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Hi All ,

I came to UK in Jan 2001 and I have applied for Indefinite leave to remain(ILR) on October 2011 under 10 years long residency rule but unfortunatley it was refused by HO last week and i have no right to appeal because my PSW is still valid until June 2012.

The ojection is that i have gap in my residency from (1st jan 2006 till 5th july 2006) Actually one of my extension was on 31st December 2005 at that time i sent my passport by first class stamp which was lost and home office didnt recieve it but when i noticed that i havent recieved any acknowledgment from home office i contacted HO by phone and they said we havent recieved any application from you and asked me to do the police report and check with the post office.

I did police report which i have and also went to the post office but post office said they cannot locate the post which was sent by 1st class stamp but they gave me the apology letter which I also have.

And another issue is that the same extension i have applied through the soliciter because of this all issue of lost of passport and (I was Granted a limited leave to remain on 6th july 2006) but he (Soliciter) wrote a letter to home office that the passport was lost on the street without my knowledge I have seen this in my (SAR) file.

so please see all my case and give me a advice what can i Do now because i am already refused by HO and Home office is still considering the gap from (1st Jan 2006 - 5th July 2006) And i dont know what can be done here.If you need any other information if it is not clear so please let me know. (Thanks in Advance)

Kind Regards

Then i believe you should JR the decision. A pre action protocol should be sent and if they continue to consider the period in question as break, then JR proceedings should commence. I believe they will see sense and act fairly before it get that far. It was clearly no fault of your own and if you have proof you application was posted in time before the expiry of your visa, then you should be fine.

Thanks so much for your reply.
i was wondering would it be better to apply for reconsideration now or wait and ressubmit the application just before my visa runout? Atleast ill get a right of appeal?
Or preparing for JR action would be the best course of action right now ?
Moreover would providing my police report and royal mail letter abt the lost passport have any negative effects on my appeal as my lawyer at the time(2006) explained to HO that my passport was lost on the street ???
Is there any good chance that i can fight and win this case?
Kind regards
riz