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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello Thomas I came to the Uk on second sept 2003 as a student.

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Hello Thomas
I came to the Uk on second sept 2003 as a student. My previous visa was of PSW which expired on 23 June 2013. Before expiration I applied for FLRO to bridge the gap between PSW and completion of 10 years legal residency. I applied for FLRO 21 June 2013. Then on 8th of August (28 days before the completion of 10 years) I submitted ILR application.
Now today I recieved a call from my solicitors saying my application is invalid because of an older version of form. The date on the letter was 31 July and the solicitor claime to recieved the letter on 11 September. Please b kind enough to answer my question

Thanks for requesting me.

I cannot answer this evening. May I answer tomorrow morning? At 9am.

Kind regards


Are you solicitors saying that an incorrect form was used in applying for FLR(O)?

If so, did they prepare the application or did they check it before it was sent?

Kind regards,

Customer: replied 3 years ago.
Hi Tom,

The solicitor prepared the application and submitted it along with the passports and other supporting documents. The Home office letter that he received is dated 31st of July. The letter if invalidation claims that an incorrect version of form was used

So the solicitor downloaded the FLR(O) form and completed it themselves. You then relied on this.

Is this correct?

Kind regards,

Customer: replied 3 years ago.

Yes that's correct. I signed the form after he downloaded it

What is his explanation for the incorrect form being used?

Customer: replied 3 years ago.
He claims he has used the correct form. He maintains that it is the Home Office that has blundered. The solicitor claims that the Home Office has mixed my application with someone else's. the reference number and the case ID on the letter of invalidation is mine. I have checked that.

But he says he has received someone else's documents with the letter of invalidation. I haven't had my documents delivered to me. So I'm assuming my passports and other docs are still with the Home Office.

Okay. Thanks.

How is it that you applied for ILR before your documents (submitted presumably with the FLR(O) application) were returned to you?

Kind regards,

Customer: replied 3 years ago.
The solicitor varied the FLRO application by submitting further submitting documents and the SET LR application form
Okay. Drafting your answer. 5mins.

Customer: replied 3 years ago.

Thanks for your patience.

If the solicitor is correct in suggesting that the correct application form was used by him to apply and the UKBA have genuinely mixed two applications up then he should be able to sort it out.

You need to ask him how he has established that your application has been mixed up with another and how this has resulted in your application being rejected.

If it is the case that they have used your reference details with another applicant’s documents then your solicitor should be able to evidence this to them. I would expect – if the situation were as the solicitor says – that the solicitor would draft a detailed letter to them asking for a reconsideration:-

This is where the UKBA is asked to review it’s decision on an application and is suitable to be used where they have made a manifest error, as would appear to the case here.

You need to ask the solicitor to show you how he has come to the conclusion that the applications have been mixed up. Once he has you need to ask what their advice is as to how to remedy it; either by reconsideration or by appeal.

I would usually say go with the reconsideration if it is clear that the UKBA have made an error, however they can take a bit of time and you need to ask your solicitor what impact that might have on your rights to appeal.

Ultimately if you appeal within time and win the appeal then your leave to remain will be maintained and you should receive ILR, so it’s very important that you express that ILR is your ultimate goal here to you solicitor and ask them what you should do.

If it turns out that the solicitor used the incorrect form then you have a problem, but so does he because of the service that he has provided you with is not satisfactory. If when he provides his explanation to you about the UKBA mix-up you do not believe his explanation then you have to ask him to be honest with you because it is your status at risk. The UKBA’s position on mistakes by solicitors is that you are responsible, so that if a mistake is made by your solicitor and you suffer then you have no right to appeal on that basis because you instructed the solicitor.

If it comes to light that the incorrect form was used by the solicitor then you have to ask what he proposes to do about it. Solicitors are human, they will not feel very good about any error that they have made and the should (should) be eager to do something about it free of charge. Most likely you would forced to appeal and it’s possible that you might be successful but you would need your solicitor to act on your behalf and you should put it to them that it is their responsibility to attempt to remedy their mistake.

You have to have a face-to-face meeting with your solicitor and then move forward on the basis of what is revealed in the meeting.

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Kind regards,

Customer: replied 3 years ago.
Thanks Tom.

Can you please advise me on my status If my solicitor has used an Incorrect form my Post Study visa expired on 23rd June. The FLRO application was submitted before expiration of this visa. Will I have a gap in my 10 year legal residency? And if yes will the Home Office treat it as a gap of over 28days?

He letter of invalidity is dated 31st of July. The FLRO application was varied by submitting a SET LR form on the 7th of August.


It's an interesting question, actually.

If your applicaiton for FLR(O) was rejected then you would be regarded as being an overstayer.

Usually in long residence applications for ILR gaps of 28 days between consecutive grants of leave to remain are disregarded.

I note that your PSW expired on 23rd Juny and that your application for iLR was made on 7th August. You would have to argue that the gap should only be regarded as a less-than-28 day gap. The problem with this argument is that submitting an application for ILR is not the same as actually being granted further leave to remain.

It's the type of point I would probably expect the UKBA to reject your application on and force you to appeal. However, I would think that you have a fighting chance of getting an approval at appeal.

Please remember to rate my answer.

Kind regards,

Customer: replied 3 years ago.
Thanks Tom. Just a couple of more questions. Firstly does the period of overstaying start from the date of rejection or invalidity of application or does it start from the end of previous valid visa

I think you would be able to argue that it should be regarded as starting from the date of the letter advising that the application was rejected.

Please remember to rate my answer.

Kind regards,

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