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ILR on 10 Years Long Residence

Posted: Sun Jul 03, 2011 11:11 pm
by Shawn
Hi all,

I am in the process of applying for ILR on the basis of living in UK for 10 years lawfully. However just realised that on 4 occassions on previous granted visa stamps that there are fewer gaps although I did sent my applications on time on all occassions. For example if my visa expired on 31 March 2005 and if I have posted my renewal visa application 4 weeks prior to that date and still if I have received my visa from 20th April 2005 instead of 01 April 2005. Will that be a gap ? Cos I have posted the renewal forms well on time but however due to their heavy work load they have failed to deliver on time.

Can someone help me as I am really worried whether they will refuse my ILR application based on those gaps ! I can not find their acknowledge letters sent to me.

Thank you

Shawn

Posted: Mon Jul 04, 2011 12:38 am
by adamboston
Hi Shawn

I had the same issue, couple of my visas were showing gaps when I sent both applications before the expiry of my then leave to remain. Few months ago I learnt from this forum about the SAR (Subject Access Request) file and subsequently I made the request to UKBA. This file contains most of the information about your immigration history which UKBA holds e.g. all your application forms, docs you submitted along with them, KoL test pass confirmation (even your score which normally your pass certificate doesn't tell), case workers' notes, application raised dates, acknowledgment and visa grant letters etc. It usually takes up to 40 days to receive the file, although my file took almost 2 months.

In my case when I received the file I discovered that there were no gaps at all and all the visas and application dates were overlapping with each other. Such a relief it was as I was worried to death. I would suggest you to request your SAR file and you'll have all the info in front of you.

If you want to know how to make SAR then check the link below:

http://www.immigrationboards.com/viewtopic.php?t=35376

One more thing - as long as you have applied before the expiry of the visas you would be fine and it does not matter how long HO/UKBA took to issue you the visa as your leave was extended under section 3C and 3D.

Good luck with your SAR and ILR application. :)


Adam 8)

Posted: Mon Jul 04, 2011 11:43 am
by Shawn
Hi Adam,

Thank you very much for the advice. I was so upset that I did not kept all the ackowledge letters sent by the Home office. Anyway I will request 'SAR' today so even if they take 2 months I should have enough time left for my application.

Thanks again.

Shwan

Posted: Mon Jul 04, 2011 12:05 pm
by adamboston
Shawn wrote:Hi Adam,

Thank you very much for the advice. I was so upset that I did not kept all the ackowledge letters sent by the Home office. Anyway I will request 'SAR' today so even if they take 2 months I should have enough time left for my application.

Thanks again.

Shwan
You dont have to worry about acknowledgement letters, your SAR will contain computer print-outs of the dates you raised the applications. You may want to include, along with your ILR application, one of the 'summary' pages to show you have no gaps.

And of course, for a lovely bed time reading, UKBA INI Chapter 18 'Long Residence':

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/


All the very best mate.

Adam