ILR 10 years refused due to 6 month gap - Help needed

[Pay]

Dear all

I applied for ILR under 10 years rule in April 2012 , I was recently notified that my application has been refused due to me not having valid leave to remain for 6 month in 2003-2004 .

the reason for this gap was that I lost my passport 10 days before my Visa runs out , I then next day wrote to UKBA and notified them of what happened and I was advised to make application when i have all the necessary document and received my passport.

it took 5 month to get new passport and when i applied in Feb 2004 with new passport no question was asked and was issued leave to remain straight away.


I have 2 month Visa left till end October 2012 and I am not sure what to do

I know i failed to meet the definition of 10 years lawful residence in UK , but what happened was out of my hand and i did everything I could to comply with rules

Please help if you can

Many Thanks

[kimnjuka]

Dear all

I applied for ILR under 10 years rule in April 2012 , I was recently notified that my application has been refused due to me not having valid leave to remain for 6 month in 2003-2004 .

the reason for this gap was that I lost my passport 10 days before my Visa runs out , I then next day wrote to UKBA and notified them of what happened and I was advised to make application when i have all the necessary document and received my passport.

it took 5 month to get new passport and when i applied in Feb 2004 with new passport no question was asked and was issued leave to remain straight away.


I have 2 month Visa left till end October 2012 and I am not sure what to do

I know i failed to meet the definition of 10 years lawful residence in UK , but what happened was out of my hand and i did everything I could to comply with rules

Please help if you can

Many Thanks

Hi my friend, i dont know why u r ignoring what i told u. i did that in 2009 i lost my passport and i applied without even calling ukba.On their forms since 2003 forms there has been an option where u can tell them if u dont have ur passport.

Am sure there was a mis understanding somewhere becoz the ukba should have told u to go ahead with the application then u send them the passoprt once u get it.Application cannot be deemed invalid if u explain to them what happend to ur passport.Anyone can loose their passport mate ..U need then to get a good solicitor..Wish u luck mate..God less.

[quantum1]

Dear all

I applied for ILR under 10 years rule in April 2012 , I was recently notified that my application has been refused due to me not having valid leave to remain for 6 month in 2003-2004 .

the reason for this gap was that I lost my passport 10 days before my Visa runs out , I then next day wrote to UKBA and notified them of what happened and I was advised to make application when i have all the necessary document and received my passport.

it took 5 month to get new passport and when i applied in Feb 2004 with new passport no question was asked and was issued leave to remain straight away.


I have 2 month Visa left till end October 2012 and I am not sure what to do

I know i failed to meet the definition of 10 years lawful residence in UK , but what happened was out of my hand and i did everything I could to comply with rules

Please help if you can

Many Thanks

Having evidence of UKBA's advice to you will significantly improve your chances. These communications are usually stored in your file with the UKBA, so a SAR request might be helpful.

[Pay]

Dear all

I understand now that I could have filed the application even without passport , but again i was not told and i applied 5 month later with new passport , I cant go back and change I wish I could .

now I need advice of what should i do not what I should have done 8 years ago. I appreciate what you said but it doesn't help my case right now.

I lost the letter UKBA sent me and I requested SAR and it wasn't there I was told , I again wrote to them and they said they don't keep letters that UKBA send to individuals.

I want to know can I do anything , the rest of 10 years had no problem and when this incident happened I was 18 and I was at University for me applying for Visa would have not been a problem I just was advised wrong.

Do you guys think If i appeal I would have any chance ?