ILR refused - long residence

alphaherts · Post by **alphaherts** » Sat Jul 09, 2011 12:37 pm

Dear Members,

I need help on below query. I applied for ILR in march 2011 on the basis of 10 year long residence. my application was refused on the basis of gap due to waiting time during my work permit appeal during 2007. detailed dates are as follow.

SEGS visa was valid till 10th July 2007
WP application was sent 1st July 2007
WP application was refused on 3rd August 2007
Appeal was sent on 13th August 2007
Appeal decided & approved on 10th November 2007
FLR application was sent on 17th November 2007
FLR application was approved on 29th November 2007

I want to check , whether period between WP application till FLR approval is continuous lawful residence or this period will break continuous lawful residence.
looking forward to hear from all.

Post by **vinny** » Sat Jul 09, 2011 12:56 pm

It seems that you should have been covered under section 3C.

Why did you have to make an FLR application after the appeal was approved?

alphaherts · Post by **alphaherts** » Sat Jul 09, 2011 1:24 pm

thanks Vinaya for immediate reply,

I was waiting for my appeal to be decided, back in days Work permit application was seperate from FLR. so I never sent FLR application before my work permit was approved.
I dont have right to appeal as my work permit is expiring in November 2012.
do I have to send new application for IRL under long residence or can I write to home office explaining situation with supporting documents or do I have go through Judicial review.
looking forward to hear from yourself.

alphaherts · Post by **alphaherts** » Sat Jul 09, 2011 1:27 pm

sorry I meant to wrtie Vinny*

Post by **vinny** » Sat Jul 09, 2011 1:41 pm

Section 3C may not be applicable because the FLR application was out of time. However, the work permit was wrongly refused. This prevented the FLR application from being submitted in time. Perhaps you can ask for a reconsideration on this basis? Professional help recommended.

alphaherts · Post by **alphaherts** » Sat Jul 09, 2011 2:40 pm

thank you so much Vinny.

Post by **geriatrix** » Sun Sep 11, 2011 1:47 am

alphaherts wrote:Dear All,
I was refused 10yr IRL due to 2 gaps, one was waiting time during work permit appeal and second gap was never cleared. home office said on refusal letter that my student extension in 2003 was 2 days late. but in my SAR,under 2003 application notes it says Application IN TIME. my solicitor sent PAP,HO replied that they will reconsider and phoned same day 10/08/2011 to my solicitor and asked for my passport. I have sent passport immediately. I have received my SAR after that. at the end of SAR, notes writen on 10/08/11 are "SCW disccussed with SEO and waived gap during work permit appeal" they didnt mention anything about 2nd gap. can anybody advise me how long will it take for them to reach to final decision and send passport back. if they asked for passport, does it mean they will stamp passport with IRL?
looking forward to hear from all of you.

Post by **geriatrix** » Sun Sep 11, 2011 1:51 am

alphaherts wrote:does it mean they will stamp passport with IRL?

Given the information you have shared (SEO waived the 2 day gap), looks like it!

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ILR refused - long residence

IRL Refused due to gap between WP Approval & FLR