I guess it depends on the case worker and the BHC. It may also depend on whether the funds have magically appeared in the last three months or whether the applicant/sponsor has a steady and consequential income stream. What issues arise from this ? I know of instances where the applicant (already i...

Thanks for the link Jes2jes. Very helpful and I appreciate your effort.

Please help me clarify the following questions: SECOND AND SUBSEQUENT APPLICATIONS 3.1. Applications lodged during the currency of limited leave If two or more applications are made during the currency of substantive leave to enter or remain and are undecided, they should be decided at the same tim...

I doubt you would need to show money for the full years upfront. My experience is that if he can show there is enough to cover the current tuition / board for enrolment for this year as well as substantiate his ongoing income she should be fine. If she is going to live with family here then this may...

I am in a similar situation to yourself, the difference is i have lost the original passport i came to the uk in and had to send in alternative proof, i also had a copy of my SAB, the interesting bit is that on both occasions when i had leave to remain given to me at the airport in 97 and 98 there ...

Thanks Vinny, As always very relevant information. So from the document you referred me to, section 3C comes into play only after leave expires and the application is still undecided by BIA. So the relevant part of that document then is: 3. SECOND AND SUBSEQUENT APPLICATIONS 3.1. Applications lodged...

I have a pending 10 yr long residence application. There is an issue of a one-month gap. When I last checked on this application I was informed that the application is “awaiting further considerationâ€

netacct wrote: If there is more than 3 months gap then the decision is at the discretion of the officer.

Thanks in advance
Sachin

What influences this discretionary power ?

I can't find the section that says what application from what month they are currently working on.

Catlover,

Can you give us an update as to your case ? Are you appealing ?

I think your solicitor is right. You do have a decent chance on appeal, so long as it's prepared carefully and presented well. But it depends on the judge. What would be the basis for the appeal ? She couldn'tt argue that the Home office misaaplied the rule ? I would love to hear some ideas as to t...

Thanks once again everyone for your help. I'll be leaving soon. I booked my flight. I was gonna say its best not to fly. Go via Euro star out of UK then connect to your next destination. Some of the replies to your question were quite unnecessarily judgemental. Good on you for completing your educa...

I certainly think Home Office insisting that someone has a valid visa for this country when they are not even in this country is nothing more than a trick, a ploy to get numbers down. You will never meet any person in the street and ask them how long have you lived in this country and they will say ...

Thats good info vinny but what about judicial review is that the same as an appeal? In the abscence of appeal right can there be a judicial review? The document you referred me to seems to suggest there is. The Purpose of Judicial Review While the Immigration and Asylum Act 1999 provides for appeals...

kg1983 wrote:

Agreed, I have been following Daily Mail stories on immigration for quite some time - usually xenophobic and at times i feel as if they make up stories.

What do they get out of running stories like that ? Why do they do it ? Are the writers and editors dearly beloved ?

Tammi In Australia, for example, there are no 7, 10 or 14 years rule or any concessions like these. I would say that this country has the model immigration system, so simple and transparent. This is why it works so perfectly. The Australian Migration Act gives powers to the indefinite mandatory det...

Sucks. So back to square one then. If there is a gap there is a big problem. So applicants who are refused on the gap - what basis is there for an appeal. That the new interpretation undermines the original aim of the concession ?

2.1.3 Time Spent Out of the United Kingdom Continuity of residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question. Subject to that, continuity shall not be considered to have been broken ...

Under the Rule, a period of absence associated with no taint of illegality is not considered to break the continuity of residence.

That can't be right. BIA clearly says that if your visa expired abroad and you re-enter on a different visa then continuity of residence is broken.

Yeah so what does that mean though ? Is it not the case that BIA have now removed the concession. The internal guidance says: Until April 2003 there was no provision in the Immigration Rules for a person to be granted indefinite leave to remain on the grounds of long residence. The long residence co...

Valuable piece of information vinny. Thanks.

Please keep a copy of this determination and include if possible. But make sure that any breaks and breaches are taking care of before applying. Good news indeed! :roll: :lol: How do you take care of them ? You mean explain them away? The judgement you cite is that something new? As I understand if...

I'm on Rover's side here, I can't see the logic of granting ILR to students, basically because a student visa is not a visa that is issued for a purpose leading to settlement. The sooner the HO shut this door the better. It's patently obvious this route is abused, being realistic who can be a stude...

b2b wrote:Hi all,

Anyone given ILR on similar situation ???

B2b

So can anyone confirm then ? Is there anyone who has a gap and was given ILR anyway?

If someone has left the UK whilst on one visa, ie a working holidaymaker, and re-entered on another, ie a student, then this will constitute a break in residency and the application will be refused. There seems to be no discretion on this . Victoria Why is the Home Office so strict on these points ...