ILR: No of days over 90 days at a Stretch(Not at my fault)

[acpula]

Hello Group,

I am following this from long time and this is helping many people which is great.

I am planning to get my ILR by fast track in mid may, so i have to book an appointment at the earliest.

My query:

I am initially on Work permit in from June 2007, I got my HSMP approval letter in Feb 2008.
I am back to my home country and applied for HSMP Visa in the first week of march 2008
I got the visa stamped and received my passport by end of march 2008, but there is a typo error printed on my visa by immigration office. (Gender was typed incorrectly)
When i contacted I am asked to submit my passport to correct the visa, which this process took 3 weeks to get my visa corrected.

Since it is not a routine process(visa correction), i am asked to collect the passport from VFS office. I received my passport in damaged state (VFS apologised for this) where it led me to apply for a new passport, this process took me another 30 days for a brand new passport.

The complete process took me 107 days where i am unpaid during this process.

In total i am 221 days(107 days included with passport errors) out of the UK with 142 unpaid days(including 107 days).

Is there any chance for me to take all these points in to consideration and apply for visa or do i have to wait as there is a break over 107 days out of the country at a Stretch.
I cant find this info on any forums or UKBA site.

Any suggestions will be great.!

Thanks
apula

[jaskiratbaweja]

I am sure they will consider this if you write a clear and detailed cover letter. They will be able to trace from the HO reference number about the history of the case.

Also the visa validity dates should be same as what was stamped in your old passport? By any chance do you have scans or photocopies of the old passports and the visa stamps in it?

[acpula]

Thanks for your reply.
Yes, as you mentioned, the visa validity dates remained same on both visas (the one on incorrect gender and the corrected visa). They both remain on the damaged passport. I have the damaged passport with me as there is a valid UK visa(corrected visa) on it.

I think they have track of typo error and the correction as it can be seen on my passport, but i am concerned about the passport damage duration as i dont have anything to prove, I have submitted a complain letter to VFS(not sure if they have track with HO)

Thanks

[AshMad]

Hi Acpula,

The delays caused in your case were due to errors committed by British Deputy High Commission. In your case they will have to grant ILR on discretion as it was not your fault at all. They will definitely have a record of all the issues.

You should write all the details in your covering letter. Also since you have all the correspondence and documentation with you to support the reasons for the delay, your circumstances are of compassionate nature and calls for discretion as the fault was not yours.

I think you should go confidently and apply at PEO.

Regards
Ash

[acpula]

Thanks and appreciate for the quick response.
I am delighted with your responses, you experts boosted my confidence.