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As long as you always sent the application off before your visa expired, it is fine.mexsy wrote:Hi All,
Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.
According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?
Regards
Mexsy
1. Get your SAR file and that will explain everything.mexsy wrote:Hi All,
Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.
According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?
Regards
Mexsy
If you are 100% sure that every time you have applied for extension before your leave expired then nothing to worry at all, even you don't need to bother for SAR file.mexsy wrote:Hi All,
Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.
According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?
Regards
Mexsy
When you applied in croydon, was your original visa still valid?mexsy wrote:thanks alot for your reply sunmoon,,
but just one time when i applied for an entention and i recieved some bad news from back home that my father had a Brain Haemorrhage and he went into comma (later on he died after 2 weeks). Therefore my family wanted me to come and see my father ASAP. So, i requested from HO that if they could extend my visa, so i can travel. However, instead of extention they send my passport. So, i had to reapply again within a week in PEO Crodon and got the extention. That gap is about 69 days..
Please advise on this.
regards
Sorry to say ..... that might be an issue. You should consult a legal advisor.mexsy wrote:thanks alot for your reply sunmoon,,
but just one time when i applied for an entention and i recieved some bad news from back home that my father had a Brain Haemorrhage and he went into comma (later on he died after 2 weeks). Therefore my family wanted me to come and see my father ASAP. So, i requested from HO that if they could extend my visa, so i can travel. However, instead of extention they send my passport. So, i had to reapply again within a week in PEO Crodon and got the extention. That gap is about 69 days..
Please advise on this.
regards
1. I read sumbody said "It might be the issue" well let me assure you that is the main issue.mexsy wrote:Thanks alot of all of you.. you were really helpful. Is anything you wanna add in this issue, please let me know. that will be helpful
Regards
This means you are technically no longer eligible for ILR. However, there are some cases where the home office may use discretion. You will need to explain how this happened very clearly and carefully. I suggest you use an experience immigration advisor to help you.mexsy wrote:Thanks for you reply.
No actually..its was expired at that time..
Any hope??
Regards
If you think your case is weak you always have a chance to go for ILR on the basis of your Tier 1...mexsy wrote:Thanks for your help.
Regards
as long as your ILR application is with the Home Office, your previous visa continues even if it expired whilst you are waiting for a reply. This is called section 3C leave. Until the home office decides, you do not need to apply for anything.bango wrote:I am in a similar senario and wondering if someone could shed a light on this. I finish 10 year legal stay in this country in july 2011. My tier 1 is valid till oct 2011. Can i apply for Ilr in July and if home office makes a decision well and good.
My only concern is if home office doesnt make a decision till Oct,can i put in an application for Tier 1 ext even though my passport is with home office. Can i apply in another category while 1 is being decided so i dont loose on either side.
I dont want to apply for extension first if i can get ILR straight.
Thanks.
As I previously said in my post above, you DO NOT need to apply for anything UNTIL the Home Office decides on your ILR application. You will have Section 3C leave UNTIL the home office decides.bango wrote:Thanks for the reply. So if i apply for ilr on long residence basis and home office cant decide in during this my Tier1 runs out, i can still file for extension. According to the rules i must apply before my visa runs out to safeguard my appeal rights. Am i understanding this correct or missing something. Thanks.