Gap during extension of tier 1 due to invalid application

[rneeta]

Hi,

I came to UK in April 2008 however visa was issued in Feb 2008. when I applied for extension in 2010. UKBA returned my application saying that I did not use the correct form for dependent ( the form was changed on the day they received application as i send though currier it became invalid the day they receive ). application came back, after visa has expired money refuned. I applied again next week and got our visa extended till march 2013. I have two questions for ILR

1. whether I will be able to apply for ILR in Jan 2013 as I enter UK within 90days of the entry clearance? Modernising guidance says case worker may count for counting 5yrs period. has this been the case?

2. as we stayed beyond visa expired date (sort of overstay). it appeared as a gap in lawful stay? will that affect my ILR or not? very confused either try for ILR or go for another extension again? if some of you are also in similar situation, your experiences and thoughts will be highly appreciated

[vinny]

when I applied for extension in 2010. UKBA returned my application saying that I did not use the correct form for dependent ( the form was changed on the day they received application as i send though currier it became invalid the day they receive ). application came back, after visa has expired money refuned. I applied again next week and got our visa extended till march 2013.

34I was applicable. Therefore, question why it was declared as invalid.

[rneeta]

Thank you very much for this Vinny. Did that rule come recently or was in place in Jan 2010 also?

[vinny]

It was in place in Jan 2010 also.