10 years long residence

[anwar100]

Hi All,

I came to UK on march 2002 and my ten years will be on march 2012 so i am planning to apply for indefinite leave to remain on march 2012. my all extension were on time but i have only some doubts on my first extention.
IN that case my leave to remain was until 13th march 2003 and i posted my all documents on 11th march 2003 for further leave to remain but by mistake i did not send my bank statement with these documents and about one month later mean in (April 2003) home office sent my all documents back with my passport and asked to send your bank statement with these documents again i did send my bank statement to the home office with all my documents and i had been given a limited leave to remain on 9th june 2003.
So i just worried that home office sent my all documents back and when i sent them (Home office) again in april 2003 that time i had no visa so just want to know in my case will home office consider a gap in from (13th march 2003 till 8th june 2003) for my indefinite leave to remain application ( Thanks)

[Obie]

You have to provide all the required documents for you application to be complete.

There is a potential that as a result of your application being returned, you lost out on Section 3C right, which may have broken your residency.

As the breach was not of your making but an oversight on your part, a discretion may be exercised in your favour if you make a strong representation detailing your circumstance.

[2012]

Hi All,

I came to UK on march 2002 and my ten years will be on march 2012 so i am planning to apply for indefinite leave to remain on march 2012. my all extension were on time but i have only some doubts on my first extention.
IN that case my leave to remain was until 13th march 2003 and i posted my all documents on 11th march 2003 for further leave to remain but by mistake i did not send my bank statement with these documents and about one month later mean in (April 2003) home office sent my all documents back with my passport and asked to send your bank statement with these documents again i did send my bank statement to the home office with all my documents and i had been given a limited leave to remain on 9th june 2003.
So i just worried that home office sent my all documents back and when i sent them (Home office) again in april 2003 that time i had no visa so just want to know in my case will home office consider a gap in from (13th march 2003 till 8th june 2003) for my indefinite leave to remain application ( Thanks)

1. That wud be considered as a gap and you did not have 3C leave.
2. Your clock was reset due to this issue.
3. That is a mistake on your part and you can not really argue on that point.
4. In my opinion, discretion wud not be used in this case according to the long residence guidance as it is not a valid reason for that.

[mercy4]

Please make Subject Access Request(SAR) ASAP
Please do you have your 1st extension postal receipts.
Don't give up. God makes way when seems no way.
Good luck

[anwar100]

Please make Subject Access Request(SAR) ASAP
Please do you have your 1st extension postal receipts.
Don't give up. God makes way when seems no way.
Good luck

Thanks Dear for your advice unfortunatley i dont have my 1st extension postal receipt but i have already made a subject access request which hopefully I will recieve by next month. what next i can do after recieve the Subject access Request (SAR) ? (Thanks)

[anwar100]

You have to provide all the required documents for you application to be complete.

There is a potential that as a result of your application being returned, you lost out on Section 3C right, which may have broken your residency.

As the breach was not of your making but an oversight on your part, a discretion may be exercised in your favour if you make a strong representation detailing your circumstance.

Thanks for your sincere reply Obie , but if you see my case my visa was expire on 13th march 2003 and i sent my case to Home office before my leave was expire on 11th march 2003 and then they sent my documents back and Asked for the bank statement.

Will they still consider this as a Gap ? (Thanks)

[mercy4]

Good that you've made SAR.Hopefully the SAR will arrived safely and will sort your gap as it did sort my 8months gap.
Shalom

[2012]

Hi All,

I came to UK on march 2002 and my ten years will be on march 2012 so i am planning to apply for indefinite leave to remain on march 2012. my all extension were on time but i have only some doubts on my first extention.
IN that case my leave to remain was until 13th march 2003 and i posted my all documents on 11th march 2003 for further leave to remain but by mistake i did not send my bank statement with these documents and about one month later mean in (April 2003) home office sent my all documents back with my passport and asked to send your bank statement with these documents again i did send my bank statement to the home office with all my documents and i had been given a limited leave to remain on 9th june 2003.
So i just worried that home office sent my all documents back and when i sent them (Home office) again in april 2003 that time i had no visa so just want to know in my case will home office consider a gap in from (13th march 2003 till 8th june 2003) for my indefinite leave to remain application ( Thanks)

1. That wud be considered as a gap and you did not have 3C leave.
2. Your clock was reset due to this issue.
3. That is a mistake on your part and you can not really argue on that point.
4. In my opinion, discretion wud not be used in this case according to the long residence guidance as it is not a valid reason for that.

Thanks for your sincere reply , but if you see my case my visa was expire on 13th march 2003 and i sent my case to Home office before my leave was expire on 11th march 2003 and then they sent my documents back and Asked for the bank statement.

Will they still consider this as a Gap ? (Thanks)

1. Did you have to pay the fees again or not?
2. The fact that they sent the documents back means that the application was not accompanied with the required documents and also 3C does not apply.
3. if they have kept your documents and only asked you to send them the bank statements then 3C wud have been in force but that did not happen.
4. If you read the long residence rules then you will understand wen HO will use discretion and your case does not fall within those situations.
5. Another member suggested to order SAR so then you will be able to see if HO considers this as a gap or not (for me it is a gap).
6. Your clock was reset and will start from the 1st extension visa issue date.
7. I am just trying to be practical in your situation.

[anwar100]

Hi All,

I came to UK on march 2002 and my ten years will be on march 2012 so i am planning to apply for indefinite leave to remain on march 2012. my all extension were on time but i have only some doubts on my first extention.
IN that case my leave to remain was until 13th march 2003 and i posted my all documents on 11th march 2003 for further leave to remain but by mistake i did not send my bank statement with these documents and about one month later mean in (April 2003) home office sent my all documents back with my passport and asked to send your bank statement with these documents again i did send my bank statement to the home office with all my documents and i had been given a limited leave to remain on 9th june 2003.
So i just worried that home office sent my all documents back and when i sent them (Home office) again in april 2003 that time i had no visa so just want to know in my case will home office consider a gap in from (13th march 2003 till 8th june 2003) for my indefinite leave to remain application ( Thanks)

1. That wud be considered as a gap and you did not have 3C leave.
2. Your clock was reset due to this issue.
3. That is a mistake on your part and you can not really argue on that point.
4. In my opinion, discretion wud not be used in this case according to the long residence guidance as it is not a valid reason for that.

Thanks for your sincere reply , but if you see my case my visa was expire on 13th march 2003 and i sent my case to Home office before my leave was expire on 11th march 2003 and then they sent my documents back and Asked for the bank statement.

Will they still consider this as a Gap ? (Thanks)

1. Did you have to pay the fees again or not?
2. The fact that they sent the documents back means that the application was not accompanied with the required documents and also 3C does not apply.
3. if they have kept your documents and only asked you to send them the bank statements then 3C wud have been in force but that did not happen.
4. If you read the long residence rules then you will understand wen HO will use discretion and your case does not fall within those situations.
5. Another member suggested to order SAR so then you will be able to see if HO considers this as a gap or not (for me it is a gap).
6. Your clock was reset and will start from the 1st extension visa issue date.
7. I am just trying to be practical in your situation.

Thanks again for your help dear and your comments helped me a lot.
1. Those days there were no fees so i have not paid any fees to HO that time because HO start taking fees from 2004.
2. In SAR will HO mentioned the gap that i will have idea that i have gap or not? (Thanks)

[2012]

1. That wud be considered as a gap and you did not have 3C leave.
2. Your clock was reset due to this issue.
3. That is a mistake on your part and you can not really argue on that point.
4. In my opinion, discretion wud not be used in this case according to the long residence guidance as it is not a valid reason for that.

Thanks for your sincere reply , but if you see my case my visa was expire on 13th march 2003 and i sent my case to Home office before my leave was expire on 11th march 2003 and then they sent my documents back and Asked for the bank statement.

Will they still consider this as a Gap ? (Thanks)

1. Did you have to pay the fees again or not?
2. The fact that they sent the documents back means that the application was not accompanied with the required documents and also 3C does not apply.
3. if they have kept your documents and only asked you to send them the bank statements then 3C wud have been in force but that did not happen.
4. If you read the long residence rules then you will understand wen HO will use discretion and your case does not fall within those situations.
5. Another member suggested to order SAR so then you will be able to see if HO considers this as a gap or not (for me it is a gap).
6. Your clock was reset and will start from the 1st extension visa issue date.
7. I am just trying to be practical in your situation.

Thanks again for your help dear and your comments helped me a lot.
1. Those days there were no fees so i have not paid any fees to HO that time because HO start taking fees from 2004.
2. In SAR will HO mentioned the gap that i will have idea that i have gap or not? (Thanks)

1. You will need to see wat it says in your SAR file regarding this gap.

[Obie]

Even if there is a gap, i believe it is not entirely of the OP's making. He submitted an in time application, which the HO decided to return a month after for reason i believe a simple letter would have resolved. What about in cases were statements was sent and it got missing within the department.

I know what the rules say, and i believe in cases like this were the individual made every effort to maintain a lawful presence, discretion should be exercised.

This will make a good JR case.

[vinny]

Whether or not there was a gap depends on the rules and regulations at the time.

For example, if the application was submitted on 1 Aug 2003, then 12 should be applicable. However, if it was submitted today, then it may be considered as invalid.

[zinao]

Whether or not there was a gap depends on the rules and regulations at the time.

For example, if the application was submitted on 1 Aug 2003, then 12 should be applicable. However, if it was submitted today, then it may be considered as invalid.

however vinny in terms of regulations today i just read the 2008 changes in immigration rules as laid to parliament and it does not state anyhting about the invalidity of an application so does that mean 2007 rules in that aspect were never repealed. Is the ho making their own rules to reject applications

http://www.official-documents.gov.uk/do ... 7/0607.pdf