Gap because of invalid application and ILR -URGENT help need

[Maliksabour]

I applied my Tier 1 extension for 3 years in Aug 2009 and my application was returned as invalid because of photos, By the time Home office returned my application and I re applied my visa was expired and overstayed by 23 days.

The 2nd application was approved later and HO granted me 3 years Tier 1 extension

Now I want to apply for ILR on the basis of 5 year

I am very confused what to do as I overstayed by 23 days because of my invalid application and whether this will effect my ILR application or not.

Please suggest what to do?????????????????????????

URGENT ADVICE REQUIRED......................

[msingh966]

I applied my Tier 1 extension for 3 years in Aug 2009 and my application was returned as invalid because of photos, By the time Home office returned my application and I re applied my visa was expired and overstayed by 23 days.

The 2nd application was approved later and HO granted me 3 years Tier 1 extension

Now I want to apply for ILR on the basis of 5 year

I am very confused what to do as I overstayed by 23 days because of my invalid application and whether this will effect my ILR application or not.

Please suggest what to do?????????????????????????


URGENT ADVICE REQUIRED......................

You were in UK for those 23 days and the overstay was ignored during renewal because of obvious reason that you applied in time but photo problem was an error. So I think this is not an issue for your application however I tried to search the topic on UKBA website but could not find any clue.

[rneeta]

Hi Maliksagar,

I am also in exactly similar situation during extension in Jan 2010. My one was due to old forms for dependent and was renewed for 3 yrs later Ire applied after 12days. I am also thinking to ask for SAR file to check what they have recorded in their system
I may try for ILR first instead of extending in 2013. If you share your experience it would be very very useful for me or others who are in similar situation.

Thanks
rneeta

[cs95tdg]

I applied my Tier 1 extension for 3 years in Aug 2009 and my application was returned as invalid because of photos, By the time Home office returned my application and I re applied my visa was expired and overstayed by 23 days.

The 2nd application was approved later and HO granted me 3 years Tier 1 extension

Now I want to apply for ILR on the basis of 5 year

I am very confused what to do as I overstayed by 23 days because of my invalid application and whether this will effect my ILR application or not.

Please suggest what to do?????????????????????????

URGENT ADVICE REQUIRED......................

It may help understand the specifics of your case if you provide the following information: Date of initial EC, Date of Entry, Date of original extension application, Date the application was returned as invalid (Was the application returned as invalid or was it a refusal?), Date you re-applied for leave to remain.

The potential problem if you did indeed overstay is that your ILR clock would be reset to start from zero. I.e. This would mean you start counting your 5 year residency from the date when your extension application was approved.

The 5 year residency rule states that the applicant must have spent a continuous period of 5 years lawfully in the UK. See "245CD. Requirements for indefinite leave to remain" under the following Immigration Rules:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[cs95tdg]

You were in UK for those 23 days and the overstay was ignored during renewal because of obvious reason that you applied in time but photo problem was an error. So I think this is not an issue for your application however I tried to search the topic on UKBA website but could not find any clue.

Applicants are allowed to make out-of-time applications for leave to remain (I.e. apply for an extension after their current leave to remain has lapsed). But that does not mean that the period between the date their original leave to remain lapsed and the date when they submitted their subsequent application for leave to remain will be considered lawful. So this will make a difference towards the residency requirement for a subsequent ILR application.

[wpilr_nov12]

http://www.bailii.org/uk/cases/UKUT/IAC ... nepal.html

Para 23 might be handy

[ashiec]

i was in the same situation but for me instead of making a new application in country, i went home after being refused/invalid application.

will that affect my long lawful residency? will it 're-set' my long residency time?

[Maliksabour]

I applied my Tier 1 extension for 3 years in Aug 2009 and my application was returned as invalid because of photos, By the time Home office returned my application and I re applied my visa was expired and overstayed by 23 days.

The 2nd application was approved later and HO granted me 3 years Tier 1 extension

Now I want to apply for ILR on the basis of 5 year

I am very confused what to do as I overstayed by 23 days because of my invalid application and whether this will effect my ILR application or not.

Please suggest what to do?????????????????????????

URGENT ADVICE REQUIRED......................

It may help understand the specifics of your case if you provide the following information: Date of initial EC, Date of Entry, Date of original extension application, Date the application was returned as invalid (Was the application returned as invalid or was it a refusal?), Date you re-applied for leave to remain.

The potential problem if you did indeed overstay is that your ILR clock would be reset to start from zero. I.e. This would mean you start counting your 5 year residency from the date when your extension application was approved.

The 5 year residency rule states that the applicant must have spent a continuous period of 5 years lawfully in the UK. See "245CD. Requirements for indefinite leave to remain" under the following Immigration Rules:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Here is the information

HSMP initial visa applied in UK --- 23-08-2007
Tier 1 - extension 10-08-2009

Tier 1 invalid application returned 15-09-2009
re applied as Tier1 24-09-2009
Tier 1 approval 15-10-2009

[cs95tdg]

I applied my Tier 1 extension for 3 years in Aug 2009 and my application was returned as invalid because of photos, By the time Home office returned my application and I re applied my visa was expired and overstayed by 23 days.

The 2nd application was approved later and HO granted me 3 years Tier 1 extension

Now I want to apply for ILR on the basis of 5 year

I am very confused what to do as I overstayed by 23 days because of my invalid application and whether this will effect my ILR application or not.

Please suggest what to do?????????????????????????

URGENT ADVICE REQUIRED......................

It may help understand the specifics of your case if you provide the following information: Date of initial EC, Date of Entry, Date of original extension application, Date the application was returned as invalid (Was the application returned as invalid or was it a refusal?), Date you re-applied for leave to remain.

The potential problem if you did indeed overstay is that your ILR clock would be reset to start from zero. I.e. This would mean you start counting your 5 year residency from the date when your extension application was approved.

The 5 year residency rule states that the applicant must have spent a continuous period of 5 years lawfully in the UK. See "245CD. Requirements for indefinite leave to remain" under the following Immigration Rules:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Here is the information

HSMP initial visa applied in UK --- 23-08-2007
Tier 1 - extension 10-08-2009

Tier 1 invalid application returned 15-09-2009
re applied as Tier1 24-09-2009
Tier 1 approval 15-10-2009

To be begin with I can't provide a straightforward answer to the question raised. But will summarise what I understand based on the information provided. There may be others on this forum who will be able to comment further after this as well.

Based on my understanding of the rules you would have been protected (i.e. your stay in the UK would have been lawful) by Section 3C/3D of the Immigration Act 1971, between the period of 23-08-2009 & 15-09-2009.

Now the question that remains is what your status was between the time period of 15-09-2009 & 24-09-2009. Can I ask what the letter issued by the UKBA stated when your application was returned as invalid? I.e. did it give you the right to reapply & also appeal the decision? Or was there no right of appeal? Additionally did they state a number of days by which you should re-apply? (or appeal if that option was given?)

You might find the following post informative as well, as it was a similar case, even though the application was rejected in that case and not invalid as is the case here. There are references/links to Section 3C/3D in that post if you would like to have a read through.

http://www.immigrationboards.com/viewto ... ht=#655892

[cs95tdg]

i was in the same situation but for me instead of making a new application in country, i went home after being refused/invalid application.

will that affect my long lawful residency? will it 're-set' my long residency time?

Every individual case is different. So it will be difficult for anyone to comment without any background information. You may however find reading the information on this post useful to determine the answer to your case, by yourself.

[Maliksabour]

i was in the same situation but for me instead of making a new application in country, i went home after being refused/invalid application.

will that affect my long lawful residency? will it 're-set' my long residency time?

Every individual case is different. So it will be difficult for anyone to comment without any background information. You may however find reading the information on this post useful to determine the answer to your case, by yourself.

Thanks for your kind advice, I am meeting one immigration lawyer on Monday and see what he says about this, I will keep all the valid point you made. Thanks for your cooperation.
Regards
MAlik

[ashiec]

i was in the same situation but for me instead of making a new application in country, i went home after being refused/invalid application.

will that affect my long lawful residency? will it 're-set' my long residency time?

Every individual case is different. So it will be difficult for anyone to comment without any background information. You may however find reading the information on this post useful to determine the answer to your case, by yourself.

Thanks for your kind advice, I am meeting one immigration lawyer on Monday and see what he says about this, I will keep all the valid point you made. Thanks for your cooperation.
Regards
MAlik

Malik,

i would really appreciate if you can give us feedback of your meeting with IL.

thanks in advance.

[Maliksabour]

i was in the same situation but for me instead of making a new application in country, i went home after being refused/invalid application.

will that affect my long lawful residency? will it 're-set' my long residency time?

Every individual case is different. So it will be difficult for anyone to comment without any background information. You may however find reading the information on this post useful to determine the answer to your case, by yourself.

Thanks for your kind advice, I am meeting one immigration lawyer on Monday and see what he says about this, I will keep all the valid point you made. Thanks for your cooperation.
Regards
MAlik

Malik,

i would really appreciate if you can give us feedback of your meeting with IL.

thanks in advance.

Do not worry I would...............

[jaberdene]

Every individual case is different. So it will be difficult for anyone to comment without any background information. You may however find reading the information on this post useful to determine the answer to your case, by yourself.

Thanks for your kind advice, I am meeting one immigration lawyer on Monday and see what he says about this, I will keep all the valid point you made. Thanks for your cooperation.
Regards
MAlik

Malik,

i would really appreciate if you can give us feedback of your meeting with IL.

thanks in advance.

Do worry I would...............

Hi Malik
Im looking forward to hear your comment after meeting the lawyer AS WELL.
cheers

[Maliksabour]

Thanks for your kind advice, I am meeting one immigration lawyer on Monday and see what he says about this, I will keep all the valid point you made. Thanks for your cooperation.
Regards
MAlik

Malik,

i would really appreciate if you can give us feedback of your meeting with IL.

thanks in advance.

Do worry I would...............

Hi Malik
Im looking forward to hear your comment after meeting the lawyer AS WELL.
cheers

Hi

I had meeting with one Lawyer yesterday and he told me the safe option would be

Apply tier 1 extension first
Once extension is authorized then apply immediately for ILR,

This will insure I have valid visa if I have refused ILR application .

I asked him about the appeal if we apply ILR first and go for appeal on refusal,
he said my invalid application reason( i.e photographs and overstay by 30 days because of re apply) is not that strong and we have a slim chance of appeal being successful

I have couple of more meeting with different lawyers, I will update this page after meeting them

MAlik

[ashiec]

Thanks for your feedback MAlik,

i thought the question should have been "HAVE YOU BROKEN YOUR LONG RESIDENCY" after applying rather than what 'can i do to stay'

i am saying this in kindest possible way, i dont want to offend you and i still need to gain valued info from you experience.

kindest regards

[ashiec]

MAlik,

I spoke to a friend of mine i trust who clarified that, 1 gap (overstayed for less than 10 days) is fine as long as you meet all other criterias/requirements under the Long Residency route;

the only thing you might need to clarify with your lawyer is: IF YOU HAD INVALID OR REFUSAL and took almost 2 - 3 months to re-apply because you were going through appeal process et cetera;

can you note that down so you dont forget when you meet a lawyer?

[Maliksabour]

MAlik,

I spoke to a friend of mine i trust who clarified that, 1 gap (overstayed for less than 10 days) is fine as long as you meet all other criterias/requirements under the Long Residency route;

the only thing you might need to clarify with your lawyer is: IF YOU HAD INVALID OR REFUSAL and took almost 2 - 3 months to re-apply because you were going through appeal process et cetera;

can you note that down so you dont forget when you meet a lawyer?

Here is what happened in meeting with two different lawyers.

First meeting with Dr Malik from Malik law chamber and he told me it is fine to apply for ILR as they invalid my wife application not mine and second thing it is administrative error and instead of sending back all application as invalid HO should have asked me to send new photo of my wife,
Therefore the HO action of invalid my application was totally unjustified at first point and the gap created should not be considered as gap or break in 5 year continuous residence,
The reason given by HO in the letter was * photo used before i.e old photos * at entry clearance during months of May 2009 when my wife applied for entry visa.

The other Lawyer also told me to apply ILR visa. and he gave me same sort of explanation as by Dr Malik. He also told me about couple of recent cases in which High Court told HO to not invalidate the application because of photos or credit card payments and any Gap because of that should not be considered as Gap.

I hope it make sense as our visa is not just a work visa its actually a immigration from one country to other country, so a little error like photos or payment decline should not effect the ILR application.

Therefore I decided to apply for ILR through a lawyer.

Regards
Malik

[rneeta]

Hi Malik,

Thanks for sharing this experience. As they see the application with spouse as a single application not very sure how strong that argument would be . in my case also it was return as invalid for all applicant though new form was changed for dependents only. But second point is strong it is an administrative error they would have asked to send a new photo. Even a single attempt was not made by HO and any chance was not given to applicant to correct such a minor error.


Please keep sharing your experience.

Regards
Neeta

[prova]

malik ,

did you hear anymore from your solisitors about the gap for once invalid application . what is your situation now . pls update so i would be sure of my fate

[bigchemist]

Sat on the last bench in the waiting room at Liverpool PEO after being refused to progress my application in person.

Heres the background

HSMP 24 Aug 2007 - 24/8/2009
TIER 1 Application sent 20th Aug 2009,
Invalid letter with return application 14th sep 2009 (forgot to send police registration)
Resubmitted on 8th oct,2009 T1 granted 31/10/2009 unit 31/10/2012

Today i am here for ILR after 5 years... But unfortunately its not going to happen, as period between 24/8/2009 & 8/10/2009 is unlawful...

The officer suggested i send my application by post explaining why i have not lawfully stayed etc

Any thoughts?

[Maliksabour]

Sat on the last bench in the waiting room at Liverpool PEO after being refused to progress my application in person.

Heres the background

HSMP 24 Aug 2007 - 24/8/2009
TIER 1 Application sent 20th Aug 2009,
Invalid letter with return application 14th sep 2009 (forgot to send police registration)
Resubmitted on 8th oct,2009 T1 granted 31/10/2009 unit 31/10/2012

Today i am here for ILR after 5 years... But unfortunately its not going to happen, as period between 24/8/2009 & 8/10/2009 is unlawful...

The officer suggested i send my application by post explaining why i have not lawfully stayed etc

Any thoughts?

My status is same as yours, I have invalid application cos of photographs and I am applying through solicitor, will update you once I have any answer from HO.
Keep posting...........Thanks

[UK2013]

I have a the same problem. does anybody know the results of Malik's ILR application?

Please update me in this regard.

UK2013

malik ,

did you hear anymore from your solisitors about the gap for once invalid application . what is your situation now . pls update so i would be sure of my fate

[FMB22]

i also want to know the out comes of malik,s application caz i have same problem.

[Maliksabour]

I have not heard any thing yet from HO,
its almost 5 and half months