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gaps in ILR long residence

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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migrant4ever
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Posts: 19
Joined: Tue Feb 02, 2016 2:30 pm

gaps in ILR long residence

Post by migrant4ever » Wed Feb 03, 2016 12:40 am

Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

migrant4ever
Newly Registered
Posts: 19
Joined: Tue Feb 02, 2016 2:30 pm

SET (LR) help needed while appeal is in process

Post by migrant4ever » Wed Feb 03, 2016 10:45 pm

Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

jimtoole
BANNED
Posts: 125
Joined: Thu Jul 09, 2015 12:39 pm

Re: SET (LR) HELP NEEEDED PLEASE

Post by jimtoole » Sat Feb 06, 2016 7:03 pm

Not good situation for you unfortunately. You have broken your continuous residence in the UK by not applying with in 28 days of your visa expiry. If you are lucky they might use discretion which they are hardly using these days.

All the best
migrant4ever wrote:Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?
Its hard to beat a person that never gives up.

migrant4ever
Newly Registered
Posts: 19
Joined: Tue Feb 02, 2016 2:30 pm

Re: SET (LR) help needed while appeal is in process

Post by migrant4ever » Sat Feb 06, 2016 7:46 pm

The thing is I wasn't aware of the 28 days rule and I was of the impression that as long as I don't overstay 6 months out the country that I would be fine. Would a Dr's letter from my county suffice for discretion and if I am refused how do I appeal?

migrant4ever
Newly Registered
Posts: 19
Joined: Tue Feb 02, 2016 2:30 pm

Re: SET (LR) HELP NEEEDED PLEASE

Post by migrant4ever » Tue Feb 16, 2016 11:33 pm

would the same rule aply to flr(FP) under the 10 year private life route?
jimtoole wrote:Not good situation for you unfortunately. You have broken your continuous residence in the UK by not applying with in 28 days of your visa expiry. If you are lucky they might use discretion which they are hardly using these days.

All the best
migrant4ever wrote:Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

migrant4ever
Newly Registered
Posts: 19
Joined: Tue Feb 02, 2016 2:30 pm

SET (LR) OR FLR (FP)

Post by migrant4ever » Wed Feb 17, 2016 12:23 am

Hello Gurus,

I need your urgent help on which to apply for SET (LR) OR FLR (FP)??

HMV - 18/03/2006 - 2008
students visa 01/2009-2012
PSW -2012- 21/05/2014
Students visa 10/2014-02/03/2016

Never stayed out more than 6 months at a time nor have I stayed out more than 12 moths over 10year period.

problem is that i left UK to reapply for students visa in 2014 as my course was not starting within 3months and the uni said i had to apply out of country - they told me this 5 days before my PSW expired and i ended up overstaying 23 days. when i left i didnot know i had to re-apply within 28 for my course and i applied on 22 sept 2014 and re-entered the UK on oct 2014.

My question is should i apply under SET (LR) OR FLR (FP)???

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