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ILR Application–Gap between Tier 1 expiry and extension date

Posted: Mon May 13, 2013 1:41 pm
by Harrpot2002
Good afternoon All,


Details of my case

Date of receiving Tier 1 -15 April 2009
Date of 1st Entry in Uk -18 May 2009
Date of expiry -15 April 2012
Applied for Tier 1 extension -7 Feb 2012

Extension as initially refused with a right to appeal on 10 May 2012 since border agency was unable to validate gross pay based on my pay slips (umbrella company employee) .I appealed against the decision and the verdict was in my favour I was granted tier 1 extension on 19 September 2012 (start date) – 19 September 2014 and also was awarded back the appeal fees since it turned out to be an error of the caseworker.


Will the gap between expiry of tier 1 and receiving tier 1 extension (15 April 2012 -19 September 2012 ) be considered as a GAP? -I was in the country legally bearing in mind my visa application initially and then my appeal was pending with border agency ??

Also would appreciate inputs in ho this gap would be treated when I apply for my ILR next year.

Posted: Mon May 13, 2013 11:22 pm
by FMB22
Gap is covered by sec 3C immigration act.

Posted: Tue May 14, 2013 10:15 am
by Harrpot2002
thanks FMB22

Posted: Tue May 14, 2013 5:38 pm
by onabanjo
From your post ,It does not seem that you have gap.You did applied before the expiry date of your Visa , September grant of your visa through appeal not withstanding.

Posted: Wed May 15, 2013 3:18 pm
by Harrpot2002
yes i did apply 6-8 weeks before my visa expired however i was getting worried since i have nothing stamped on my passport beyween april 2012-sept 2012 while my application was in process.
thanks for your response.