A gap in my visa

[bitterweb]

I applied visa extension in country one month before the expiry of my student visa in september 2005. It took HO a few weeks to ask me for proof of financial support which I then provided. In the end I got the extension but the issue date is January 2006 which means there is a gap of 2 months between my visas.

I later went on working on work permit, hsmp and tier1. My question is, will this gap in anyway affect my ILR application?

I just realized this gap and now am very worried. Your help is much appreciated!

[geriatrix]

You may be assuming that there is a gap because the visa issue date is approx. 2 months from the date of expiry of earlier visa.

A SAR may help.


regards

[bitterweb]

Thanks for the reply.
I will file for SAR soon. Yes I'm assuming that's a gap. So what is regarded as a gap by HO? How and why would the SAR help in my case?

[John]

There is no gap! The reason is Section 3C which says that if a visa application is made prior to the expiry of the old visa, and the new visa has not been issued before the stated expiry date of the old visa, then the old visa is "treated as continuing" until the new visa is actually issued.

[bitterweb]

There is no gap! The reason is Section 3C which says that if a visa application is made prior to the expiry of the old visa, and the new visa has not been issued before the stated expiry date of the old visa, then the old visa is "treated as continuing" until the new visa is actually issued.

Thanks for the info that's reassuring!

[10yrilr]

There is no gap! The reason is Section 3C which says that if a visa application is made prior to the expiry of the old visa, and the new visa has not been issued before the stated expiry date of the old visa, then the old visa is "treated as continuing" until the new visa is actually issued.

Hi John,

lets consider an hypothetical situation here..

What would be the case if the the Visa applications refused? what would be the status of the applicant in that case?

now the old visa has expired and new one has been refused so he has to leave the country right? so there could arise a gap as there is no valid visa.. untill he gets new one from home country. Am I right?

Please reply..

Thanks.

Regards.

[John]

Am I right?

Thankfully I can say, no you are not right!

The so-called Section 3C protection, where the application for the new visa is refused, extends to the end of the time that the person has for appealing against that refusal, and if indeed an appeal is submitted in time, it is extended further until the appeal is heard, and again if the appeal is lost, then until the time for appealing against that has expired, etc..

Hope that helps.

The important thing to appreciate about Section 3C, so I emphasise it, is that there is no Section 3C protection at all unless than application for the new visa is made before the stated expiry date printed on the old visa.