Long Residence ILR Questions

[fsk7]

Good Afternoon,
i am in an urgent need of help please . just received letter that my Wife's ILR Lond residence was not approved due to the gap in between visa.
visa expiry date 14/10/2010 ,applied 11/10/2010
rejected on 29/10/2010 (because it was on old version of forms.)
re applied on 03/11/2010 within 28 days of rejection.
rejected again on 10/01/2011(it wasn't rejected we received an email from case worker that you need to submit new picture as old picture was old, didn't receive any rejection letter ) send the new photo straigh away .
again it says u re apply on 09/02/2011 and then granted visa on 28/02/2011, there's a gap of 4 months , therefore rejected.

2) my wife's current visa 2.5 year spouse visa still valid till october 2020 but they offering to give 30months limited leave to remail and asking to pay 1000£ NHS surcharge withit which no appeal can be done.

please help.

[zimba]

The decision to refuse is correct, rejected invalid applications (unlike refused ones) do NOT engage section 3C making her an overstayer between 14/10/2010 (visa expiry) and 28/02/2011. This breaks her lawful continuous stay.
As her visa is valid under the 5 year family route, simply ignore the offer by UKVI and accept the refusal. The offer will put her under the 10 year family route which is a bad option. She will be eligible for ILR under SET(M) after 5 years under family route anyway (after 2 x 2.5 year vias)

[fsk7]

Many thanks for your reply . We are not sure about second rejection coz no refund or new payment was made fir that new application. It is possible that we get record request and then challenge it afterwards ? Any chance of refund if successful?

Kind Regards,

[zimba]

That is an important detail. Did she apply again on 09/02/2011 ? If yes then she doesn't have a case.
If the second application was never rejected and it was eventually granted then she has a case but I suspect the second application was also rejected and she applied again on 09/02/2011

[fsk7]

Thanks a lot , I think I accept the refusal and apply for subject access and on the basis of that will decide , but losing 3400 is not easy .

[fsk7]

Update : I send them a signed for letter which They received 4 days ago but I Haven’t got any response from them . In their letter they asked me to pay NHS surcharge of 1000 within 10 days or they will cancel the visa with no right of appeal . Is there anything else that I can do or just wait for their reply or pay nhs surcharge, I am worried that they will ignore my letter and cancel the visa after due date this Monday ..... any help will be much appreciated .

[zimba]

The application will be refused however her existing visa will be untouched

[marcnath]

Update : I send them a signed for letter which They received 4 days ago but I Haven’t got any response from them . In their letter they asked me to pay NHS surcharge of 1000 within 10 days or they will cancel the visa with no right of appeal . Is there anything else that I can do or just wait for their reply or pay nhs surcharge, I am worried that they will ignore my letter and cancel the visa after due date this Monday ..... any help will be much appreciated .

Did the letter say that they will cancel the visa or the visa application? I can't see why they would cancel an existing visa for which you presumably paid the IHS at the time it was granted.

[fsk7]

Thanks again for your reply; I have got their letter now and they have withdrawn their offer of new visa and reinstated the old one . My only question left now is 28 days grace period rule came in Oct 2012 , wat about the application that were delayed more than 28 days before that ?? I have a letter from 2010 which doesn’t say that I have to apply within 28 days of application being returned as invalid??? Any ideas would be very helpful. Many thanks

[zimba]

Thanks again for your reply; I have got their letter now and they have withdrawn their offer of new visa and reinstated the old one . My only question left now is 28 days grace period rule came in Oct 2012 , wat about the application that were delayed more than 28 days before that ?? I have a letter from 2010 which doesn’t say that I have to apply within 28 days of application being returned as invalid??? Any ideas would be very helpful. Many thanks

First of all they did not reinstated the old one. The existing visa remains valid regardless of the refusal.
The 28 days period applied from the date you became an overstayer which in case of an invalid application is the last visa expiry. An Invalid application is treated as if NO APPLICATION was made to begin with. 28 days from the invalid application is therefore meaningless