ILR with a "gap"???

lycous · Post by **lycous** » Fri Aug 01, 2008 9:49 pm

Hello,

I need your help desperately... I went to the home office this morning to apply for the ILR based on long residence in the UK but was told I would not be able to obtain the ILR status and was advised to post my application for further investigations.
I've been in the UK for 10 years on a student visa, but on 31st January 2004 my visa expired and i carelessly completely forgot about it until it was brought to my attention by a cashier at the bank a week after my visa expired. I therefore gathered the necessary documents I needed (bank statements, letter from school) and sent my application to the Home Office the week after with a covering letter explaining what had happened to me. I believe the gap is for about 2/3 weeks.
The home office issued the visa at the end of March that year.
That was the only time this had happened to me during the 10 year period.

My visa was then renewed for a further year during that time.
However, this careless mistake is haunting me again, affecting my chances to obtain the ILR status.
What can I do? I'm really desperate.

Thank you very much for your answers.

dnicky · Post by **dnicky** » Sat Aug 02, 2008 9:40 am

It is your responsibility to keep a track of your visa eligibility and apply for extension before the earlier one expires. Try approaching a good lawyer and see if that helps.
Other co-members of the board will provide possible alternatives.

lycous · Post by **lycous** » Sat Aug 02, 2008 9:47 am

ok Dnicky, thank you for your post. I'll get in touch with a lawyer to find out what the next step would be for me.
Thanks again.

republique · Post by **republique** » Sat Aug 02, 2008 11:27 am

lycous wrote:ok Dnicky, thank you for your post. I'll get in touch with a lawyer to find out what the next step would be for me.
Thanks again.

I am not sure you need a solicitor yet. The PEO is simply saying it is not straightforward and you should post your application.
If they reject it after you post it, then you should get a solicitor.

lycous · Post by **lycous** » Sat Aug 02, 2008 12:19 pm

Ohhh I see, is that what it means then? Thank you Republique! I thought I didn't stand a chance at all, so I was a bit confused when they said I would need to post it for further investigations. But if they refuse it, will I still have the chance to make an appeal? Or will it still be better to have it done through a sollicitor to add more weight to my applicaton?
Thanks again.

dnicky · Post by **dnicky** » Sat Aug 02, 2008 12:53 pm

Rather risking a rejection and re-applying, which will anyway cost you more money, time and stress it will make sense to apply it through a solicitor in the firsdt palce as you know there is a gap period involved.

lycous · Post by **lycous** » Sat Aug 02, 2008 1:29 pm

Ok Dnicky, That's true! Thank you very much for the advice. I 'll do that as from Monday, and I'll let u guys know how the whole thing goes.

republique · Post by **republique** » Sat Aug 02, 2008 1:31 pm

lycous wrote:Ohhh I see, is that what it means then? Thank you Republique! I thought I didn't stand a chance at all, so I was a bit confused when they said I would need to post it for further investigations. But if they refuse it, will I still have the chance to make an appeal? Or will it still be better to have it done through a sollicitor to add more weight to my applicaton?
Thanks again.

For me it is pretty staightforward, either they are going to accept your bobble or they are not. The issue is one that has already been through the legal system so I'd try first without the solicitor with an explanation as to what happened and stressing that 2 months in 10 years shouldn't be fatal and you'd appreciate their discretion. Paying for a solicitor to do the same thing is pointless. This is my personal opinion.

lycous · Post by **lycous** » Sat Aug 02, 2008 10:48 pm

Oh ok Republique I see your point too.

... Thank u very much for your help guys and I will keep u updated on my case.

paulp · Post by **paulp** » Sun Aug 03, 2008 8:47 am

republique wrote:For me it is pretty staightforward, either they are going to accept your bobble or they are not. The issue is one that has already been through the legal system so I'd try first without the solicitor with an explanation as to what happened and stressing that 2 months in 10 years shouldn't be fatal and you'd appreciate their discretion. Paying for a solicitor to do the same thing is pointless. This is my personal opinion.

The current trend at the HO is that 1 day in 10 years is fatal. This isn't even a normal gap, it is a period of overstay. The OP will need all the help that he can get and forgetting to renew his visa will not carry much weight.

jaas · Post by **jaas** » Sun Aug 03, 2008 8:54 pm

Okay...I am not sure whether you are going to get it or not ..its all depends on case worker...!!! I just wanna tell you my experience ....last year when was applying ILR personally ..there was another person with me who overstayed around 2 months in 10 years long stay ..got ILR without any problem with in 2 hours where as mine took 5 hours....so its all depends on case worker ...!!!

I also agree with others also what the law is ...but ..!!!! there is nothing wrong applying and be honest while applying and let case worker decide

republique · Post by **republique** » Sun Aug 03, 2008 11:20 pm

jaas wrote:Okay...I am not sure whether you are going to get it or not ..its all depends on case worker...!!! I just wanna tell you my experience ....last year when was applying ILR personally ..there was another person with me who overstayed around 2 months in 10 years long stay ..got ILR without any problem with in 2 hours where as mine took 5 hours....so its all depends on case worker ...!!!

I also agree with others also what the law is ...but ..!!!! there is nothing wrong applying and be honest while applying and let case worker decide

And thats my point, you go in with guns blazing of course they are going to put up a fight. or they just might overlook it because they think it isn't a big deal. You can only lose the fee. if they say no, you were no worse off from trying but if they say yes, then you just escaped by the skin of your teeth.

ben_scaro · Post by **ben_scaro** » Mon Aug 04, 2008 12:14 pm

What about the situation where they reject your citizenship and tell you to go to Croydon and apply for ILR instead and there's a two week gap ? Does that period suddenly stop the clock?

Ben

whirly · Post by **whirly** » Mon Aug 04, 2008 12:48 pm

ben_scaro wrote:What about the situation where they reject your citizenship and tell you to go to Croydon and apply for ILR instead and there's a two week gap ? Does that period suddenly stop the clock?

Ben

Ben,

Your scenario doesn't make sense to me. You cannot get naturalisation without being free from immigration control (i.e. having ILR), so why would you apply for citizenship first? In my opinion, if that results in a gap, that's hardly the HO's fault.

William Blake · Post by **William Blake** » Tue Aug 05, 2008 11:55 am

lycous

You asked about appealling if refused. If you have leave on your visa when the refusal comes back you won't get an appeal. So if possible you may want to wait till two weeks or so before your curret visa expires to submit for ILR.

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ILR with a "gap"???

ILR with a "gap"???