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Gap in long residency

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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jazz700
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Posts: 12
Joined: Wed Feb 15, 2012 9:25 am

Gap in long residency

Post by jazz700 » Wed Feb 15, 2012 9:41 am

Hi All

I am going to apply for 10 years long residency so i want to ask about gaps in my extension.

1 . My first visa was expire on 28th january and i went to home office on 29th january and got my extension on same day so just want to know will they consider 1 day gap in it ?

2. And second i was refused twice but i sent my documents on time and did my appeals on time and won both appeals. but after appeal decisions home office took time to reply me back and so it took 3 to 4 months to get my visa after appeals so will they consider a gap that period.

Thanks

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Feb 15, 2012 10:50 am

1. Yes.
2. No.
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.

2012
Member
Posts: 234
Joined: Mon Jul 04, 2011 1:20 am

Re: Gap in long residency

Post by 2012 » Wed Feb 15, 2012 7:24 pm

jazz700 wrote:Hi All

I am going to apply for 10 years long residency so i want to ask about gaps in my extension.

1 . My first visa was expire on 28th january and i went to home office on 29th january and got my extension on same day so just want to know will they consider 1 day gap in it ?

2. And second i was refused twice but i sent my documents on time and did my appeals on time and won both appeals. but after appeal decisions home office took time to reply me back and so it took 3 to 4 months to get my visa after appeals so will they consider a gap that period.

Thanks
1. The first one is a gap however, under the 10 years long residency rules caseworker shud and wud use discretion in this case as if one application is made out of time but not exceeding 10 days shud be fine for the purpose of granting ILR.

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Feb 25, 2012 3:32 am

jazz700 wrote:Hi all,

one of my student visa was expired on 31st march 2007 and I went to home office on 15th march 2007 I took my own bank statement because i always did that on my previous extensions and granted a extensions but this time caseworker asked me to provide a sponser's bank statement.

so then she gave me the appointment of 2nd April 2007(But my fees was already taken on 15th march 2007) and said come back with your sponser's bank statement and also gave me the letter which was showing that i have to come within 28 days.

then I went home office on 2nd April 2007 again with my sponser's bank statement and granted an extension on 2nd April 2007.

So just want to know as my visa was expired on 31st march 2007 and i was granted an extension on 2nd April 2007.Will they consider a late application and consider a gap or it was fine because first time I was in home office (15th March 2007) before my visa was expired ?

Thanks
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.

vinny
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Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Feb 25, 2012 3:39 am

If she accepted your application and fee on 15 March 2007, even subject to pending additional documents, then you're okay (34G(ii)).
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.

jazz700
Newly Registered
Posts: 12
Joined: Wed Feb 15, 2012 9:25 am

Post by jazz700 » Sat Feb 25, 2012 4:22 am

Thanks vinny for your help.

one more question I have Applied for ILR under 10 years FLR (O) long residence but haven't sent prepaid envelope.

Will they invalid my application for that ?

Thanks

adamboston
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Posts: 169
Joined: Sun Apr 17, 2011 9:53 pm
Location: Manchester

Post by adamboston » Sat Feb 25, 2012 12:55 pm

jazz700 wrote:Thanks vinny for your help.

one more question I have Applied for ILR under 10 years FLR (O) long residence but haven't sent prepaid envelope.

Will they invalid my application for that ?

Thanks
No, pre paid envelopes are not mandatory so nothing to worry.
Adam

'To me no human is alien - but to some no aliens are human'.

jazz700
Newly Registered
Posts: 12
Joined: Wed Feb 15, 2012 9:25 am

Post by jazz700 » Thu Mar 01, 2012 8:45 am

Hi all,

Just want to know if application arrived on time in home office mean before the visa is expired but cheque payment is cleared when visa is expired so in this case what they will consider (late application or In time application).

Thanks

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Mar 01, 2012 9:00 am

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.

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