10 Yrs Long Residence Concession: Is this a gap?

ismangil · Post by **ismangil** » Thu Dec 13, 2007 3:01 pm

A friend just had {his/her} application refused, because of a "gap":

A visa expired on 30 Nov, he/she applied through Uni advice office on 30 Nov, assured it would be counted as valid. But now HO claims it is received on 1 Dec, so that is a "gap".

That's not logical. If for example I send my app through Special Delivery on 30 Nov, of course it would arrive 1 Dec, but I am still valid in UK? Or is it "valid but not continuous for the purpose of LRC?"

VictoriaS · Post by **VictoriaS** » Thu Dec 13, 2007 3:54 pm

If you have evidence of the date it was sent you will be fine. Where there is no evidence, the HO will go by the date on their records, and they don't keep envelopes so they will have no record of when it was posted.

Victoria

ismangil · Post by **ismangil** » Thu Dec 13, 2007 3:59 pm

I thought as much.

The situation as it stands, the friend went to PEO, and now has been refused, the office taken all the docs and said there will be a formal refusal in a week or so.

So the friend would go back to find the posting/submission evidence. And wait for the refusal to come.

Presumably there is no appeal route so all the friend can do is re-apply?

VictoriaS · Post by **VictoriaS** » Thu Dec 13, 2007 4:03 pm

Yes, but it doesn't sound as though a reapplication would help either, unless he finds the documents he needs.

Victoria

ismangil · Post by **ismangil** » Thu Dec 13, 2007 4:15 pm

VictoriaS wrote:Yes, but it doesn't sound as though a reapplication would help either, unless he finds the documents he needs.

Victoria

Agreed, a re-application would only work if there is strong evidence that is submitted on time.

raniwza · Post by **raniwza** » Fri Dec 14, 2007 8:18 am

Hi Victoria

Does it mean that if the continuous can break for 10 years rule, it is considered broken for the 14 year rule too?

jes2jes · Post by **jes2jes** » Fri Dec 14, 2007 12:49 pm

VictoriaS wrote:Yes, but it doesn't sound as though a reapplication would help either, unless he finds the documents he needs.

Victoria

I thought the BIA keeps the envelopes or do they chuck them out after a certain period of time?
The way forward is SAB if refused or send a postal application later with a covering letter after you have reviewed your file. Ask if they can send you the print out of your evelope if possible.

VictoriaS · Post by **VictoriaS** » Fri Dec 14, 2007 12:51 pm

I have never seen envelopes in an SAB, and have been told that they throw them away.

Victoria

shdosd · Post by **shdosd** » Fri Dec 14, 2007 1:29 pm

I guess I have the same issue, as one of my applications was sent by Uni's Adviser on the day of its expiry(31/OCT), even though I handed it in a few days earlier. But on my SAB files, it says the Home Office received it on the following day(01/NOV).

isn't there a solution to this issue? please

VictoriaS · Post by **VictoriaS** » Fri Dec 14, 2007 1:42 pm

If the SAB says it was received on 1st Nov, then unless it was delivered in person it must have been sent on 31st, so you should be okay.

Victoria

shdosd · Post by **shdosd** » Fri Dec 14, 2007 2:13 pm

VictoriaS wrote:If the SAB says it was received on 1st Nov, then unless it was delivered in person it must have been sent on 31st, so you should be okay.

Victoria

Thank you,Victoria.
I'm pretty sure it was a postal application, but I'll check my SAB files again tonight just to make sure.

William Blake · Post by **William Blake** » Tue Dec 18, 2007 6:39 pm

This situation is so sad. I can't believe they are taking issue with 'gaps' of one day.

William Blake · Post by **William Blake** » Tue Dec 18, 2007 6:59 pm

This sort of thing does not instill confidence in BIA. I was under the impression that a serious application would be given serious consideration and that if there was a risk of a refusal this would be all the more reason for making sure of matters ie. the merits / demerits of the case. So how in the world can any caseworker / decisionmaker reach the conclusion that the application should be rejected on such a ground?

I think not only reapply but after reapplying if you get it give that caseworker hell through the complaints procedure - take them to task. When you pay this much money for service you ought to be able to expect better than this. Just from my view if someone so quickly refused you then they really could not have cared or invested the effort they should have. Probably enjoyed refusing the application too.

William Blake · Post by **William Blake** » Tue Dec 18, 2007 7:02 pm

And another thing. If it was late and they approved it then - then that is it they approved it. If that 'lateness' was an issue why did they not refuse it back then ? As faras I see if they approved your extension then, then that says it was not an issue.

ismangil · Post by **ismangil** » Tue Dec 18, 2007 11:16 pm

As an update to this, the friend has received a call from the IO from PEO, saying that the case has not been decided after all, it has been passed on as a postal application, and will be decided on its own merit.

A note has also been added that the friend has evidence of on-time submission of visa extension and willing to submit the evidence if requested.

Will keep everyone updated.

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10 Yrs Long Residence Concession: Is this a gap?

10 Yrs Long Residence Concession: Is this a gap?