Regarding GAP in Visa (ILR)

[engi333]

Hey All,

I am going to apply for ILR quiet soon and I have a questions if you could answer please.

When I extended my student visa first time in 2010 then my BRP came back after few months. When I applied my visa was going to expire soon but what I've found out there is a GAP between my visa. I was in university on that time and I've mentioned the dates below from my first Tier 4 Visa to Extension Tier 4.

Visa Granted Tier 4: 14-01-2007 to 01-04-2010
Extension Tier 4: 12-05-2010 to 10-10-2012

Gap is almost 42 days (April to May) but It is not my fault, I submitted my documents on time and home office took time to issue my visa. I am worried about this Gap and I don't have any kind of letter right now to explain that my passport was in home office for extension

Do you think this is going to be a problem ?

Your help will be highly appreciated, Many thanks

[physicskate]

Let me get this right, if you APPLIED for your extension before 1/4/2010 then you never overstayed. At the time you applied to extend your status was extended under Section 3c and your visa conditions were treated as continuing.

The UKVI will have all the details and will know when you submitted your application and when the subsequent visa was granted. You can request a Subject Access Request (SAR) with the UKVI to see all of the info they hold on you to put your mind at rest.

[engi333]

Thanks a lot for your reply.

How long does it take to receive "Subject Access Request (SAR) with the UKVI" ?

Because I am planning to apply Premium service in next couple of weeks.

[physicskate]

Thanks a lot for your reply.

How long does it take to receive "Subject Access Request (SAR) with the UKVI" ?

Because I am planning to apply Premium service in next couple of weeks.

Once you make the request, they are meant to respond within 40 days, I think. A SAR uses the freedom of information act, which gives the requested organisation 40 days to reply. Often the info they send back is incomplete.

Honestly, as long as the application was made before the expiry, you have NOTHING to be worried about (with that application).

[engi333]

I always have applied before the visa has expired, rest of my visa's are fine, I was just worried about this.

But your point makes sense, It was continuous time and my visa was never rejected to leave the country etc. Thanks a lot for your help