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10 Years ILR - 5 weeks gap between Tier 4 visa and PSW visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tenyearsinuk
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10 Years ILR - 5 weeks gap between Tier 4 visa and PSW visa

Post by tenyearsinuk » Wed Jan 15, 2020 2:10 pm

Hiya,

I would be grateful if any one could advise me on my ILR case.

Here is my profile:

Entered the UK 23 Sep 2010 on the tier 4 student visa, student visa expired on 26 Jan 2012.
I applied and was granted my Tier 1 Post Study Work Permit valid from 3 March 2012 (I applied within the UK).

As it was almost 10 years ago, I cannot clearly remember if I submitted my application for the PSW before my Tier 4 expires, but I assume UKBA approved my application and granted the PSW visa because I submitted the application on time with the valid Tier 4 visa. I guess they would've rejected my application if I submitted it after the Tier 4 visa expired.
As a result, there is about 5 weeks gap between my Tier 4 visa expiration date and my PSW visa start date.

So, my questions are:

1) Is there any possible way to find out when my application for PSW visa was submitted? I cannot find any emails or posts that indicate the correct date of submission as it was almost 10 years ago. How do I prove that my application was submitted before my Tier 4 visa expired when applying for 10 Years ILR?

2) Assuming that I have sent off my application for PSW visa before the Tier 4 visa expired, would that
5 week period (Tier 4 expiration date and PSW start date) have been considered as a lawful stay (treated as continuing), meaning they automatically extended the leave of a person who has made an application for further leave to remain during a period of extant leave?

I know I should've been more careful that there was no single gap between visas, but now I am really worried if that was a horrible mistake done by myself that possibly broke the continuous legal 10 year stay requirement.

Any comments will be appreciated! Thank you!

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zimba
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Re: 10 Years ILR - 5 weeks gap between Tier 4 visa and PSW visa

Post by zimba » Wed Jan 15, 2020 2:49 pm

I guess they would've rejected my application if I submitted it after the Tier 4 visa expired.
Incorrect. A valid application can be made after visa expiry too.
1) Is there any possible way to find out when my application for PSW visa was submitted? I cannot find any emails or posts that indicate the correct date of submission as it was almost 10 years ago. How do I prove that my application was submitted before my Tier 4 visa expired when applying for 10 Years ILR?
You do not need to prove anything. UKVI has your history.
You need to ensure that you applied in-time. I suggest to apply for an SAR
https://www.gov.uk/government/publicati ... mmigration

2) Assuming that I have sent off my application for PSW visa before the Tier 4 visa expired, would that
5 week period (Tier 4 expiration date and PSW start date) have been considered as a lawful stay (treated as continuing), meaning they automatically extended the leave of a person who has made an application for further leave to remain during a period of extant leave?
Yes. Section 3C extends your lawful residence if you apply in-time
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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seagul
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Re: 10 Years ILR - 5 weeks gap between Tier 4 visa and PSW visa

Post by seagul » Wed Jan 15, 2020 6:29 pm

tenyearsinuk wrote:
Wed Jan 15, 2020 2:10 pm


As it was almost 10 years ago, I cannot clearly remember if I submitted my application for the PSW before my Tier 4 expires,
Another way can be to check your old bank statement of that year because in the time of postal applications the UKBA used to have impressively fast way of deducting the fee.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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