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Applying for ILR LR....visa gap

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

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying for ILR LR....visa gap

Post by secret.simon » Mon Aug 10, 2015 12:22 pm

Be sure to include all the evidence from 2000 till date.

It may also be worth filling in two copies of the applications; for 2000-2010 and from 2005 till date.

The links in Vinny's post just above suggests that I was wrong in my earlier advice and that your wife may already have earned ILR in 2010. Read the links carefully and as mentioned above, include all the evidence from 2000 till date.

Best of luck for your application and keep us posted.

violetta
Newly Registered
Posts: 28
Joined: Fri Jul 17, 2015 1:55 pm

Re: Applying for ILR LR....visa gap

Post by violetta » Tue Aug 11, 2015 3:08 pm

She got it. So happy right now.

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Re: Applying for ILR LR....visa gap

Post by quantum1 » Tue Aug 11, 2015 7:44 pm

secret.simon wrote:She is unlikely to be deported if she has current leave to remain.

I disagree with quantum1. To the best of my knowledge, for ILR, it is the most recent 10 years (10 years going back from the date of the application) that count.

I believe that s/he is confusing it with the rule for PR for EEA citizens, which requires any five continuous years of exercising treaty rights.

The major difference of course is, PR Is acquired automatically when the EEA Regulations are met. ILR is granted by the UKV&I.

As for the cover letter, it sounds good. Essentially put down what you have put down in this thread about why she should be given ILR. Just don't make it too long :) A letter, not a thesis.
If you read the rules and the guidance the requirement is for 10 yrs continuous lawful residence. There is no requirement abt when the 10 yrs occurred. Further the guidance explicitly states
Once an applicant has built up a period of 10 years continuous lawful residence, there is no
limit on the length of time afterwards when they can apply. This means they could leave the
UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10
year period of continuous lawful residence they built up in the past.
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

quantum1
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Posts: 304
Joined: Mon Oct 17, 2011 5:31 pm

Re: Applying for ILR LR....visa gap

Post by quantum1 » Tue Aug 11, 2015 7:46 pm

violetta wrote:She got it. So happy right now.
There was no doubt
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

violetta
Newly Registered
Posts: 28
Joined: Fri Jul 17, 2015 1:55 pm

Re: Applying for ILR LR....visa gap

Post by violetta » Tue Aug 11, 2015 10:02 pm

Thanks so much for all your help, everyone.

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