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A gap of over 6 months for ILR application
Posted: Wed Aug 03, 2022 8:15 am
by Rogerxy27
Hello everyone, I have a question with regards to a gap for the ILR 10 years route.
I have lived in the UK with valid visa for 10 years and plan to apply for ILR next month. However, in 2016 I had a gap of 9 months away from UK due to the placement year as a part of the university course, which was compulsory to proceed with the degree.
Would the Home Office make an exception to my 9 months gap to approve my application? Thank you in advance!
Re: A gap of over 6 months for ILR application
Posted: Wed Aug 03, 2022 11:10 am
by zimba
No. There is no such discretion as your continuous lawful residence was broken. You do not qualify for ILR under long residence
Re: A gap of over 6 months for ILR application
Posted: Wed Aug 03, 2022 11:24 am
by manci
Rogerxy27 wrote: ↑Wed Aug 03, 2022 8:15 am
in 2016 I had a gap of 9 months away from UK due to the placement year as a part of the university course, which was compulsory to proceed with the degree.
Have you not travelled to the UK at all during the 9 months?
Re: A gap of over 6 months for ILR application
Posted: Wed Aug 03, 2022 6:03 pm
by Rogerxy27
manci wrote: ↑Wed Aug 03, 2022 11:24 am
Rogerxy27 wrote: ↑Wed Aug 03, 2022 8:15 am
in 2016 I had a gap of 9 months away from UK due to the placement year as a part of the university course, which was compulsory to proceed with the degree.
Have you not travelled to the UK at all during the 9 months?
Unfortunately, I did not travel to UK during the 9 months, but my leave to remain was valid the whole time.
Re: A gap of over 6 months for ILR application
Posted: Wed Aug 03, 2022 8:33 pm
by manci
Rogerxy27 wrote: ↑Wed Aug 03, 2022 6:03 pm
Unfortunately, I did not travel to UK during the 9 months, but my leave to remain was valid the whole time
read p 11-12 in the caseworker guidance about exercising discretion:
https://assets.publishing.service.gov.u ... gov-uk.pdf
I wonder if being abroad on a placement as part of a university course may be considered a "compelling circumstance"?
Re: A gap of over 6 months for ILR application
Posted: Thu Aug 04, 2022 1:01 am
by zimba
Discretion is very rarely exercised under the long residence. Such circumstances must have been totally out of the control of the applicant
Re: A gap of over 6 months for ILR application
Posted: Tue Aug 09, 2022 7:38 am
by Rogerxy27
manci wrote: ↑Wed Aug 03, 2022 8:33 pm
Rogerxy27 wrote: ↑Wed Aug 03, 2022 6:03 pm
Unfortunately, I did not travel to UK during the 9 months, but my leave to remain was valid the whole time
read p 11-12 in the caseworker guidance about exercising discretion:
https://assets.publishing.service.gov.u ... gov-uk.pdf
I wonder if being abroad on a placement as part of a university course may be considered a "compelling circumstance"?
I hope so. I did not find any similar cases so I hope the home office will think this way.
Re: A gap of over 6 months for ILR application
Posted: Tue Aug 09, 2022 7:38 am
by Rogerxy27
Zimba wrote: ↑Thu Aug 04, 2022 1:01 am
Discretion is very rarely exercised under the long residence. Such circumstances must have been totally out of the control of the applicant
Thank you for the advice.
Re: A gap of over 6 months for ILR application
Posted: Tue Aug 09, 2022 8:08 am
by manci
Rogerxy27 wrote: ↑Wed Aug 03, 2022 8:15 am
I had a gap of 9 months away from UK due to the placement year as a part of the university course
Was the 9 month period during the pandemic?
Re: A gap of over 6 months for ILR application
Posted: Tue Aug 09, 2022 8:11 am
by CR001
manci wrote: ↑Tue Aug 09, 2022 8:08 am
Rogerxy27 wrote: ↑Wed Aug 03, 2022 8:15 am
I had a gap of 9 months away from UK due to the placement year as a part of the university course
Was the 9 month period during the pandemic?
The OP ha ls already stated in their first post that his was in 2016.
However, in 2016 I had a gap of 9 months away from UK due to the placement year as a part of the university course,