10 Year ILR, HO returned passport late, is it a GAP? - Help!

[sam_lam15]

----

[VictoriaS]

How long after getting the passport back did you make a student visa application?

Victoria

[sam_lam15]

How long after getting the passport back did you make a student visa application?

Victoria

hi Victoria,

I submitted a student visa application 2 or 3 days after getting the passport back.

[VictoriaS]

It is technically a gap but i think you could argue it.

Victoria

[sam_lam15]

It is technically a gap but i think you could argue it.

Victoria

yes, a gap, but caused by HomeOffice's delay, it will be unfair for me to take the responsibilities, right? should I get a solicitor to argue it for me, any recommendations?

or is it something I can do myself?

[paulp]

I submitted a student visa application 2 or 3 days after getting the passport back.

Did you get a letter saying that you had 28 days to appeal, apply in another visa category or leave?

[sam_lam15]

I submitted a student visa application 2 or 3 days after getting the passport back.

Did you get a letter saying that you had 28 days to appeal, apply in another visa category or leave?

yes, I was given a letter stating I could appeal to the decision, but I didnt appeal.

[paulp]

yes, I was given a letter stating I could appeal to the decision, but I didnt appeal.

Section 3C protection (continuing leave) expires 10 working days after receiving notice of the decision (while an appeal could be brought). That's usually considered to be 2 days after the decision letter was sent by the HO. Did you apply for your next student visa within that timeframe?

If not, you will have to argue that it's the HOs fault that they returned the passport so late.

[sam_lam15]

yes, I was given a letter stating I could appeal to the decision, but I didnt appeal.

Section 3C protection (continuing leave) expires 10 working days after receiving notice of the decision (while an appeal could be brought). That's usually considered to be 2 days after the decision letter was sent by the HO. Did you apply for your next student visa within that timeframe?

If not, you will have to argue that it's the HOs fault that they returned the passport so late.

thanks for your replies, Paul,

I applied my new student visa 3 (working days) after I received my passport back, is that ok?

BUT I still do not understand why the hell they kept my passport while sent out a refusal letter to me?

[paulp]

thanks for your replies, Paul,

I applied my new student visa 3 (working days) after I received my passport back, is that ok?

BUT I still do not understand why the hell they kept my passport while sent out a refusal letter to me?

I get the impression that you applied for the student visa more than 10 working days after you received the refusal letter, is that the case?

[sam_lam15]

thanks for your replies, Paul,

I applied my new student visa 3 (working days) after I received my passport back, is that ok?

BUT I still do not understand why the hell they kept my passport while sent out a refusal letter to me?

I get the impression that you applied for the student visa more than 10 working days after you received the refusal letter, is that the case?

hi, Paul,

I do keep the original records,

according to my Post Office recorded slip and and evelope containing my passport that I received from HO, I can see clearly, that it is exactly 3 working days. and also on the refual letter, it also says that I could appeal within 28 days. ???

anyway, the point is that what is the chances of arguing with HomeOffice that the fact it is their responsibility, what is this section 3C?

thank you!

[paulp]

hi, Paul,

I do keep the original records,

according to my Post Office recorded slip and and evelope containing my passport that I received from HO, I can see clearly, that it is exactly 3 working days. and also on the refual letter, it also says that I could appeal within 28 days. ???

anyway, the point is that what is the chances of arguing with HomeOffice that the fact it is their responsibility, what is this section 3C?

thank you!

Hi Sam,

The amendment to Section 3C of the Immigration Act is what extends your leave past its expiry if you submitted a FLR application before then.

So, just to get the sequence of events right, you "heard" from the HO that your WP was refused, presumably on the phone? But it's only later that you received your refusal letter and your passport and you re-applied for the student visa within 3 working days? If so, you're kosher.

[sam_lam15]

hi, Paul,

I do keep the original records,

according to my Post Office recorded slip and and evelope containing my passport that I received from HO, I can see clearly, that it is exactly 3 working days. and also on the refual letter, it also says that I could appeal within 28 days. ???

anyway, the point is that what is the chances of arguing with HomeOffice that the fact it is their responsibility, what is this section 3C?

thank you!

Hi Sam,

The amendment to Section 3C of the Immigration Act is what extends your leave past its expiry if you submitted a FLR application before then.

So, just to get the sequence of events right, you "heard" from the HO that your WP was refused, presumably on the phone? But it's only later that you received your refusal letter and your passport and you re-applied for the student visa within 3 working days? If so, you're kosher.

hi paul, I RECEIVED a letter telling me it was refused, they never phoned me. I sent out the student application 3 days after receiving the letter.
HO sent out the letter to tell me it was refused, but they kept my passport. (I can not understand why they did this)

[paulp]

hi paul, I RECEIVED a letter telling me it was refused, they never phoned me. I sent out the student application 3 days after receiving the letter.
HO sent out the letter to tell me it was refused, but they kept my passport. (I can not understand why they did this)

I applied my new student visa 3 (working days) after I received my passport back, is that ok?

Applied a work permit on 2nd October 2003 (4 weeks before student visa expired), after waiting 9 weeks, HO Workpermit department told me that my application's refused But kept my passport until 28th Nov. 2003, ...

Sam, sorry mate. It is all getting weirder and weirder. You applied for your student visa 3 days after getting your passport back. You applied for your student visa 3 days after getting the letter. But you received the letter but the HO kept your passport till later. It does not add up. Sorry.

[sam_lam15]

hi paul,
I am sorry if it is so confusing to you, but it isnt.

it happened in this order:

1)--> they sent me a refusal letter, but without sending my passport back,
2)--> I requested my passport back immediately after I received the letter,
3)--> one week later, they sent back my passport
4)--> 3 days after receiving my passport, I applied for a new student visa.

[paulp]

hi paul, I RECEIVED a letter telling me it was refused, they never phoned me. I sent out the student application 3 days after receiving the letter.

So it's the above bit in bold that was confusing then. You didn't send out the student application 3 days after receiving the letter. It was about 10 days later (less than 10 working days anyway).

After we've cleared all this, you should be good. You applied within the 10 working days while Section 3C extended your legal stay. So that period was all legal and continuous then.