Discretion n gap in 10 year rule (out of time application)

zchay3e · Post by **zchay3e** » Thu Mar 15, 2012 9:24 am

Rather straightforward 10 year ILR application; 10 years on student visas from Apr 2002-Apr 2012, except the first student visa due to expire 21 Apr 2003, only discovered this on 1 May 2003 and called HO immediately, appointment made for same day service for 6 May and visa granted.

This leaves me with ~ 15 day gap. Would discretion be exercised here? or is the 10 day rule rigidly enforced?

When am I am eligible for ILR? Apr 2012 or May 2013?

quantum1 · Post by **quantum1** » Thu Mar 15, 2012 11:33 am

You are eligible for ilr in April 2012. The gap might be an issue since it is more than 10 days. I advise you to seek legal help on how to represent this to the home office and compeling reasons why the application was late. On the other hand you could wait until 6 May 2013 and you wont have any issues since you would have accrued 10yrs of continuous lawful residence.

zchay3e · Post by **zchay3e** » Thu Mar 15, 2012 11:50 am

Unfortunately, it is hard for me to extend my stay beyond Apr 2012 when my student visa expires, and I really do not have extenuating circumstances for the gap, I just completely forgot to apply in time. Apply anyway?

Smam · Post by **Smam** » Thu Mar 15, 2012 2:21 pm

Hi zchay3e

I would recommend you to complete your 15 days gap and then apply rather than going through any rejection and then appeals and all that long processes.

Another advice ring HO they'll advice you the best free of charge.

Good luck for your ILR

Loveislovely · Post by **Loveislovely** » Fri Mar 16, 2012 1:20 am

zchay3e wrote:Unfortunately, it is hard for me to extend my stay beyond Apr 2012 when my student visa expires, and I really do not have extenuating circumstances for the gap, I just completely forgot to apply in time. Apply a you would have made nyway?

Hi Zchay3e!

I am guessing that due to the fact that you are allowed to apply 28 days early, if you wait until a week before your visa runs out, you should be fine, as you would have made up for those lost 15 days. It is just my theory though, I am not an expert, suggest this to an expert and see what they say, good luck.

zchay3e · Post by **zchay3e** » Fri Mar 16, 2012 10:02 am

I am no expert too, but you cannot 'make up' for a gap by staying a little longer - a gap resets the entire ILR clock, which means you need accummulate another continuous 10 years from when gap finished.

My question was really about whether the 15-day gap could be disregarded or not.

Loveislovely · Post by **Loveislovely** » Sat Mar 17, 2012 12:19 am

zchay3e wrote:I am no expert too, but you cannot 'make up' for a gap by staying a little longer - a gap resets the entire ILR clock, which means you need accummulate another continuous 10 years from when gap finished.

My question was really about whether the 15-day gap could be disregarded or not.

I hope you are wrong about resetting ILR clock, this would really be unfair, I have known someone who sent out of time application for a longer time and receive ILR, but as the saying goes, your luck may not be my luck..... anyway! "Good Luck".

saira12 · Post by **saira12** » Sat Mar 17, 2012 12:24 am

i agree with zchay3e, clock will start again from the date you got visa extended after the gap
i think you have to show some serious reason for not been able to apply on time, e.g you were ill etc

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Discretion n gap in 10 year rule (out of time application)

Discretion n gap in 10 year rule (out of time application)