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Possible break in continuous stay?

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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smas4er
Junior Member
Posts: 87
Joined: Tue Jan 18, 2011 1:30 pm

Possible break in continuous stay?

Post by smas4er » Tue May 08, 2012 7:44 pm

Hi guys

I need some help and clarification. I wanted to apply for ILR on long term basis in August this year as I came to uk in September 2002. I just received my SAR file and been going through it, and apparently I was rejected a student visa in 2006 which I still can't remember. neither is there any rejection letter or application forms for those applications in 2006 in my SAR file. So going by worse case below is the timeline of those events and just wanted to get your views if this is a break in continuous residence.
My original student visa was due to expire on 30 sept 2006
Submitted application 31Aug 2006
As per SAR rejection 19 Sept 2006
As per SAR resubmitted application 4 Oct 2006
Visa granted 20 Nov 2006

Now considering my original visa expiry on 30 sept 2006 and submitting a new application on 4 oct 2006, this is 4 days without visa. Does this break continuous residence. Will appreciate your help and guidance on this please.

Regards

smas4er
Junior Member
Posts: 87
Joined: Tue Jan 18, 2011 1:30 pm

Post by smas4er » Wed May 09, 2012 12:11 pm

Hi Could some one please help out.
In the meantime I was reading the guidance on UKBA website for long residence and it says if one application is made out of time in less than 10 days then visa could be granted?

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

Post by quantum1 » Wed May 09, 2012 5:24 pm

smas4er wrote:Hi Could some one please help out.
In the meantime I was reading the guidance on UKBA website for long residence and it says if one application is made out of time in less than 10 days then visa could be granted?
Yes, that is correct. While your application was four days out of time, it falls within the limit for which discretion should be applied. You are fine.

rneeta
Newbie
Posts: 47
Joined: Sun Apr 08, 2012 6:25 pm

Post by rneeta » Wed May 09, 2012 8:49 pm

Hi Smas4er

what info can we get from SAR request? What do we need to ask?. I am wondering whether they send a copy of our application if requested. As last time I applied through immigration adviser and do not have a copy of it?

Thanks
Neeta

smas4er
Junior Member
Posts: 87
Joined: Tue Jan 18, 2011 1:30 pm

Post by smas4er » Wed May 09, 2012 9:33 pm

Hi

You would get most information if not all that is kept by home office about you. I got copies of my application forms, landing cards, case worker notes for each application and complete history of the immigration record. You just need to ask for them to provide all information they hold about you. Just bear in mind that it does take a while or you to get this info. I applied for SAR in beginning of march and received it in the first week of may.

rneeta
Newbie
Posts: 47
Joined: Sun Apr 08, 2012 6:25 pm

Post by rneeta » Thu May 10, 2012 8:40 pm

Hi Smas4er,

Thank you for your reply. It is going to be a great help for me as I was not sure what to ask for?

Thanks
Neeta

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