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Ten Year Long Residency and Gaps

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

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Jay_707
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Posts: 40
Joined: Sat Feb 12, 2011 1:48 pm

Ten Year Long Residency and Gaps

Post by Jay_707 » Mon Jun 06, 2011 11:32 am

Hi there
I am hoping to apply for ILR under 10 years long residency in September. Currently, I am waiting for my SAR file. In the meantime going through the documents it appears that one of my visa applications that were sent through the college I was studying at the time may not have reached HO on time. My visa was due to expire 31 October and I handed my documents to college in good time (6 October). But they have only posted it to HO on 29 October which was a Friday. So it is most likely it may not have reached HO on time. However, HO extended my visa - acknowledged receipt of documents on 9 November and LTR was granted 6 December.
1) Does HO usually grant LTR if the application was received after expiry of current visa?
2) What sort of effect would this have on continuous residence? Does it mean there will be a 3-4 days gap (which I believe is acceptable as long as there are no other complications) or does it mean I have a longer gap – until 6 December? That would be disastrous!
Has anyone experienced a similar situation?
Please could someone advice.
Many thanks
Jay

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Jun 06, 2011 11:48 am

You're okay because it was posted (34G-34I) before your leave had expired (section 3C).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

fooltruth1980
Newly Registered
Posts: 6
Joined: Fri Mar 11, 2011 3:23 pm

Post by fooltruth1980 » Mon Jun 06, 2011 11:56 am

I had the same issue and HO issued myself an ILR. I think you should be fine.

Jay_707
Newbie
Posts: 40
Joined: Sat Feb 12, 2011 1:48 pm

Post by Jay_707 » Mon Jun 06, 2011 12:09 pm

Thank you both for your replies. That is such a releif! This forum is so useful I wish I knew it before!
Thanks again.
Jay

Jay_707
Newbie
Posts: 40
Joined: Sat Feb 12, 2011 1:48 pm

Post by Jay_707 » Sat Jul 02, 2011 4:25 pm

I am hoping to apply for ILR in September under ten years continuous residence. I have just received my SAR. There are some queries and I would be grateful for any advice.
In 2003 and 2004 both applications were sent via the college I studied at the time. Both applications were handed to college well in advance. The SAR entries show;

2003 (visa end 30 Sep 2003)
Applic/Raised; 13 Sep-2003
Out come; void-inappropriate application
Applic/Raised; 2 Oct-2003
Out come;Grant LTR ( granted until 31 Oct-2004)

2004 (visa ended 31 October 2004)
Applic/Raised; 30 Oct-2004
Outcome; void –inappropriate application
Applic/Raised; 09 Nov-2004
Outcome;Grant LTR (granted until 30 Sep 2005)

It seems that both applications have been received by HO in time initially. I was not asked to submit fresh applications ( I guess means they were valid?). I was not contacted by HO or the College at all about any missing docs or any problem with them and payments were also made by postal orders. Does anyone have any idea why they have been marked void/inappropriate? Has anyone experienced a similar situation? Could this be an error by HO?

2009My application for PSW was initially refused in 2009 for failing to show continuous funds. I appealed and won the appeal and subsequently LTR was granted. While the appeal was in process my solicitor sent another application for consideration. This was rejected saying there was an appeal in process by HO and returned the application fee.
The SAR says;
Applic/Raised; 23 Feb-2009 Outcome; Grant LTR (this was the initial application that was refused and subsequently LTR granted 26 Sep-2009 after appeal)
Applic/Raised;9 Apr-2009 –this is the second application sent while appeal in process.
Out come;Reject

I am not sure if these will have any effect on continuous residence. I would be grateful for any advice.
Many thanks
Jay

Jay_707
Newbie
Posts: 40
Joined: Sat Feb 12, 2011 1:48 pm

Post by Jay_707 » Sun Jul 03, 2011 8:23 am

Hi there
Any advice please
Thanks
Jay

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