i have a gap in my 2+3yrs due to maintaince funds

[keramos]

hello everyone,

My turn to apply for ILR is a while away, but my situation kind off worries me a lot plus with all these changes it is even more disturbing and would appreciate if i could get some advice.

After my two years in HSMP i applied for an extension under Tier 1 (general), however it got rejected due to maintaince funds. Please see the time line below and my post made couple of years earlier describing my experience Titled : Tier 1 (General) Extension under 28 day Concession:

Timeline:

Applied for extension of leave to remain under Tier 1 (General) : 1st July 2009

Application rejected on 6th Aug 2009

Appealed on 14th Aug 2009

Appeal withdrawn on 27th Sept 2009

Home Office Reconsideration Rejected on 29th Sept 2009

Submitted fresh application 19th Oct 2009

Extension Granted under Tier 1 (General) 9th Nov 2009 for 3 years

Therefore between 6th August 2009 and 19th October 2009 there was a gap but it was under lawful stay.

Would this gap of 2 months 15 days pose a problem for me when i eventually apply for ILR

Thank you in Advance.

[geriatrix]

IMHO:

The period between 27-Aug-09 (the day you withdrew your appeal) and 09-Nov-09 (the date you were granted leave to remain) is the period where your stay was not legal.

The debate you refer to in the linked topic above, in column 97-98, refers to "acceptance of an out-of-time application submitted within 28 days of the applicant becoming an overstayer to be assessed under the PBS rules under which such an application is made" - which isn't the same as meaning that the 28 day period in question becomes legal (in my opinion).

And, in such case that I understand the statement correctly, the requirement (for settlement as a PBS migrant) that "the applicant must have spent a continuous period of 5 years Lawfully in the UK" is not be met.

AIUI, a period of overstay resets the ILR count, even if an out-of-time application is subsequently approved.

Perhaps members who are legal experts can correct me and provide a definite answer to your query.

[xyz123]

Did you have any other valid visa (e.g. student, PSW etc) between 6th August 2009 and 19th October 2009.

[keramos]

Thank you for your response,

I really appreciate it, answering xyz123's question no i did not have any other valid visa at that point as my visa was just rejected and it was then sent for an appeal (please see timeline).

Would it be better for me to apply for extension (under the new rules) once the renewal date approaches?

Should i refer to a lawyer for further advice? i am aware i have another year to go but i perfer be a bit better informed.

Your help is very much appreciated, thank you.