Immigrationboards.com

dear all members or moderators ,

How I was waiting to apply for ILR base on 10years residency in April 2012. I have entered in UK 2003 as a student and now I am on post graduate visa until April 2012 .one thing I am really worried about the incident happen in 2009 when I was applying for extension of my student visa. I have sent my application 20 July 2009 and I have received acknowledgment on 24 July. Unfortunately I have received another letter and passport back with a letter issuing 12 august stated my application is invalid due to payment failure as I forgot to put the cheqe along with application from my case worker. So I had to reapply with cover letter and sent back my application on 22 august (although they dint mentioned any time period or 28 days) for consideration which was approved and I had my visa extended on 16 October. Now my queries is will I be still allow for long residency in 2012 or my application would be rejected for my mistake in 2009 which created technical gap for 10 days.
please all members or moderator help me with your knowledegeable suggestions .

prova wrote:dear all members or moderators ,

How I was waiting to apply for ILR base on 10years residency in April 2012. I have entered in UK 2003 as a student and now I am on post graduate visa until April 2012 .one thing I am really worried about the incident happen in 2009 when I was applying for extension of my student visa. I have sent my application 20 July 2009 and I have received acknowledgment on 24 July. Unfortunately I have received another letter and passport back with a letter issuing 12 august stated my application is invalid due to payment failure as I forgot to put the cheqe along with application from my case worker. So I had to reapply with cover letter and sent back my application on 22 august (although they dint mentioned any time period or 28 days) for consideration which was approved and I had my visa extended on 16 October. Now my queries is will I be still allow for long residency in 2012 or my application would be rejected for my mistake in 2009 which created technical gap for 10 days.
please all members or moderator help me with your knowledegeable suggestions .

Hi prova!


You mention that you first enter the UK in 2003, and your visa ends in April 2012, to my calculation that makes it roughly 9 years depend on the month you came here, if you haven't made a mistake with your post, you need to apply for further leave, before you apply for ILR, I hope I was of help to you.

Good luck
Loveislovely

hi ,

soorry my visa is valid for 2013 .If you help me to sought out the problem what happened in 2009 . i am scared they could refuse me for this reason .I want to make plan from now even i have to move from UK.

thanks

On which date was your visa set to expire in 2009? Did you stay in the UK illegally between 12 Aug and 22 Aug? If your visa had expired before 22 Aug 2009, was there anything written in the rejection letter from the caseworker giving you a delay to reapply or a delay to leave UK?

my visa was expired on 30 june 2009 .my first application was sent 24 june .case worker sent me back my application saying it invalid on 12 august 2009 as i have forgotten to put my postal order .(they dint mentioned any time limit to reapply for visa ) . i have resend my application with the reference number they have given to me to my case worker directly which address been given on my application pack (with in 28 days ). then after long time they have issued my new visa on 16 october . so it was delay to issue visa rather than i was staying illegally as i have reapplied for my visa on 24 august including all papers .

http://www.legislation.gov.uk/uksi/2007 ... on/16/made

Unfortunately it says:

Consequences of failing to pay the fee specified for an application
16.—(1) Subject to paragraph (2), where an application to which regulation 3, 4, 11, 12, 13, 14, 15 or 16 refers is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee.

Did the case working return all your paperwork and passport to you when he rejected it?
If not, then your second application could be regarded as a continuation of the first one and this means you did not break residence between 12 and 22 August. Can anyone else here concur?

Get an SAR and see what their records show
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

thanks for information , yes they have sent back my passport too but they provided different address rather than normal one to reapply it . The address was to my caseworker directly .

Guys, this may be your saviour.
http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

A real man is not esteemed by numbers - 6 pack, 10 inches, 10 million, 7 feet - but by honesty.

Feb4 wrote:Guys, this may be your saviour.
http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

I doubt it given that the appellant in that case did attach his fee (in the form of bank card details) with his form - in the OP's case he did not attach his payment.

hi ,

thanks for information .i am still cluless as i dint appeal for 2nd time . i thought it was just a continuos process .second time my caseworker gave my visa .