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10 year rule - pls help
Posted: Wed Mar 23, 2011 10:42 am
by azulshah
Hi guys
I had a quick question. I have a friend who is applying for ILR under the 10 year rule. His only concern is that he has a gap of 10 days in total in the past 10 years. The gap was as a result of extension from student visa to work permit.
My question is will this gap of 10 days in the last 10 Years cause a problem??
Re: 10 year rule - pls help
Posted: Wed Mar 23, 2011 11:14 am
by xyz123
azulshah wrote:Hi guys
I had a quick question. I have a friend who is applying for ILR under the 10 year rule. His only concern is that he has a gap of 10 days in total in the past 10 years. The gap was as a result of extension from student visa to work permit.
My question is will this gap of 10 days in the last 10 Years cause a problem??
What are the details of the gap? Did he/his employer apply for Work Permit before current leave expires? Is so then there should not be any problem.
Posted: Wed Mar 23, 2011 11:24 am
by azulshah
It was an out of country application for a new work permit, he applied for it 2 days after the previous one expired and this was because he had to have health checks done as per the rules.
So basically previous leave expired on 8/01/10
Application handed in for new work permit 10/01/10
New work permit approved on 17/01/10
Hope this helps
Posted: Wed Mar 23, 2011 11:29 am
by joh118
azulshah wrote:It was an out of country application for a new work permit, he applied for it 2 days after the previous one expired and this was because he had to have health checks done as per the rules.
So basically previous leave expired on 8/01/10
Application handed in for new work permit 10/01/10
New work permit approved on 17/01/10
Hope this helps
A 2 day gap is fine. they will excercise discretion. As long as it happened only once.
but he did leave the UK when he had a valid uk visa right?
Posted: Wed Mar 23, 2011 11:39 am
by azulshah
Yes he did leave the country before his visa expired.
Thanks for your help
Posted: Wed Mar 23, 2011 1:01 pm
by haniffa.s
azulshah wrote:Yes he did leave the country before his visa expired.
Thanks for your help
In such case there is no gap and no discretion needed.It should be fine.
Posted: Wed Mar 23, 2011 1:30 pm
by joh118
azulshah wrote:Yes he did leave the country before his visa expired.
Thanks for your help
sorry, I just realised. It's not even a gap. As the applicant left the UK on a valid leave. It will not matter if the application was made out of time because the applicant was outside the UK. It will have only been a gap if the application was made in the UK.
So as long as the applicant returned to the UK on the new visa within 6 months of leaving the UK, then that is fine.
There is nothing to worry about, it's not even a gap.