Immigrationboards.com

Dear all,

I wanted to apply for ILR because I have already spent 10 years in the UK but there is a gap of 11 days when I send my visa extension on the 11 December 2004 when my previous visa expired on the 30 November 2004. I have my SAR report and the case worker says the 'application in time'.

In the application form for that occasion, my college(holborn) letters were issues on the 8th of December 2004 and my attendances were also stamped on the 8th December in the application form. I had a resit at that time and although I registered with a different college(very far), I decided to join holborn college instead after I received my results. Because I joined holborn college late, it took them about 10 days to register me and do my paper work.

The application was received on the 11 November 2004 at the Home Office. All my other applications were in time.

Can anyone adivise me if the 'in time' application on the SAR report will ease my application? or if thats not the case what discretion will the caseworker has on an 11 days gap? as compare to 10 days.

Thank you in advance.
Yash

You should be OK to apply - and wait for a long time. Out of leave periods up to 28 days may be excluded - says UKBA.

What is your current visa?

wpilr_nov12 wrote:You should be OK to apply - and wait for a long time. Out of leave periods up to 28 days may be excluded - says UKBA.

What is your current visa?

I am sorry to sound harsh but 28 days provision can not be entertained by ILR applicant on 10 years lawful stay basis, as per my understanding they apply discretion for 10 days gap, if it is more than 10days then onus is applicant to prove that due to exceptional circumstances applicant could not make on time application.

See Page 22 of "Guidance – Long residence and private life – version 7.0": http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Single gap in lawful residence
It may be appropriate to use discretion if an applicant:
 has a single short gap in lawful residence through making one single previous application out of time by no more than 10 calendar days, and
 meets all the other requirements for lawful residence.
You can use your judgement in cases where there may be exceptional reasons why a single application was made more than 10
 a postal strike
 hospitalisation, or
 an administrative error made by the UK Border Agency.

Apologies cs95tdg, your information is out of date, the latest document is version 10 (and can even be accessed from your link) states -

Gap(s) in lawful residence
You may grant the application if an applicant:
has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days , and
meets all the other requirements for lawful residence.
You can use your judgement and use discretion in cases where there may be exceptional reasons why a single application was made more than 28 days out of time.

wpilr_nov12 is correct, you are now allowed to have a gap upto 28 days.

The latest long residence guideline 2013 allows a gap up to 28 days.