ILR-10 YEARS BASIS FOR MY PARTNER

[insearchof]

Hello everybody,

I am new to this forum but I really like it as a place where people with the same problems can share the information and it is very helpful. Anyways, today I would like to discuss my partner's case who applied for ILR on the basis of 10 years. Case facts are as follows:

-She applied for ILR in December 2013 and got the refusal in April 2014. The refusal grounds as usual similar to other people I have seen here which is the break in the continuous residence. UKBA said that there was a break of 79 days during 2004-05. They saying that she had a valid leave to remain till 30/12/2004 but she stayed in breach of immigration laws for a period of 79 days and applied on 19/03/2005(ukba so innocent that they gave the visa without realising she over stayed).

Anyways, after the refusal, we applied for the SAR which shows all the history u have got with UKBA and gives u the details of all the applications u have made with them. Surprisingly, in SAR we were able to find a an application form which has been stamped as received by Home Office and date on it is somewhere before 30/12/2004(because the copies are blur,although i cant read the date but i can clearly see the year and month). On the top of it, there is another application made on 19/03/2005 as well which is the same day application and my partner was granted the LTR. So, that application form stamped as received in dec 04 has no other details.

I would really appreciate if somebody know what should we do in this situation because I intended to apply as an unmarried partner if she would get ILR but now the situation is very critical as both of us do not know what to do and our visas (PSW) are expiring in August 2014.

Please advise. I would really appreciate your help.
thanks

[Universal soldier]

your partner need to remember as why that gap of 79 days occurred during 2004-2005, whether the application returned due to payment problem/old form/unacceptable pictures or rejected due to not meeting some requirements. If you write the exact reason then someone can help because based on your current information nothing is clear.