10 year rule - pls help

azulshah · Post by **azulshah** » Wed Mar 23, 2011 10:42 am

Hi guys

I had a quick question. I have a friend who is applying for ILR under the 10 year rule. His only concern is that he has a gap of 10 days in total in the past 10 years. The gap was as a result of extension from student visa to work permit.

My question is will this gap of 10 days in the last 10 Years cause a problem??

xyz123 · Post by **xyz123** » Wed Mar 23, 2011 11:14 am

azulshah wrote:Hi guys

I had a quick question. I have a friend who is applying for ILR under the 10 year rule. His only concern is that he has a gap of 10 days in total in the past 10 years. The gap was as a result of extension from student visa to work permit.

My question is will this gap of 10 days in the last 10 Years cause a problem??

What are the details of the gap? Did he/his employer apply for Work Permit before current leave expires? Is so then there should not be any problem.

azulshah · Post by **azulshah** » Wed Mar 23, 2011 11:24 am

It was an out of country application for a new work permit, he applied for it 2 days after the previous one expired and this was because he had to have health checks done as per the rules.

So basically previous leave expired on 8/01/10
Application handed in for new work permit 10/01/10
New work permit approved on 17/01/10

Hope this helps

joh118 · Post by **joh118** » Wed Mar 23, 2011 11:29 am

azulshah wrote:It was an out of country application for a new work permit, he applied for it 2 days after the previous one expired and this was because he had to have health checks done as per the rules.

So basically previous leave expired on 8/01/10
Application handed in for new work permit 10/01/10
New work permit approved on 17/01/10

Hope this helps

A 2 day gap is fine. they will excercise discretion. As long as it happened only once.

but he did leave the UK when he had a valid uk visa right?

azulshah · Post by **azulshah** » Wed Mar 23, 2011 11:39 am

Yes he did leave the country before his visa expired.

Thanks for your help

haniffa.s · Post by **haniffa.s** » Wed Mar 23, 2011 1:01 pm

azulshah wrote:Yes he did leave the country before his visa expired.

Thanks for your help

In such case there is no gap and no discretion needed.It should be fine.

joh118 · Post by **joh118** » Wed Mar 23, 2011 1:30 pm

azulshah wrote:Yes he did leave the country before his visa expired.

Thanks for your help

sorry, I just realised. It's not even a gap. As the applicant left the UK on a valid leave. It will not matter if the application was made out of time because the applicant was outside the UK. It will have only been a gap if the application was made in the UK.

So as long as the applicant returned to the UK on the new visa within 6 months of leaving the UK, then that is fine.

There is nothing to worry about, it's not even a gap.

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10 year rule - pls help

10 year rule - pls help

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