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SET (LR) application - Urgent help needed please

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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ann771
Junior Member
Posts: 67
Joined: Fri Dec 07, 2012 3:00 pm

SET (LR) application - Urgent help needed please

Post by ann771 » Fri Sep 05, 2014 6:35 pm

Hello members,

I need your help on behalf of a friend who is submitting SET (LR) application next week. My friend most likely had a gap in long residency and is preparing for a covering letter. Now, just noticed that the SET (LR) guidance which used to be available online is not available anymore (here is a link to where he got the printed version from: https://www.gov.uk/government/publicati ... ivate-life ).

He does have a printed copy of the 'Guidance - Long Residency and private life - version 11.0' and there are few notes that he can refer in his covering letter. Referring to these notes will make his application stronger. My question is:

Can he use quotations/ notes from this document in his covering letter (given it is not available to download anymore)?

Many thanks
Ann

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: SET (LR) application - Urgent help needed please

Post by Obie » Fri Sep 05, 2014 7:56 pm

Provided gap is in conformity with the rules, your friend will be fine.
Smooth seas do not make skilful sailors

ann771
Junior Member
Posts: 67
Joined: Fri Dec 07, 2012 3:00 pm

Re: SET (LR) application - Urgent help needed please

Post by ann771 » Sat Sep 06, 2014 3:12 pm

Really appreciate your quick response. 

Basically his story is:

Student visa was until 28 Feb 2009.
Extension application submitted on20 Feb 2009.
Application was rejected on 13 March 2009 due to incorrect payment details provided.
He reapplied on the 23 March 2009. Visa granted on 21 July 2009.

My questions are:

1) what period consists his total overstaying period?

A) 01/03/2009 - 21/07/2009
B) 13/09/2009 - 21/07/2009

2) Do you think following understanding is right?


Although the application consideration period (23/09/2009 - 21/07/2009) is part of overstaying period but that should be disregarded for ILR appplicants according to immigration rule 276B(v), which says application considersyion period should be disregarded.
276B (v), the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.
I would very much appreciate your and other respected guru's thoughts on the above questions.

Regards
Ann

ann771
Junior Member
Posts: 67
Joined: Fri Dec 07, 2012 3:00 pm

Re: SET (LR) application - Urgent help needed please

Post by ann771 » Sun Sep 07, 2014 9:14 pm

Respected gurus and other members,
Please can you help with the query below, would very much appreciate your help.
Many thanks
ann771 wrote:Really appreciate your quick response. 

Basically his story is:

Student visa was until 28 Feb 2009.
Extension application submitted on20 Feb 2009.
Application was rejected on 13 March 2009 due to incorrect payment details provided.
He reapplied on the 23 March 2009. Visa granted on 21 July 2009.

My questions are:

1) what period consists his total overstaying period?

A) 01/03/2009 - 21/07/2009
B) 13/09/2009 - 21/07/2009

2) Do you think following understanding is right?


Although the application consideration period (23/09/2009 - 21/07/2009) is part of overstaying period but that should be disregarded for ILR appplicants according to immigration rule 276B(v), which says application considersyion period should be disregarded.
276B (v), the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.
I would very much appreciate your and other respected guru's thoughts on the above questions.

Regards
Ann

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