short gap between applications (long residence)

[zchay3e]

I am submitting this query on behalf of a friend who does not have access to this forum. Basically, he has accumulated 10 years in the UK and wonders whether he had a break in 2003. His visa expired on 23.04.2003, which he didn't know, and only discovered this on 01.05.2003. He then contacted the home office and was given an appointment to renew the visa in person on 06.05.2003. Now does this gap exceed 10 days (is the gap between 23 Apr to 01 May or between 23 Apr to 06 May). Would discretion be exercised?

[geriatrix]

23-04 to 06-05, if he was granted leave on 06-05.
Else, from 23-04 to the date of issue of new leave.

[zchay3e]

23-04 to 06-05, if he was granted leave on 06-05.
Else, from 23-04 to the date of issue of new leave.

He was granted leave on 06.05.2003. Now that is a 13 day gap. Would this break his 10 years?

[zchay3e]

23-04 to 06-05, if he was granted leave on 06-05.
Else, from 23-04 to the date of issue of new leave.

Would you please clarify whether this actually breaks the residency?

[geriatrix]

It breaks "lawful residence".

See also Long residence (276A - 276D).

[hondo1]

I had a year and half gap and still got settlement.
ask him/her to write an explanation why and also highlight that some of the 13 day where not working days (long short) but it will help in cuting the days.

Also have good bank staements, good character support letters, basically have everthing else in order.


Saul

[zchay3e]

It breaks "lawful residence".

See also Long residence (276A - 276D).

I have another query following on this. My friend went to see a solicitor who did confirm that this is a gap He advised him to apply but there is no guarantee of success. My friend then did discuss the option of PSW visa, for which he will be eligible in March, but as he is currently on a student visitor visa, he will need to leave the UK to apply for this. The solicitor did not seem very confident, but did tell my friend that should he leave the UK whilst on a student visitor visa, his long residency will have been broken as this will be deemed as leaving the UK with no intention of coming back (regardless of whether he gets his PSW visa or not). We are really concerned about this, and would appreciate your opinion on this. Does leaving the UK whilst on a student visitor visa break long residency (PS my friend has been on a student visa then tier 4 for 9 years and a half, but reverted to student visitor in the last six months)

[zchay3e]

Any replies? advice? Anyone ?

It breaks "lawful residence".

See also Long residence (276A - 276D).

I have another query following on this. My friend went to see a solicitor who did confirm that this is a gap He advised him to apply but there is no guarantee of success. My friend then did discuss the option of PSW visa, for which he will be eligible in March, but as he is currently on a student visitor visa, he will need to leave the UK to apply for this. The solicitor did not seem very confident, but did tell my friend that should he leave the UK whilst on a student visitor visa, his long residency will have been broken as this will be deemed as leaving the UK with no intention of coming back (regardless of whether he gets his PSW visa or not). We are really concerned about this, and would appreciate your opinion on this. Does leaving the UK whilst on a student visitor visa break long residency (PS my friend has been on a student visa then tier 4 for 9 years and a half, but reverted to student visitor in the last six months)

[2012]

It breaks "lawful residence".

See also Long residence (276A - 276D).

I have another query following on this. My friend went to see a solicitor who did confirm that this is a gap He advised him to apply but there is no guarantee of success. My friend then did discuss the option of PSW visa, for which he will be eligible in March, but as he is currently on a student visitor visa, he will need to leave the UK to apply for this. The solicitor did not seem very confident, but did tell my friend that should he leave the UK whilst on a student visitor visa, his long residency will have been broken as this will be deemed as leaving the UK with no intention of coming back (regardless of whether he gets his PSW visa or not). We are really concerned about this, and would appreciate your opinion on this. Does leaving the UK whilst on a student visitor visa break long residency (PS my friend has been on a student visa then tier 4 for 9 years and a half, but reverted to student visitor in the last six months)

1. If he leaves the UK with a valid student visitor visa and comes back within six months with a new visa then the long residence rule is not broken.

[fiazpk]

It is soon going to be 10 years since I have lived in the United Kingdom, and I wish to find out if I am eligible for Indefinite Leave to Remain,

All my visa extensions have been well in advance of their expiry except one,

where my first student visa expired on 13/07/2005 and I posted my student visa application two days later on 15/07/2005 as especial next day delivery and confirmation of receipt of my application was issued on 28/07/2005 and student visa was issued on 16/08/2005,

It seems there is 14 days gap including weekends between my visa expiry and receipt of visa application was issued at stated on home office letter head,

Do i have to mention this 2 days gap in the following question, on ILR Application

D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave?

I would be very grateful, if you could access my situation and confirm if I am eligible for ILR application,
Regards,
Riaz

[rosevilla]

I got refusal on my 10 years long resident visa application, please can you send me details, how do i go for HM courts & tribunal service, My current Tier 1 General visa valid until 2016 jan and appeal right did not mention on refusal letter.if you have any solicitor dealing with this kind of issues please send me , In my application I was applied on time application on 15/10/2007 and Home office has sent me refusal letter 21/02/2008 with refusal, and I have applied again as fresh application on 14/03/2008 that was within 28 days and Home office granted visa ,but when I applied 10 years long residency , HO mention I have 170 days gap that was including the date applied in 2007 and second decision on 23/04/2008. they calculated time when the application with HO , That is really unfair .really appreciate your reply

[Mikeobi]

I do have the same problem just that I haven t applied yet. In my case they could not collect the money twice from my account on the same occasion. They granted me discretionary leave and it has been nearly 13 years I am now here. I intend to apply for the 10 years rules but the period between the time they grant the last leave and the new was 321 days. They only issue me a notice of invalid application after 9 months, I did reply 16 days after and it came back again as invalid for payment default. I reapplied again after 18 days through a lawyer and was granted the discretionary leave. I am just crossing my fingers but if someone went through this and was successful I just hope the person will share his experience

[rdin]

What date did your visa expire?

I got refusal on my 10 years long resident visa application, please can you send me details, how do i go for HM courts & tribunal service, My current Tier 1 General visa valid until 2016 jan and appeal right did not mention on refusal letter.if you have any solicitor dealing with this kind of issues please send me , In my application I was applied on time application on 15/10/2007 and Home office has sent me refusal letter 21/02/2008 with refusal, and I have applied again as fresh application on 14/03/2008 that was within 28 days and Home office granted visa ,but when I applied 10 years long residency , HO mention I have 170 days gap that was including the date applied in 2007 and second decision on 23/04/2008. they calculated time when the application with HO , That is really unfair .really appreciate your reply

[insearchof]

hi guys,

I have a friend who has experienced the same problem. She had a 79 days gap but she was not even aware of it until she got refused on 10 years ilr application. So I would suggest you guys is to get an SAR before you apply for ILR. For those who does not know, SAR is a set of records which gives you all the details of all the applications you have made with the home office. So, you can easily assess that where was the gap and if you have even a slightest doubt on a gap, please do write a covering letter explaining what happened .....me and my partner, we missed this point and today we are nowhere.....so get your SAR which will cost 10 pounds i think and 4 weeks...better to cover every aspect rather regret later....hope it might help somebody
thanks

[masha]

Hi guys

Today i got the bad news of refusal on the grounds very similiar to yours. My application was refused that i broke my lawful residence for 124 days. They calculated my timeperiod when my previous appeal right was ended. did any one applied for appeal what happend?
any advices on appeal matters, As one of you have advised i have got the copy of SAR i sent them the cover letter as well. but still they refused.please advice me
thanks

[truman]

Hello
I came in UK 30-09-04
My current leave is due to expire on 01-11-14
Throughout my stay I was on student visa
In 2009 I applied one of my extension late which was 87 days
I have provided UKBA medical letter from a homoeopathic doctor, on the basis of this they gave me extension
After that time to date I got medical history of same problem with my GP
I obtained SAR which says "out of time"
Please advise me what are the chances for ILR, Also do they allow appeals?
Please let me know if need more information
Thanks

[sayyarahsan]

Hi There ! I am new here ! My queries are I am short of 3 months from 10 years long residency application so how can I cover the gap or by making what kind of applications I can buy more time to reach near 10 years ! Can I still apply 28 days before 10 years ? please advise. Thanks in advance !

[immigrant2015]

Dear All
i have also asked the smae question on Am i Eligible section of this forum and apologize for taking space here
but i would appreciate if some one could help me out please :

i HAVE 31 days GAP in between my visas ( Student 2004- 31 day legal stay gap 2009 - Student - 2011 PSW - 2012 EEA family member )
during these 31 days i had been fully in contact with HO

what are hte chances of me being granted a ILR on LR bases -

any answers suggestions or questions will be much appreicated

Regards

[vinny]

Dear All

i am posting my topic on this board hoping to get some answers to my questions - answers to which seem to cost around £350 + from consultants -

i have been in UK since September 2004 - and had Student VISAs to PSW to EEA Family member

only matter of concern for me ( before spending money on SET LR is below )

i have a gap in my visa of 25 Days

My visa history is as below :

STATUS Valid from Valid til

Student 30-Aug-04 30-Sep-05
Student 01-Sep-05 31-Jan-07
Student 02-Feb-07 30-Nov-08

PSW Rej'td 09-Dec-09 PSW Application rejected
Rep1 appealed 17-Dec-09 Appeal submitted againt PSW Refusal
Letter to HO by Rep1 26-Jan-09 that he is no longer acting on my behalf
HO 06-Feb-09 Appeal Dismissed by HO
Appeal rights 16-Feb-09 Appeal rights Exhausted
HO Letter 23-Feb-09 asking to depart by 27-02-09
letter to HO by Rep2 09-Mar-09 explaining misconduct by Rep1
Letter to HO by MP 13-Mar-09 explaining misconduct by Rep1
New Application 20-Mar-09 Resubmitted to HO

Student 03-Aug-09 30-Jun-11
PSW 27-Jun-11 27-Jan-13
EEA 04-Dec-12 04-Dec-17

Hoping to Apply for Indefinate but need to know if having a gap of 25 days from home office letter Issue date and re submission of application will cause an issue for ( same day ) ILR Visa ?

thoughts and suggestions would be much appreciated

Regards

If you have a gap of over 28 days, then a Long residence application is unlikely to succeed.

[immigrant2015]

Thanks Vinny for your reply -
i have managed to dig some paper work out and - and i think what might work in my favour is that -

1- my PSW appeal was rejected solely on FUNDS bases - After refusal i appealed through a Solicitor who pushed me to get a fake statement from abroad which i refused and he withdrew my appeal without informing me and wrote to court that he is no longer acting on my behalf -
i found this out a day before the hearing when i rang this solicitors office to confirm - only to be told that he is on holiday -
"and what about my hearing tomorrow" i asked and was told - that was withdrawn - "by who" ? i asked but did not get straight answers from the lady.

2- I then went to our Local MP and submitted a complaint against solicitor and asked if MP could write to HO on my behalf (which he very kindly did) and i was allowed to submit STUDENT VISA extension and not the PSW

3- in 2010 a Judgement was passed by Court of Appeal in SSHD v PANKINA [2010] Civ 719 which meant that any PSW applications that were rejected before a certain date "concluded purely on lack of funds" are to be reviewed by HO.

4- THANK GOD - it was brought to my attention and i re-submitted my PSW application on May-16-2011 and was GRANTED PSW in June 2011 -

POINTS TO CONSIDER

1- After Pankina HO rectified their own error in judgement and rectified it by allowing reviews of applications - its because of that ERROR or say "inconsistency in system" plus Solicitors misconduct - that landed me to position to overstay my VISA by 32 days ( during which time i had been continuously been in touch with HO - even when i got a letter saying that my details will be passed on to Law Enforcement Agency if i do not leave - I rang HO and advised them of what i was intending to do - the lady at the other end of the phone ( being very nice and understanding) advised me that they will delay passing my details on the date by 7 more days- during which time they should have recieved my application.

IN LIGHT OF ALL THAT AND SINCE I HAVE BEEN IN UK for OVER 10 YEARS - can i apply for SET LR ?

Any thoughts/comments/questions are most welcome

[Fea10]

Hi there, I am writing first time on this forum. I applied for EEA residence card last year but my application was refused on the basis that my EEA partner employer couldn't confirm her job. However the employer said that he didn't receive any phone call. We appealed on that decision whose hearing is in march next year. I came to the UK in Jan 2006. My question is can I apply for ILR under long residence or not? Someone told me if you marry EEA national you can't apply ILR on 10 year basis !!! Is that true ?????

[Fea10]

Dear All
i have also asked the smae question on Am i Eligible section of this forum and apologize for taking space here
but i would appreciate if some one could help me out please :

i HAVE 31 days GAP in between my visas ( Student 2004- 31 day legal stay gap 2009 - Student - 2011 PSW - 2012 EEA family member )
during these 31 days i had been fully in contact with HO

what are hte chances of me being granted a ILR on LR bases -

any answers suggestions or questions will be much appreicated

Regards

Hi there, I am writing first time on this forum. I applied for EEA residence card last year but my application was refused on the basis that my EEA partner employer couldn't confirm her job. However the employer said that he didn't receive any phone call. We appealed on that decision whose hearing is in march next year. I came to the UK in Jan 2006. My question is can I apply for ILR under long residence or not? Someone told me if you marry EEA national you can't apply ILR on 10 year basis !!! Is that true ?????

[vinny]

No. It's false.

[Fea10]

No. It's false.

Thanks Vinny.

[Aditi12]

Thanks Vinny for your reply -
i have managed to dig some paper work out and - and i think what might work in my favour is that -

1- my PSW appeal was rejected solely on FUNDS bases - After refusal i appealed through a Solicitor who pushed me to get a bad quality statement from abroad which i refused and he withdrew my appeal without informing me and wrote to court that he is no longer acting on my behalf -
i found this out a day before the hearing when i rang this solicitors office to confirm - only to be told that he is on holiday -
"and what about my hearing tomorrow" i asked and was told - that was withdrawn - "by who" ? i asked but did not get straight answers from the lady.

2- I then went to our Local MP and submitted a complaint against solicitor and asked if MP could write to HO on my behalf (which he very kindly did) and i was allowed to submit STUDENT VISA extension and not the PSW

3- in 2010 a Judgement was passed by Court of Appeal in SSHD v PANKINA [2010] Civ 719 which meant that any PSW applications that were rejected before a certain date "concluded purely on lack of funds" are to be reviewed by HO.

4- THANK GOD - it was brought to my attention and i re-submitted my PSW application on May-16-2011 and was GRANTED PSW in June 2011 -

POINTS TO CONSIDER

1- After Pankina HO rectified their own error in judgement and rectified it by allowing reviews of applications - its because of that ERROR or say "inconsistency in system" plus Solicitors misconduct - that landed me to position to overstay my VISA by 32 days ( during which time i had been continuously been in touch with HO - even when i got a letter saying that my details will be passed on to Law Enforcement Agency if i do not leave - I rang HO and advised them of what i was intending to do - the lady at the other end of the phone ( being very nice and understanding) advised me that they will delay passing my details on the date by 7 more days- during which time they should have recieved my application.

IN LIGHT OF ALL THAT AND SINCE I HAVE BEEN IN UK for OVER 10 YEARS - can i apply for SET LR ?

Any thoughts/comments/questions are most welcome

My situation was exactly the same as yours psw rej in 2009 solely on maintenence etc etc. My lr was refused Jan 2016 without a slightest discretion from ho. Only thing I wasn't too aware about pankina ; I read it quite late n I had already sorted out my different visa route. Have you filed your application yet?