Regarding Gap Problem

[westwood]

Dear All,

My situation is as below:

My previous student visa had the expire date of 21st of Jan, I applied for extension for a course on 17th of Jan and received the refusal letter on 18th of Feb, I did not appeal because I got my PhD offer and reapplied in the UK on 28th of Feb and my visa was granted on 19th of March.

Now I'm really confused that am I having a 10 days gap (from when I received my refusal letter to the date I reapplied) or more than 28 days gap (from my previous visa expire date, which means that I'm no longer eligible for ILR)? Was I not protected by 3c before I received the refusal letter?

Thank you all in advance.

[riz1986]

Firstly gap would apply from the date of refusal not the visa expiry date.
Secondly,u can overstay up to 28days since it is less than so it is disregarded hence no break in residence.

[westwood]

Firstly gap would apply from the date of refusal not the visa expiry date.
Secondly,u can overstay up to 28days since it is less than so it is disregarded hence no break in residence.

Thank you riz, then may I ask is my gap calculated from the refusal date to the date new visa was granted (18/02 to 19/03, which would make my gap to 28 days exactly), or from the refusal to the date that I made the application (18/02 to 28/02)? Thanks again.

[riz1986]

Since u made ur new application within 28 days so there is no gap.Now u hv a valid leave to remain so it wuld be regarded as its not happened. I hope this will clarify.

[westwood]

Since u made ur new application within 28 days so there is no gap.Now u hv a valid leave to remain so it wuld be regarded as its not happened. I hope this will clarify.

That's pretty clear,thank you very much