10year rule, gaps due to BIA, new gap interpretation ?

[vitalik]

I heard that the following is considered to be a gap:
If my previous visa expired end of Dec and my new visa started (as per the stamp) from end of Feb (gap being of 2 or 3 months) due to BIA taking long time to decide and I applied/mailed my application before the end of Dec (in other words before the previous visa expired).

1. please tell me if the above case is considered to be the gap (for the purpose of 10year rule) ?
2. what can I do about it?
( I threw away the letter from BIA confirming the receipt of my application but the stamp must surely have references showing that the visa was issued in UK. It was in 2005 )

3. In Feb 2008 I mailed my visa application with special delivery on last day of visa (had compelling and difficult circumstances) they received the next day, I got the visa a month later. Is it a gap?

4. also some one said in this forum: “At any rate the ten year rule has already been removed - in effect. If what they are saying is that they are stringent about the new interpretation including the gaps between visas then effectively under these current changes the vast majority of long term residents now do not qualify.â€

[paulp]

Vitalik, on both counts, your applications were "in-time" as you posted before expiry of your visa.

[thirdwave]

Vitalik, on both counts, your applications were "in-time" as you posted before expiry of your visa.

Paulp, are you sure that any LTRs expiring whilst the HO is considering an application for extension/renewal would not be considered a 'gap' under the 10 year rule? Vinny, can you help us out with any caseworker guidance on this??

[ci07jjs]

thirdwave - I have spoken to the ho about this on several occassions. They have confirmed and that the date of visa application and it definetly counts towards ILR. It makes sense as the applicant cannot be blamed for any of HO's processing delays

[thirdwave]

thirdwave - I have spoken to the ho about this on several occassions. They have confirmed and that the date of visa application and it definetly counts towards ILR. It makes sense as the applicant cannot be blamed for any of HO's processing delays

Thanks for that ci07jjs..

[paulp]

Vitalik, on both counts, your applications were "in-time" as you posted before expiry of your visa.

Paulp, are you sure that any LTRs expiring whilst the HO is considering an application for extension/renewal would not be considered a 'gap' under the 10 year rule? Vinny, can you help us out with any caseworker guidance on this??

Thirdwave, I usually quote "Section 3C protection", but just this time, didn't.

[thirdwave]

Vitalik, on both counts, your applications were "in-time" as you posted before expiry of your visa.

Paulp, are you sure that any LTRs expiring whilst the HO is considering an application for extension/renewal would not be considered a 'gap' under the 10 year rule? Vinny, can you help us out with any caseworker guidance on this??

Thirdwave, I usually quote "Section 3C protection", but just this time, didn't.

Cheers

Here's the link to the legislation for those who might be interested..

http://www.england-legislation.hmso.gov ... 170_en.pdf

[vitalik]

guys thank you very much for your reply and technically i agree , however........


i heard that a lawyer did not want to take a similar case because there was such a gap (due to HO oonsideration) because the applicatn must produce a proof that the application was made on time and the applicant did not have the usual letter

and i do not have it either i threw all the stuff away, it was 3 years ago i did not know i would need it in fact i was going to go back to my country.

do you think a subject access request would have the information of when they received my application ??

how do i do that Subject Access Request ??

also those stamps and visa stickers have references so surely there must be some records in HO as to when an application was received and whether it was on time. failing that it must at least say that it was applied for in UK and thus you can logically deduce that it must have been on time otherwise the application should have been rejected. ??

i gota speak to a lawyer but i heard some lawyers are lazy, so any good recommendation ??

[paulp]

Vitalik, I thought you were talking in the hypothetical. The HO has been known to refuse ILR and claim gaps where the applicant benefitted from Section 3C protection.

Indeed, the onus was then on the applicant to prove that posting was done on time. There have been claims that the HO do or do not keep the envelopes with the dated postmark on them.

Have you or haven't you been refused?

[vitalik]

hi Paulp, thank you for your reply and i am grateful for others' replies too.

i have not yet applied, and i should be eligible in mid July this year. but i am really disapointed if they refuse ILR simply based on the lack of proof of applying on time, just unfair.

its just not normal to keep all those letters, who would ever expect them to be necessary later. and i probably have more of those little gaps.

so how do i do that Subject Access Request? do you think som proof could be in that report?

many thanks guys again.

[iceman010899]

hi

Get your file (SAB). This shows the date the application was made and granted. I dont know if it shows the dates they received the application by post as all my apps were done in person.

It takes about 40 days and cost £10. They send all previous application forms, landing cards and computer records.

[vitalik]

hey the mighty moderators, please help, still got questions unanswered.
many thanks.

[paulp]

Do a search on the forum or on google. You can also go to BIA's website though they didn't have all the SAR details on the new website the last time I checked.

The key words are Subject Access Request and BIA.