ILR eligibility with gap between 2 visas > 28 days

Spree2012 · Post by **Spree2012** » Mon Dec 24, 2012 4:34 pm

I came in uk in oct 2007 on WP, returned back to India in sep 2009. Applied tier2 ict in India but gap between WP EXPIRY and application of T2 was submitted after more than 28 days. I came back in jan 2010 and staying in uk since then ie completed 5 yrs ince my first travel.
Just want to understand whether someone else was in same situation and had applied for ilr? And, what was the outcome? Is there any discretion on which this 28 days gap can be ignored ie if I show that my cos was applied within 28 days and I had intention to come back, is there any chance?

Thanks in advance!

salf27 · Post by **salf27** » Mon Dec 24, 2012 6:19 pm

I have the similiar case and there is gap in my visa for more than 28 days. The reason due to which I couldnt apply for my next visa to do with my health as I was completele bed rest for 2 months.

I am not sure if CW can use his discretion but planning to go for it in janurary. Please let me know if you or anybody else in this forum has done some analysis on this already.

sy2012 · Post by **sy2012** » Mon Dec 24, 2012 8:48 pm

Spree2012 wrote: Is there any discretion on which this 28 days gap can be ignored ie if I show that my cos was applied within 28 days and I had intention to come back, is there any chance?

Not to deter you from pursuing your case but following is the guidance on calculating continuous period in UK for ILR (you can also check the link :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

Check page 15 of this document

If the applicant's leave expires whilst they are outside the UK and they apply for fresh entry clearance more than 28 days after the expiry of their previous leave, then the continous period is deemed broken and leave is not aggregated.

Note that entry clearance does not mean CoS application. It is the application for your Visa.

sy2012 · Post by **sy2012** » Mon Dec 24, 2012 8:49 pm

salf27 wrote:I have the similiar case and there is gap in my visa for more than 28 days. The reason due to which I couldnt apply for my next visa to do with my health as I was completele bed rest for 2 months.

I am not sure if CW can use his discretion but planning to go for it in janurary. Please let me know if you or anybody else in this forum has done some analysis on this already.

Not sure about your case. Best to wait for a senior member to answer or get professional legal advice.

salf27 · Post by **salf27** » Tue Dec 25, 2012 1:04 pm

Hi Seniors,

Can some one please advise if CW can use his discretion if there is gap in the visa for more than 28 days ?

wpilr_nov12 · Post by **wpilr_nov12** » Thu Dec 27, 2012 9:10 am

For any meaningful analysis/discussion, please provide the following details:

WP Visa valid from / to

Date of return to India

Date of COS Application

Date of T2ICT Application

Spree2012 · Post by **Spree2012** » Thu Dec 27, 2012 9:23 am

Here are the details:-

WP Visa valid from / to: 17-Oct -2007 to 17-Oct -2009

Date of return to India: 25-Sep-2009

Date of COS Application: 13-Nov-2009

Date of T2ICT Application : 23-Nov-2009

Thanks in advance!

rk2013 · Post by **rk2013** » Sat Jun 01, 2013 3:57 pm

Spree2012 wrote:Here are the details:-

WP Visa valid from / to: 17-Oct -2007 to 17-Oct -2009

Date of return to India: 25-Sep-2009

Date of COS Application: 13-Nov-2009

Date of T2ICT Application : 23-Nov-2009

Thanks in advance!

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ILR eligibility with gap between 2 visas > 28 days

ILR eligibility with gap between 2 visas > 28 days

Re: ILR eligibility with gap between 2 visas > 28 days

Have you applied for visa