10 YEAR LAWFULLY GAP

[yasirctl00001]

Dear All,

I came to UK on 11 JAN 2004. I am applying for ILR under 10 year rule before the end of January 2014 (my current leave runs out on 16 March 2016 HSMP tier 1 GENERAL).

I have received my SAR file today from Home Office. All the data seems to be in order, except for 1 thing.

During 2008, my visa was expiring on 31st March 2008 (student Visa and applied for extension). Home office received my application on 26 March 2008.

I forgot to fill the section on forms from 7.2 to7.6 which were mandatory. As a result in the SAR documents I received I can see on 14 April 2008 my case was rejected and it has notes/minutes saying .. Application not completed section 7.2 to7.6 are mandatory, there fore application rejected and returned all documents including passport and other supporting documents. Dated 14 April

I received the returned documents along with a letter next day by filling the section from 7.2 to 7.6 according to SAR home office received my documents again on 16 April 2008.

In the SAR file I can see a decision made on 10th May 2008 and they granted me visa until 31st October 2009
What concerns me and why I have told you this whole story is the following:
1- In the SAR in case record sheet for the date 10th May 2008 when the leave to remain was granted, there is a note saying "previous application rejected"
Question: Given the circumstances above, is it safe to assume, a gap has occurred and the ILR clock has been reset in 2008?
Can this argument be used to say that, actually the ILR clock has not been broken?
I have seven time visa extension and all time applications were made on time except this rejection mentioned above though it was submitted on time too.

Thanking you in anticipation.

[sheraz7]

You should be fine because even your second application was out of time but still was within 28 days which will be disregarded. Even if they follow old long residence guideline which allow an out of time application (single gap) of 10 days then you will still be fine.

[yasirctl00001]

Thanks sheraz