Gap between visa,Is it my fault or Home Office? Please help!

[Saha13]

I came to UK in 2005 on Student Visa. I will complete my 10 years on 7/10/15. Planning to apply ILR. In 2011 I applied for my Tier 4 visa extension on 25/6. My visa expired on 28/6. On August 4th,I received letter from Home Office stating my visa and my wife's vis is being rejected: dependent's photo was too big. They gave me 28 days time to apply but I could not as I had to arrange £10000 and maintain it for 28 days again. I again applied on 15/10 and my visa was granted on 24/11. I also ordered a SAR from HO where it states' 'Valid out of time',no days specified or no 'Overstayer' word used. My question is, if there was a fault with dependent's application can they reject the main applicant as well? This problem occurred before in 2009 when my wife's photo was small. But they only sent her application back and told her to resubmit her application with correct photo. I am very concerned about my ILR,any advice or suggestion will be more than welcome. Please guide me. Thank you.

[tiredoftiers]

It was a second occasion when your dependent did not meet photo requirement but first time only your dependent application came back while second time all applicants’ applications came back because of same issue and as you said they rejected (I dnt know if you meant refused) and gave you 28 days to re-apply, By the time you re-applied 28 days had gone passed potentially a break in long residence is your concern.

Did they do it following rules and policy in place and they did reject your application (because of dependent photos seems harsh to me) instead of requesting a replacement, if they acted being within published policies and rules you have a beak but if they over-reacted and refused your applicant instead of taking a designated action you still have a chance to prove that you dnt have a break, what is being called a beak is not something you cased it is theirs
Non-compliant with photo guidance and rules in place regarding that at that time is the area you need to look into

[Saha13]

Thanks for replying. Yes they rejected both of the application second time. The main applicant shudnt be effected by the dependent's application,I assume. In the SAR they didn't mention any days as well,just 'valid out of time'. Regarding the photo guidance,I tried looking for it but can't find anything. Will continue looking for it. Can we call it an administrative error? Thanks

[tiredoftiers]

why would you call it an error when you dnt know if it was one

anyway try this link and go back to the date relevant to your case

http://webarchive.nationalarchives.gov. ... ice.gov.uk

[vinny]

You should have just resent the application with the correct photograph, within 28 days. The application date would have remained your original application date.

However, the invalidity of dependant's application shouldn't have invalidated your application (page 22).

[Saha13]

Thank you Vinny for ur reply. We didn't have the maintainance fund,an immigration lawyer suggested to maintain £10000 again and reapply. Can I ask you few questions please:

1. Can you clarify what's page 22 thing? Is there any link I can follow.
2. In SAR,there's no days specified,it should be 70 days but it's only written 'valid out of time'. Is this a good sign.
3.I saw the new 2015 Immigration rules,where if there's any problem with photo,they should contact applicant and give them 10 days time. Was there any similar kind of rule in 2009 as well?
Thank you very much.

[vinny]

If you had sufficient maintenance funds when you initially applied, then I believe (Specified application forms and procedures, page 34) it should have been okay just to send an acceptable photo back with original applications, as requested. They would have treated it as a variation of the original application. But it's a moot point now.

Was your problem in 2009 or 2011?

Please click on the given links, underlined in blue, for any further information.

[Saha13]

The gap was in 2011. I checked the link,thank you. If I go by their policies,they have wrongfully sent my application back as my application was complete.
UKBA changed their rules again on 6/4/11. So my application still comes under the Dec 2010 rules and procedures or April 2011? I'm sorry I'm asking so many question but I'm very worried any my ILR.
And thank you very very much for your help.

[vinny]

Check out their guidances for the different dates.