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Gaps between Extention and ILR :

Posted: Sat May 12, 2012 8:35 am
by Vamiq.khan
Dear All,

I will be preparing to lodge an application for ILR. I am seriously concerned about the gaps between my visa extensions. I have couple of gaps of 3 to 5 days between extension. When I say gaps between extension, it means when my visa expired I took 3 to 5 days to sent out my passport for visa renewal.

And on one occasion I took up to 44 days to sent out my passport for renewal from the time my old visa expired.

What is the possibility of getting an ILR in my case ?

Regards
Vamiq

Posted: Sat May 12, 2012 10:13 am
by Lucapooka
An application that is submitted before current leave expires, but comes with an issue date after that expiry date, is not a gap.

Posted: Sat May 12, 2012 10:24 am
by cs95tdg
If your extension application was submitted after your previous leave to remain had expired, you would in-effect be considered to be an overstayer. If I have understood you correctly you have overstayed on two different occations (i.e. 3-5 days and then 44 days) as your extension application was submitted late.

A key requirement for ILR is that you have spent a continuous period of X number years Lawfully in the UK (i.e. meaning with valid leave to remain). Without knowing any information with respect to your current immigration status or residency it would be difficult to comment on whether you are eligible for ILR.

However my understanding is that your ILR clock would have been reset on your second application above where you applied for leave to remain 44 days after the previous visa period had expired.