Does anyone with a "Gap" get ILR?

[baffled]

First off, very useful forum, so thanks everyone. I've been in the
UK since 1997, and I'm planning on applying for ILR under long residence.
The problem is that I have a one month gap between the end of one visa and the beginning of another. This is because when I went to the home office to extend my student visa for a postgrad course I was told that I had to go back to my home country and lodge the application there. Hence the gap.

I realise that this constitutes a break in continuity and so on, and hard application of the rules would mean refusal of ILR. I would like to know if anyone with such a gap has been successful at ILR? How tough are they on these breaks? Would it be any use explaining how the gap happened?

Also, if it is refused, would that somehow taint or disadvantage me in some way in future applications, for work permits or whatever?

Any advice would be much appreciated.

[purplepple]

If I'm not mistaken, time under student visa is not counted towards ILR. So you only start counting from the time you have a visa that counts towards ILR eg work permit or HSMP.

[RobinLondon]

If I'm not mistaken, time under student visa is not counted towards ILR. So you only start counting from the time you have a visa that counts towards ILR eg work permit or HSMP.

With respect, you are mistaken. Under current rules, time spent as a student does count towards the long-residence (ten or fourteen-year) rules. The issue becomes one of gaps between leaves to enter/remain, which was the OP's main question.

[baffled]

Thanks for the replies guys. The 10 year long residence can be made up of legal stay under any status, including student status, so the problem is the gap I mentioned in my first post. So basically I left before one visa finished and came in again with another visa, and there was a one month gap between the expiry of one and the beginning of another. Any cases out there like mine where the outcome of ILR was positive? Or is it a lost cause?

[olisun]

Thanks for the replies guys. The 10 year long residence can be made up of legal stay under any status, including student status, so the problem is the gap I mentioned in my first post. So basically I left before one visa finished and came in again with another visa, and there was a one month gap between the expiry of one and the beginning of another. Any cases out there like mine where the outcome of ILR was positive? Or is it a lost cause?

Gap = Clock reset, but then it also depends on the caseworker who will be dealing with your case