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Hi,khanii wrote:hello every one
i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
An applicant has a single gap in their lawful residence due to submitting application out of time, if they prove that there were extenuating circumstances, discretion would normally be appropriate. Have you explained about the expiry of your sister with evidence when you applied? Are you given chance to appeal?khanii wrote:hellp every one
well i have got property here but my wife and childrens are in back home , they don't live here , they applied for visa but they were rejected , but some bosy told if have had gone to psychologist on that time to check ur health because of mentally stress , then i would have got disreceatin of ILR or may be 3 years discetionary visa.
And i am on psw visa at the moment and wondering whether i should apply HSMP, its so confusing and waste of money as well.
plz advise me any one
many thanks
If it is single gap and the gap is within 10 days, the case worker will apply discretion.maganzo wrote:Hi,khanii wrote:hello every one
i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
i am afraid it is difficult to CONVINCE the IJ about this issue.Even article 8 is redundant,because he/she will say that you can start your life in your country,because when you applied to come to UK,you knew that you will return to your home country when you finish your studies.But if you have property here,may be wife and children ,these factors can help you.Try to appeal anyway,but think of your money and time!It is unfair system,where by they can reject someone who has been here 10 yrs,only one gap spoil the matter.
I had some gaps ,my case went to High Court but i lost !!!!
Read this Case:
MD Jamaica & Anor V Secretary of State For the Home Department[2010]EWCA Civ 213
Hi, when you got a response from the UKBA? I mean after your ILR application in Nov'09khanii wrote:hello every one
i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
senthil78 wrote:If it is single gap and the gap is within 10 days, the case worker will apply discretion.maganzo wrote:Hi,khanii wrote:hello every one
i would like to request about my gap in long residency which was happened in december 2006, Actually my student visa was expired on 07 december2006 but i applied my student visa on 28 december which was then extended on 17 january 2009 and now i applied for ILR nov 2009 under 10 years long residency law which was then rejected because of that vidsa gap , although my sister was died on 29 novmber2006 as well and because of that i was very stressful and forgot to do that and in this stage i am wondering what shall i do. if any body can help or gove my any advise i will very grateful.
thanks
i am afraid it is difficult to CONVINCE the IJ about this issue.Even article 8 is redundant,because he/she will say that you can start your life in your country,because when you applied to come to UK,you knew that you will return to your home country when you finish your studies.But if you have property here,may be wife and children ,these factors can help you.Try to appeal anyway,but think of your money and time!It is unfair system,where by they can reject someone who has been here 10 yrs,only one gap spoil the matter.
I had some gaps ,my case went to High Court but i lost !!!!
Read this Case:
MD Jamaica & Anor V Secretary of State For the Home Department[2010]EWCA Civ 213
Every case is different, If you don't have any valid reason, obviously there is no chance. But OP has a valid reason and anyone may forget in such a situation. I think that he would have not explained which is why his application was refused. If he explains in detail, I am sure that the case worker will apply discretion. As per guide, An applicant has a single gap in their lawful residence due to submitting application out of time (24 days), if they prove that there were extenuating circumstances, discretion would normally be appropriate. It is not important about no. days gap and it no. of days submitting application out of time. OP is within the limit and has valid reason.mrlookforward wrote:I remember reading a decision about someone who had 16 days gap in residence. The applicant was refused. Appeal wasnt allowed too. To cut the long story short, OP has a gap of more than 5 weeks. Hardly any chance of UKBA ever exercising discretion for a 5 weeks gap, when they are not willing to exercise discretion for 16 days and fight it all the way in courts and win the case. It will be a miracle if someone gets granted with a 5 weeks gap.
I had removed my post within a minute of posting and definitely before you posted yours (you were probably writing it at that time). And the reason I did so was that I remembered the source of senthil78's claim - long residence IDI. Hence, the question (in my post) became irrelevant.mrlookforward wrote:Ah sush, your are so clever. As soon as I posted after your post, your quickly removed your post. Nice one. ( I have removed mine too) Fair use of your privileges.
I thought that.khanii wrote:hello every one
actually i didn't mention on that time when i applied for ILR that my sister was gone died , otherwise there might be chances, .