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10 year long residence ILR, gap problem, please HELP!!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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pluto777
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Posts: 4
Joined: Wed Mar 28, 2012 3:26 pm

10 year long residence ILR, gap problem, please HELP!!

Post by pluto777 » Fri Mar 30, 2012 2:07 pm

I will be eligible for applying ILR based on 10 years long residence by 4th Apr and I have acquired documents from Home Office through SAR (Subject Access Request)

One of my previous app may have problem

I submitted my student visa extension app on 15th Feb 2008 (before my student visa expire on 28 Feb 2008) through ‘student batch scheme’ provided by University International Office. Because I forgot sign and date my application, the application was returned in March requiring me to sign and date it within 28 days. I did as required and the application was finally approved on Apr 2008.

From the documents I got through SAR. One doc shows that my application raised date was 15 Feb 2008, the outcome was ‘REJECT’ and the outcome date was 4th March 2008. Then the next record showed another raise date was 18th March and the outcome was ‘GRANT’ on 4th Apr

However, the documents also include a copy of the letter requiring me sign and date my app as

”…..
You have not signed and dated the application form as specified in the Declaration section of the form

We are therefore returning your application to you. In order to ensure that your application proceeds, you must return the application using the enclosed return address label. If you do not return you application within 28 days in a manner that complies with all the above-mentioned requirements, the application will be invalidated and the fee (if any) will be refunded.
…..

Since there was no fresh application or fee refund involved, I think the app should be counted as valid in-time app. The Home Office letter was dated as 4th March and my app resubmitted on 18th March which is within 28 days.

And interestingly, on the copy of the Home Office letter, there was a hand writing : ”signed & dated by the student”. I can only assume this was written by Home Office caseworker or someone in the International office of my University

Besides, the records in University only shows I submitted my app on 15th Feb 2008 and it was granted (I got a letter from University). They don’t even have any records about when the app was returned and when it was resubmitted after I sign and date it.

So the problem is there are evidences (the letter from Home Office and University) indicate the app was a valid in-time app, and also evidence (the ‘REJECT’ and 2 raised dates) implies invalid and a new fresh app.

I am worrying about if this will be counted as a gap, Anyone can help please?

Besides, The new policy will apply on 6th Apr and I haven’t seen any change on the policy of long residence ILR apart from the application fee. I am now holding a Tier1 (Post-study Work) visa and still haven’t got a job offer yet. I am wondering shall I
1, submit the app before 6th Apr to avoid any changing policy which may affect my long residence ILR app? or
2, submit my long residence app after I got a job offer and provide the offer as supporting evidence?

Thanks in advance!!!

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Mar 30, 2012 2:23 pm

Probably not a gap.
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