Immigrationboards.com

Hi Everyone,

I'm suppose to apply for ILR on 10 years Long residence basis in couple of weeks time using the premium service. I always filed my extensions on time and never had any problems getting the visa etc except once when my postal application was sent back saying the same old excuse of "can't process the application fee from the card details provided" I checked the card details at that time which were correct obviously and re posted it and home office sent it back again using the same excuse.

So I filed third and final application using Banker's draft and I was issued a visa.

My stay expired on 8th of November 2010 and I filed initial application on 4th of November 2010. Due to this back and forth with home office I filed my final application on 8th of December 2010 on basis of which I was granted visa on 27th of January 2011.

So, can any of you please tell me whether this will be regarded as over stay and what documents do I need to enclose my application for it to be successful?

Also does the period of overstay starts from end of leave or from the day when I've been notified that my application was invalid (which I believe was around 17th of November 2010)

(also would like to mention that because I used a Solicitor at that time I didn't get all the correspondence from home office except the final approval of visa letter, my solicitor still might have the record of those but not sure)

thanks a lot in advance for your time!

(I believe this has questioned has been asked before by few people but my query wasn't resolved from the answers or I didn't see the relevant answers)

Kind regards,
Kiran

From 8th November to the 8th December is more than 28 days, you may need to provide compelling explanation for that over 28 days break in lawful residence.

Your application is not one that I would have recommend a premium service for.

Hi Obie,

Thanks for your message.

what explanation you think I can provide for my case?

Also why do you think it's not a good idea to go in premium service?

Kind regards,
Kiran

I think it is not a good idea, as it does not appear to be a straightforward application, as your lawful residence was broken for a period in excess of 28 days before the subsequent application was lodged.

get ur SAR report .........it will show clearly whn the application was raised n rejected n den granted.this will give u a clear picture regarding ur overstay.

Thanks for your messaged guys!!

How long does this it take to receive your SAR report? because I believe it takes more than couple of weeks and I don't have that much time.

I chose premium service so that I can clarify/provide additional documents if needed on the spot rather than it going forth and back in post for months.

What could be the solution for this more than 28 days overstay?

Thanks a lot for your time!!


Kind regards,
Kiran

kiranmann85 wrote:Thanks for your messaged guys!!

How long does this it take to receive your SAR report? because I believe it takes more than couple of weeks and I don't have that much time.

I chose premium service so that I can clarify/provide additional documents if needed on the spot rather than it going forth and back in post for months.

What could be the solution for this more than 28 days overstay?

Thanks a lot for your time!!


Kind regards,
Kiran

Applying by post is the best in your case as advised by OBIE above.
SAR takes 40-50 days. If your visa is not expiring before this then get the SAR. Also write a cover letter and explain the reason of overstaying.

See also Invalid application due to payment problems?

Guys neeeds Help .. Planning to Apply for Premium Service.


I want to apply for ILR that was already due in september 2015 on (10 years Long Residense Basis). The only issue i have is possibly the Gap (exceeding 28 days), that is due to the administrative Error (Card Payment didnt Go through)in processing my application. I applied for PSW visa back in October 2008. My application was made in Time (proof Avaliable), but for some unfortunate reason the payment didn't go through and the application was returned back on 3rd of november 2009(my visa was valid upto oct 2008), Since then i have made four successive applications with the visa granted in the last application.Please view the number of applications i have made as listed below.



Ist application made on 29th of october 2008 (Got Reply Back on Nov 3, 2008 application termed as invalid because of payment issues.)



2nd Application Made on 7th of November 2008(visa refused because of lack of maintenance of funds on 23rd of December 2008,because law changed regarding maintenance of funds in november08 .)



3rd Application Made on 3rd of January 2009. (Application rejected because of wrong application Form on 29th of January 2009.)



4th Application Made on 17 th of February 2009 .(Visa Refused on 1st of April 09).



5th Application made on 10 th of July Visa Granted in August 2009.



I want to contest the fact that the first application made was valid since failing to process the payment was not my fault .



I did write them a cover letter on 6th of November 2008 , based on the assumption that the mistake could be from my side because I thought the home office systems are robust ,but I reckon the mistake could be from their side ,for failing to process the payment.



Currently i am on Tier 1 General .



Please let me know how would you rate my prospects if i apply on the basis of 10 years long residence



Your Prompt response in this regard would be highly appreciated.

Hi everyone, I'm in same boat with gap of 4 months (application was sent back 3 times in 2010 for different reasons) applied for ilr LR but refused due to the gap. Now waiting for the hearing date. Anybody who won the case of gap case or know anyone else who was successful in the court? What are the chances? Please help very worried,

Hi everyone, here is an update in my case. My appeal was allowed a week before. I was very happy but I received a letter that home office asked for permission to appeal in upper tribunal. My questions are. 1. How long it will take? 2. What are my chances as appeal was allowed on the base of home office rules? Thanks in advance.

janazaif wrote:Hi everyone, here is an update in my case. My appeal was allowed a week before. I was very happy but I received a letter that home office asked for permission to appeal in upper tribunal. My questions are. 1. How long it will take? 2. What are my chances as appeal was allowed on the base of home office rules? Thanks in advance.

...hi i m not sure but from what u have told if u have the reasons n proof that u made an application in correct time u shud b ok .....n also if they refuse ur application citing ny reason ....b it fees or wrong form ....they give some time in which u need to apply back ....so i dont think that is the only reason for a refusal .....do they give ny reason as to y they want to do appeal to UT...if it is the same as refusal u will win it there aswell

@muju313. Thanks for your reply.I received only letter in which it is mentioned that home office has applied for permission to apply an appeal in upper tribunal and result will be informed in writing. Appeal in first tribunal was allowed according to rules, all applications were within time and less than 28 days. You can read my case details in my previous posts.

@JANAZAIF
please could you update about your appeal.

thanks

Hi, I received a letter in which they mentioned that upper tribunal didn't give permission. It was good news and we were waiting for visa and passport but again home office sent interview call and asked to do biometrics before that interview. We are very confused that if we won the appeal why they are considering my application as new application. Is it some kind of trap? What they are planning to do? Please help I have no time coz they gave me only 1 week. Thanks

janazaif wrote:Hi, I received a letter in which they mentioned that upper tribunal didn't give permission. It was good news and we were waiting for visa and passport but again home office sent interview call and asked to do biometrics before that interview. We are very confused that if we won the appeal why they are considering my application as new application. Is it some kind of trap? What they are planning to do? Please help I have no time coz they gave me only 1 week. Thanks

Any update?!

Ameer_zyzom wrote:

janazaif wrote:Hi, I received a letter in which they mentioned that upper tribunal didn't give permission. It was good news and we were waiting for visa and passport but again home office sent interview call and asked to do biometrics before that interview. We are very confused that if we won the appeal why they are considering my application as new application. Is it some kind of trap? What they are planning to do? Please help I have no time coz they gave me only 1 week. Thanks

Any update?!

I am really sorry to hear about yout refusal

Can you please shed some light on the date of your refusal and hope i am right in assuming that you got appeal rights within the country ?
Good luck

Thanks