How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

My Set O application (10 years residency) with dependents husband

This answer was rated:

My Set O application (10 years residency) with dependents husband and 19 months child was refused due to 91 days gap(28 Oct 07 – 30 Jan 08). I made the FLR (IGS) application before my student visa expired and did not receive the refusal until 01 December 2007. It was not the fault on my part as the post was returned undelivered to the UKBA and I was notified by UKBA by phone. It was then redelivered to my address on the 01 December 2007. I immediately sought legal advice from Solicitors upon received the refusal. My legal representative did not appeal but had made 2 attempts for reconsideration, i.e: 08 December 2007 and 27 December 2007 but to no avail.
After that I made a new student application and was granted further leave to remain in the UK. I do not have right to appeal as I still have valid student visa until Sep 2013. Please advice what options do I have. Thank you.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

What was the date on the refusal letter?
Did you clarify this gap in your most recent application for settlement?

Kind regards
Customer: replied 3 years ago.

3 June 2013.

Yes the covering letter was sent. The refused letter also states that in the view of explanation Secretary of State is not prepared to exercise his discretion.

Thank you for your reply.

In respect of refusing your visa, the home office do allow discretion to be exercised and over look your gap if it is more than 28 days between any one of your applications. Gaps of less than 28 days are overlooked and usually discretion is always exercised.

In respect of your matter as the gap was more than 28 days, the home office would want evidence that there were exceptional circumstances in respect of you submitting the application late, which would allow them to exercise discretion.

The immigration officer would always discuss the use of discretion with a senior caseworker. They must be satisfied the applicant has acted lawfully throughout the whole 10 year period and has made every effort to obey the Immigration Rules. The decision to exercise discretion is not taken without consent from a senior executive officer (SEO) or equivalent.

The immigration would usually grant the application if an applicant:

• has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days, and
• meets all the other requirements for lawful residence.

The immigration office can use their judgment and use discretion in cases where there may be exceptional reasons why a single application was made more than 28 days out of time. For example, exceptional reasons can be used for cases where there is:

• a postal strike
• hospitalisation, or
• an administrative error made by the Home Office.

An applicant has a single gap in their lawful residence due to submitting an application 91 days out of time. The applicant has provided a letter from the post office or the delivery service that the decision was not posted to them in time, and also a letter from the home office confirming that a telephone call was made during this period and that the application only received the decision very late.

This would be sufficient as applicant has proved there were exceptional reasons for the late application and has tried to maintain lawful residence throughout the rest of the 10 year period.

If the home office did not reply to the reconsideration then , it would seem that they have upheld their decision and did not believe that you have provided enough evidence that there were exceptional circumstances preventing you from submitting the application within the required 28 days.

Unfortunatley in this case it does seem that the home office has deemed this delay in applying as breaking your 10 year long residence and therefore would would now have to accumulate the 10 years again starting from the date in which your leave was granted after 2007.

You can write to the home office asking them to reconsider, but as as already mentioned you would need to provide documentary evidence to back up your claim that you were delayed due to an exceptional reason.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your reply. If I have any further query can I come back to you.?

Thank you for your rating.

Of course I will be more than happy to answer any of your questions. Please ensure that you write on them FAO UK LAWYER or request me through my profile.

Kind regards

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Clare's Avatar



    Satisfied Customers:

    family solictor with 25 years experience
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor