month gap

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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engineerfaisal
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Posts: 1
Joined: Fri May 20, 2016 7:01 pm

ILR refused due to one month gap

Post by engineerfaisal » Sat May 21, 2016 12:25 am

Hi,
I have resided in UK for the last 11 years.
I applied for ILR on the basis of 10 years long residency. My application was declined by Home office as there was a gap of one month.
My student visa was expiring on 30 September 2007 and university applied for the visa extension on 28 September 2007 but the engineering department didn't issue registration letter, therefore the university couldn't issue the registration letter to home office and home office didn't have choice and declined the application on 21 November 2007.
I received a letter dated 15 November 2007 stating that I have launched an appeal for resit and will be decided soon but the department didn't allow me to resit and then university asked me to get admission in some other institute and university will resubmit your application for leave to remain which I did and the university resubmitted my application in December and home office received the application on 21 December 2007 after 30 days i.e.

"on 28 September 2007 you applied for leave to remain. this was rejected on 21 November 2107.
on 21 December 2007 you applied out of time for leave to remain. this was granted on 28 January 2008 until 30 April. "


these are the exact words written on the rejection letter by home office.

My question is I was kept in dark by university as I was emailed by director of engineering department that I should pay for resit and I applied for the extension of visa on 28 September 2007 and university send my application for visa extension but after wards university didn't issue the registration letter and my visa was refused on 21 November 2007.
on 15 November I received a letter by post from university that I have launched academic appeal for resit but that was declined after a month.
then I applied through university with another institute registration letter on 21 December 2007 and was granted visa on 28 January 2008.
This gap generated in my 10 years residency is due to university and its department. I did everything to send my visa application on time but due to university carelessness I suffered.
I want to know what are my chances to win this case. please help me in this regard. I have given 11 years to become permanent UK residence.
I will appreciate any kind of help.
Thank you
Best Regards
Faisal Nazir

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR refused due to one month gap

Post by vinny » Sat May 21, 2016 2:40 am

Unfortunately, the Home Office does not normally consider university's misactions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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