@Bigboy Thanks for sharing your experience and this valuable information on the forum.
This will definitely help lots of people on the forum. As I mentioned earlier I had pretty similar situation back in 2009 while applying for student extension. Visa was expiring 30-12-09. Submitted in time application. In Feb 2010 just found out the my college is no more on the list. H.O returned my application and documents on 09-03-10 as invalid not because of the college got de listed due to the payment issue as the cheque I did submitted with the application wasn't signed. Re Submitted my application again with new college got visa in June 2010.
I have already sent my ILR- LR without knowing the fact that this issue could cause a problems as you mentioned you have checked with several experts. I have already requested my S.A.R. Luckily i do have all the bank statement for that period when my application was returned as invalid and i have sufficient funds in the account. I do not in case if my ILR get rejected not sure if i will be able to use those statement back my case.
Just praying these days let see what will be outcome. I should have prepared my case like yours in advance.
Anyways Thank you once again for sharing this information with us.
Congratulations to all who recently got approvals.
Bigboy86
hi guys as promised i am here to answer any question about the gap
@Smir
your first question
in 2009 first in june they sent my whole application back saying that my payment hasn't gone through and if i want to apply then apply again using correct payment method. they didn't give me any time scale within which i have to apply back.
secondly
i didn't appeal for my case in 2009. what actually happened was that i applied 2 days before my visa was expiring on 28th june. i got all my application back saying that the fee was not deducted on 17th july. WHAT MY MISTAKE WAS THAT I REAPPLIED WITH NEW BANK STATEMENT WHICH DIDNT HAVE ENOUGH MONEY INIT after 2 days of receiving the application back. on 15th august they refused it saying that i didn't score 10 points for maintenance. they sent my passport to local removal services and they told me to leave the country asap, i didn't have right of appeal. then i went to a solicitor and he suggested that i should apply with new application and not to go to appeal because it will cost more and take more time too. so i reapplied through solicitor on 21st august with correct statement and correct fee and got the visa.
i have visited so many solicitor before my ilr application to find out if it was a gap. i even went to a first tier tribunal judge who charges £250/10 mins to find out. and everyone told me that it is a GAP.
so then i started to get every thing together.
my solicitor was Bukhari chambers and my personal solicitor was MRs Bailey. they are really very good and very cost effective.
if you have anymore questions about anything i can help with then please contact me on
danish9886@icloud.com. i will be more then happy to answer every questions. including if you want to know how much the solicitor cost and what exactly u should do before or after you sent the application.
ONE THING I FORGOT TO ADD IS THAT I ALSO WENT TO SEE MY MP AND TOLD HIM TO WRITE A LETTER TO HOMEOFFICE ASKING THEM TO USE SOME DISCRETION. HE RECEIVED REPLY BACK FROM HOME OFFICE SAYING THAT THEY WILL DO EVERY THING THEY CAN.
REGARDS
smir wrote:Thanks
Can you please throw light thAt did they returned documents and application
Or did they sent you letter that application is invalid and apply again ?
Please throw some light
Also was you case with tribunal or any appeal pending ?
Thanks
Also if able to provide with details of consultant so that we too can get important info please
Jernifrmstudent2ilr wrote:Many Congratulation brother Very happy for you.
I have almost a same case have gap due to invalid application - Payment issue the only difference is I wasn't aware of this that the invalid application counts as a gap in your legal residence until I joined this forum.
So let see what will be the outcome of my application.
Bigboy86 wrote:AlHumdullilah
by the grace of allah the only merciful
i have received phone call from my solicitor confirming that my ILR has arrived.
I WOULD LIKE TO PERSONALLY THANK EVERYONE IN THIS FORUM FOR ALL THE HELP THEY HAVE PROVIDED.
MY CASE WAS NOT STRAIGHT FORWARD, I HAD A GAP OF 91 DAYS IN TOTAL DUE TO PAYMENT NOT BEEN TAKEN FROM HOME OFFICE IN 2009 FOR MY TIER 4 APPLICATION. I REALISED IT SOON ENOUGH BEFORE APPLYING FOR MY ILR AND PREPARED MYSELF FOR IT.
I WILL TELL YOU EXACTLY WHAT I DID TO PREVENT THE HOME OFFICE FROM REFUSING YOUR APPLICATION.
1. First of all i received my SAR report which told me exactly where my GAP was.
2. then i called my bank and asked them for my bank statement from that time when my visa was refused due to home office not been able to take the payment.
3. i highlighted the relevant time when home office should have taken the payment but they didn't to show that i had enough money in my account and it wasn't my fault.
4. then i went to a first tier tribunal judge who sits in London and gives consultant. he cost a lot but he gave me confidence that i have a possibility of winning it. (you don't have to do it)
5. then i went to my solicitor and gave all the papers to them.
6. they made the case and gave a reference of BASNET VS SSHD which is very good precedent for all the cases who have gap due to payment issues in past.
i received my documents today and the date on the letter was 7th feb.
please update the spreadsheet.
i will be checking my this account every week for any questions anyone have.
regards.
[/quote]
