New ILR Application - Gaps in Visa Due to extension issues

[active]

I entered UK in April 2007 and now I complete the required 5 years for ILR application. The only problem is I have Gap between my previous visa (HSMP) and current Tier 1 extension. I applied for extension in Start February 2010 when my visa was about to expire.

UKBA initially returned the application in March because they couldn't took the money from my bank because of the issues with Card Details I provided.

UKBA asked me to resend the application with correct card details.I submitted the application in march which UKBA rejected without any appeal rights.

I approached UKBA again and then asked me to make a fresh application which I did in September 2010 which finally got accepted. But the visa I got have start date aas December 2010 and end date december 2013.

That mean from February 2010 when my visa expired till December 2010 I didn't have any visa and I was in UK.

Now I am not sure whether I should apply for ILR or go for another extension.

Please help..

[FMB22]

insufficient information.
why your application was refused second time?

[active]

Thanks FMB22 for your quick response. Apologies for inefficient information.

Second time my Visa got rejected on technical ground because they couldn't corroborate my earning from Salary and dividends. I am independent IT Contractor and I works through my own limited company. I pay monthly salary and dividends.

[FMB22]

i think u had long gap thats y continuous lawful period will be counted from Dec 2010 but u should wait for seniors comments and can disscuss your matter with any expert immigration solicitor.

[active]

Thanks FMB22 for quick response.

[cs95tdg]

I entered UK in April 2007 and now I complete the required 5 years for ILR application. The only problem is I have Gap between my previous visa (HSMP) and current Tier 1 extension. I applied for extension in Start February 2010 when my visa was about to expire.

UKBA initially returned the application in March because they couldn't took the money from my bank because of the issues with Card Details I provided.

UKBA asked me to resend the application with correct card details.I submitted the application in march which UKBA rejected without any appeal rights.

I approached UKBA again and then asked me to make a fresh application which I did in September 2010 which finally got accepted. But the visa I got have start date aas December 2010 and end date december 2013.

That mean from February 2010 when my visa expired till December 2010 I didn't have any visa and I was in UK.

Now I am not sure whether I should apply for ILR or go for another extension.

If it were merely a single break due to your invalid application - I.e. UKBA unable to take payment then you would have had a chance, IMHO. See http://www.immigrationboards.com/viewtopic.php?t=99911

However, due to your subsequent refusal decision (I am assuming here that it was a refusal rather than a rejection, but please correct me if I'm wrong) you would have broken your continuous residence requirement for ILR. IMO, your ILR clock would now begin on December 2010.

[active]

Thanks Guru for your quick response.

When I did the application afterwards UKBA rejected it on technical ground.

When you say refusal not rejection, what exactly is the difference. It sounds same to me, right. Not sure, can you please explain a bit more.

Also when I applied after rejection with the same details they accepted the application outside the rules. Isn't that accepting the mistake done while rejecting the initial application from UKBA side.

[cs95tdg]

If your application was rejected, i.e. because it was invalid or not processed because of any particular reason then no application fee payment would have been taken. E.g. Application invalid because of payment details, invalid form, invalid photos etc...

If on the other hand you received a refusal decision (i.e. after the UKBA took your application fee & considered/processed your application), then the UKBA would have stated the reasons for refusal & cited corresponding immigration rules in the letter they sent you.

It may help if you post the exact wording in the letters you received from the UKBA.