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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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The period of my first Tier2 general Visa was 08 July 2009

Customer Question

The period of my first Tier2 general Visa was 08 July 2009 to15 Aug 2012.
Second extention tier2 is 12 Nov 2012 to 4 Oct 2015.

I used wrong appication form which is called "APPLICATION FOR A GRANT OF LEAVE AND BIOMETRIC IMMIGRATION DOCUMENT- APPLICATION FOR A TIER 2 SINGLE EXTENSION OF STAY UP TO FIVE YEARS IN THE UK"

Home office let me know that I need to re-apply the visa with correct form. The thing is when I received the letter, It had been already two months past and a month from my first visa expiry.

I hurried and get the second visa anyway, but the result is there is a big gap between first and second visa.

I really worry about I am still able to apply and get the UK permanent resident visa next year.

Please answer me whether this is big problem and if it is matter, advice me what to do.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

How many days gap is there between the first and second visa?

How many days after the expiry of the first visa did you lodge the correct application?

How long have you lawfully been in the UK so far?


Customer: replied 3 years ago.


1. From 16/8/2012 to 12/11/2012. Nearly two months


 


2. I applied the Visa 17/7/2012 and rejected on 05/9/2012(Received the home office letter on 10/9/2012)


 


17/9/12 a week later from the home office letter, I posted the corrected application form and get the Visa next month.


 


3. I have lived in UK since Aprin 2006.


 


a. First Visa: 02/04/2006-30/06/2007 Student


 


b.Second: 27/06/2007-31/5/2008 Student


 


c. Third: 28/8/2008-30/6/2009 Student


 


d. Forth: 08/07/2009-15/8/2012 Tier2 Work Permit


 


e. Fifth: 12/11/2012-04/10/2015 Tier2 Work Permit


 


Gap between b and c: Home office requiered some more document.


 


Gap between c and d: I applied Tier2 visa just before expiry of c student visa.


 


Gap between d and e: as explained above.


 


Even thought there are three gaps in my full visa history, I've never stayed in UK illegally.


 


Should you have any questions, please let me know.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The first 2 gaps should not be of concern as you were protected by S. 3C of the Immigration Act 1971 which treated your previous visas as continuing until your new visas were issues.

The main cause of concern is the third gap which was caused by you sending the incorrect form. Technically, the gap means that you have not spent 5 continous years in the UK.

However, the Home Office may exercise discretion in your favour and grant you indefinite leave to remain in the UK after you have spent 5 years in the UK from the date you first received the tier 2 visa i.e. 5 years from 8.7.2009= 8.7.2014.

You should send a covering letter explaining the gaps i.e. the first 2 gaps were in time applications and protected by S. 3C as explained above and that the 3rd gap was caused by you sending in the incorrect form and that you rectified the error as soon as you were notified of the same by the Home Office.

As you have only got the 1 gap of concern, I should think the Home Office may grant you ILR in 2014.

All the best-please leave feedback

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