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Beige wrote:I think you may have a bit of difficulty if you go the route of blaming the UKBA for the gap. From your post, the gap itself seems to be your fault. It was your responsibility to make sure that the application form you used the second time round was the correct one especially as they sent your application back to you while your IGS visa was still valid. Also, the fact that they chose to grant you the PSW visa in the end does not overule the fact that between 31/12/08-30/01/09 you were not in the UK lawfully.
sam_lam15 wrote:Imani, sorry to hear about your case being refused,
as I understand, you do have a gap, but it should be from 22/01/09 to 30/01/09, you should argue about it, ask for a review/reconsideration or make a complaint.
I have also pm you, please check your message box.
Thank you Sushdmehta.sushdmehta wrote:Because of incorrect settings you had chosen in your profile (under preferences). I have changed them - so you should be able to, now.Imani wrote:PS: Cant seem to use some buttons yet such as bold, italic etc oh well.
regards
Is this relevant to the query? Or is it an attempt to seek information you need and therefore do not mind interrupting an ongoing discussion on a specific issue?sam_lam15 wrote:Imani,
but, what was the timescale like in your ILR application, ??
when did you send it and how many weeks had you waited ??
and I know you said there wasn't even a name on your ILR refual letter,
but was there a place name at all, such as Croydon, Liverpool, Sheffield ?
thank you!
Settlement under the long residence category isn't something I have a good understanding of, but here's my honest opinion based on my limited understanding of the rules and the information provided by you:Imani wrote:On a more serious note, i would like your input.
1. Section 3C would have come into play only if you had appealed the decision received on 24/12/2008. This said, I must add that it is surprising that you were given the right to appeal when you still had one week valid leave - this is another reason why Section 3C didn't come into play. Anyhow, but as you never appealed but reapplied (afresh), the Section 3C protections does not apply.Section 3C wrote:• Section 3C only applies where an application for extension of stay is made before the expiry of the person's leave and the leave expires before the application for variation has been decided;
• Its effect is to extend the leave and any conditions attached to it while the application is neither decided or withdrawn, while an in-country appeal could be brought, or, while an appeal is pending;
• Section 3C does not apply if an application is refused before substantive leave expires;
• Section 3C does not apply where a person's limited leave has already expired at the time of the application.