10 YEAR LAWFULLY GAP
Posted: Fri Mar 14, 2014 7:33 am
Dear All,
I came to UK on 11 JAN 2004. I am applying for ILR under 10 year rule before the end of January 2014 (my current leave runs out on 16 March 2016 HSMP tier 1 GENERAL).
I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.
During 2008, my visa was expiring on 31st March 2008 (student Visa and applied for extension). Home office received my application on 26 March 2008.
I forgot to fill the section on forms from 7.2 to7.6 which were mandatory. As a result in the SAR documents I received I can see on 14 April 2008 my case was rejected and it has notes/minutes saying .. Application not completed section 7.2 to7.6 are mandatory, there fore application rejected and returned all documents including passport and other supporting documents. Dated 14 April
I received the returned documents along with a letter next day by filling the section from 7.2 to 7.6 according to SAR home office received my documents again on 16 April 2008.
In the SAR file I can see a decision made on 10th May 2008 and they granted me visa until 31st October 2009
What concerns me and why I have told you this whole story is the following:
1- In the SAR in case record sheet for the date 10th May 2008 when the leave to remain was granted, there is a note saying "previous application rejected"
Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2008?
Can this argument be used to say that, actually the ILR clock has not been broken?
I have seven time visa extension and all time applications were made on time except this rejection mentioned above though it was submitted on time too.
Thanking you in anticipation.
I came to UK on 11 JAN 2004. I am applying for ILR under 10 year rule before the end of January 2014 (my current leave runs out on 16 March 2016 HSMP tier 1 GENERAL).
I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.
During 2008, my visa was expiring on 31st March 2008 (student Visa and applied for extension). Home office received my application on 26 March 2008.
I forgot to fill the section on forms from 7.2 to7.6 which were mandatory. As a result in the SAR documents I received I can see on 14 April 2008 my case was rejected and it has notes/minutes saying .. Application not completed section 7.2 to7.6 are mandatory, there fore application rejected and returned all documents including passport and other supporting documents. Dated 14 April
I received the returned documents along with a letter next day by filling the section from 7.2 to 7.6 according to SAR home office received my documents again on 16 April 2008.
In the SAR file I can see a decision made on 10th May 2008 and they granted me visa until 31st October 2009
What concerns me and why I have told you this whole story is the following:
1- In the SAR in case record sheet for the date 10th May 2008 when the leave to remain was granted, there is a note saying "previous application rejected"
Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2008?
Can this argument be used to say that, actually the ILR clock has not been broken?
I have seven time visa extension and all time applications were made on time except this rejection mentioned above though it was submitted on time too.
Thanking you in anticipation.