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gaps in ILR long residence

Posted: Wed Feb 03, 2016 12:40 am
by migrant4ever
Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

SET (LR) help needed while appeal is in process

Posted: Wed Feb 03, 2016 10:45 pm
by migrant4ever
Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

Re: SET (LR) HELP NEEEDED PLEASE

Posted: Sat Feb 06, 2016 7:03 pm
by jimtoole
Not good situation for you unfortunately. You have broken your continuous residence in the UK by not applying with in 28 days of your visa expiry. If you are lucky they might use discretion which they are hardly using these days.

All the best
migrant4ever wrote:Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

Re: SET (LR) help needed while appeal is in process

Posted: Sat Feb 06, 2016 7:46 pm
by migrant4ever
The thing is I wasn't aware of the 28 days rule and I was of the impression that as long as I don't overstay 6 months out the country that I would be fine. Would a Dr's letter from my county suffice for discretion and if I am refused how do I appeal?

Re: SET (LR) HELP NEEEDED PLEASE

Posted: Tue Feb 16, 2016 11:33 pm
by migrant4ever
would the same rule aply to flr(FP) under the 10 year private life route?
jimtoole wrote:Not good situation for you unfortunately. You have broken your continuous residence in the UK by not applying with in 28 days of your visa expiry. If you are lucky they might use discretion which they are hardly using these days.

All the best
migrant4ever wrote:Hello All,

I need advice as I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

SET (LR) OR FLR (FP)

Posted: Wed Feb 17, 2016 12:23 am
by migrant4ever
Hello Gurus,

I need your urgent help on which to apply for SET (LR) OR FLR (FP)??

HMV - 18/03/2006 - 2008
students visa 01/2009-2012
PSW -2012- 21/05/2014
Students visa 10/2014-02/03/2016

Never stayed out more than 6 months at a time nor have I stayed out more than 12 moths over 10year period.

problem is that i left UK to reapply for students visa in 2014 as my course was not starting within 3months and the uni said i had to apply out of country - they told me this 5 days before my PSW expired and i ended up overstaying 23 days. when i left i didnot know i had to re-apply within 28 for my course and i applied on 22 sept 2014 and re-entered the UK on oct 2014.

My question is should i apply under SET (LR) OR FLR (FP)???