shahzad001 wrote:Many thanks for your reply.
I did applied for student extension and got this successfully. Any provision or any rules I can apply under this rule .... please please help.
Many thanks
Shaz
You were granted student visa:
This was because the Immigration Rules for LTR in that capacity(student) did not require that applicants have extant leave at the time of application. Further in your case, as you were granted F'LR in the capacity of student, it should be noted that this is a category that does not of itself lead to settlement. It should not therefore, be inferred that as leave was subsequently granted in your case that this raises an exception that any future application on the basis of long residence would see the requirement to have spent a period of 10 years lawful continuous residence in the UK waived.
When considering an application for ILR on the basis of length of residence, the Secretary of State should be satisfied that the applicant has acted lawfully throughout the entire period and has made every attempt to comply with the immigration rules.
If an applicant has a single short gap in lawful residence through making one single previous application out of time by a few days (not usually more than 10 calendar days out of time), discretion can be exercised, ILR, so long as the application meets all the other requirements.
You only have got 2 options:
1) You were hospitalized in those 20 days.
2) There was a postal strike.
in your case it was not an error by UKBA.
Its debatable but in the court not with the case worker.
Information provided is general guidance and does not constitute legal advice.
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