Hello Everybody
I have been a silent reader in this forum for past two years. And I do have to mention that the knowledge that I have gained through reading this forums is enormous. I am very thankful for all the contributors who have given me courage and sometimes valuable information that I would not gained otherwise. I am here to write about my case on which I have been trying to win for past two years. Kindly do read and give me your opinion which I value very much.
The Home Office is not denying on the fact that I have lawful leave from 26th September 2004 (my first arrival) to 31st March 2009(end of my second extention). I did have another extension in 2007 which is not disputed by the Home office.
by the end of March 2009 due to the latency occurred in the publication of the result which came out with an unfortunate outcome of having a module pending to graduate my degree in Commerce. I had to now think of applying again as a student and remain a student until I graduate. I was only prepared to apply for the PSW (post study work) visa. I neither had enough fund in my bank for the required time to satisfy the visa requirements nor the University confirmation letter with the extra module I will be taking on. Due to all these facts I had to post my application on 3rd of April 2009 having my previous visa expired 31st of March 2009. Although I managed to send the application I failed to attach the bank statement as I did not have the fund to meet requirements under student status. The visa was refused and the next fresh application I sent was rejected for not having clearly filled mandatory section and the following application was successful.
I was rejected again when I applied for my PSW in 2011. But I was later granted the visa and is not disputed by the home office that I was lawful throughout the wait for PSW.
In the year 2013 I left the UK and came back as a student in less than 6 months and therefore the Home Office has no dispute towards my stay outside the UK.
My application for ILR was refused in 2015 due to the gap occurred in the year 2009.
GAP in lawful leave - The Home Office is now stating that- it is noted that you had lawful leave following your arrival in the United Kingdom on 26th September 2004 until 31 march 2009. You then submitted an application for further leave to remain on 3rd April 2009 which was out of time but within the 28 day period of your leave expiring. The application was refused stating no rights of appeal on 9th June 2009(which was incorrect it should read as 25th July/ I got the original refusal letter from the HO). You then submitted an application that was out of time on 15th July 2009 which was rejected on 29th July 2009 and your subsequent application of 31st July 2009 was also submitted out of time (which was successful). Therefore your continues leave is deemed to have ended on 3 April 2009 and as such your period of continuous lawful residence to have been broken was not regularised until 28 August 2009, when your next visa was granted.
I have lost in first tribunal and the appeal to the permission for the upper tribunal and I was refused by the upper Tribunal on papers stating it as an excluded decision.
The conferences/consultations which I have had so far with lawyers and consultants have amount in understanding that the case is not an easy one and there is definitely a gap. But is there any credit in this case as the gap between each application in 2009 is no more than 28 days. Is there any other credits in my case despite the fact I am single and I do not have a child born in the UK. your opnion would be much appreciated/Loads of thanks
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
