Time Gap during 10 years period. Need Help

[shakil]

Hi, I am in uk since 2003. during 2008 I applied for visa extension as student but i sent my application 3 days late due to my college delay in returning the attendance record.HO refused the application due to being late by 3 days after the visa expired.they didn't give me any right of appeal and asked me to leave asap. However I contacted my local MP and through him i send a letter to HO and explained my situation.in short they give me visa again on case worker's descresion almost 6 and half month later. My question is will that time period where my passport was with HO, will that time be included towards ilr? if not what is the solution? Also that 3 day late application. is that also will make problem? regards

[joh118]

Hi, I am in uk since 2003. during 2008 I applied for visa extension as student but i sent my application 3 days late due to my college delay in returning the attendance record.HO refused the application due to being late by 3 days after the visa expired.they didn't give me any right of appeal and asked me to leave asap. However I contacted my local MP and through him i send a letter to HO and explained my situation.in short they give me visa again on case worker's descresion almost 6 and half month later. My question is will that time period where my passport was with HO, will that time be included towards ilr? if not what is the solution? Also that 3 day late application. is that also will make problem? regards

yes, this is a problem and it has meant that you are no longer eligible for the ILR based on 10 year long residency. However, there is a slight chance if you explain very carefully and clearly the circumstances regarding the gap. however, this is no guarantee and the caseworker may not decide to use discretion. You many want to consult an immigration specialist.

However 2013 is a long time away and the rules regarding the long residency may change by then. (for the better or worse)

[ash786]

Hi, I am in uk since 2003. during 2008 I applied for visa extension as student but i sent my application 3 days late due to my college delay in returning the attendance record.HO refused the application due to being late by 3 days after the visa expired.they didn't give me any right of appeal and asked me to leave asap. However I contacted my local MP and through him i send a letter to HO and explained my situation.in short they give me visa again on case worker's descresion almost 6 and half month later. My question is will that time period where my passport was with HO, will that time be included towards ilr? if not what is the solution? Also that 3 day late application. is that also will make problem? regards

1. If you have been issued a visa even after you applied after 3 days then under 10 years category that wud have been fine as 1 late application (not exceeding 10 days) is acceptable.
2. The problem is that your leave was not extended under section 3C so while HO had your application, you did not have a valid leave.
3. I wud advise to speak to an immigration lawyer in your case plus keep all the communication documents between HO, your MP and your reponse.
4. After rejection wen did you send the documents to HO (how long after u visa expiry date?

[shakil]

Hi, Thanks for your replies. after my visa was rejected, the letter they sent me, in that they asked me to leave asap. what i did I sent a letter to the case worker explaining the situation but she didn't replied for good 4 months. however a month later,after rejection i contacted my local MP who sent a letter to secetory of state for HO on my behalf and requested them to look into the matter. they replied back my local MP saying that they have asked the concerned people to look into the matter. few weeks later after that , which was almost 6 months after my my rejection, the case worker sent me a letter asking for latest bank statment and the latest college documents which i provided very next day and 2 days later i got my visa.

[Aryan2013]

Hi, Thanks for your replies. after my visa was rejected, the letter they sent me, in that they asked me to leave asap. what i did I sent a letter to the case worker explaining the situation but she didn't replied for good 4 months. however a month later,after rejection i contacted my local MP who sent a letter to secetory of state for HO on my behalf and requested them to look into the matter. they replied back my local MP saying that they have asked the concerned people to look into the matter. few weeks later after that , which was almost 6 months after my my rejection, the case worker sent me a letter asking for latest bank statment and the latest college documents which i provided very next day and 2 days later i got my visa.

As advised before you need to be very very meticulous with your application in 2013. I think it's worth a try!!

[Aryan2013]

However 2013 is a long time away and the rules regarding the long residency may change by then. (for the better or worse)

Every document/article I read, only talks about economic/temporary/family migrants ILR, no mention of Long Residents/Refugees/irregular migrants ILR, so I think they will not touch those routes.