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Hi All,

Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.

According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?

Regards


Mexsy

mexsy wrote:Hi All,

Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.

According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?

Regards

Mexsy

As long as you always sent the application off before your visa expired, it is fine.

you may wish to apply for your SAR file if you still have time left on your current visa just to double check whether you meet the rules.

Thanks Joh118
Your reply is much appreciated. Actually i am on Tier1(General) right now and recently i have applied for an extention and hopefully i get the extention soon then i will apply for my ILR.
just a question that do i have to explain this to HO or they will find this in their record?
However i just want to let you know of the break is about 69days.

Regards

mexsy wrote:Hi All,

Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.

According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?

Regards


Mexsy

1. Get your SAR file and that will explain everything.

I agree with ash786

Thanks alot Ash786 and Joh118

mexsy wrote:Hi All,

Can someone please guide me. Actually I came to UK in September 2001 and now in September 2011 my 10years will be completed. Through out this time I resided legally in the UK . However, there some gaps in my residence i.e. whenever my visa was about to expire I had send my visa extension on time but sometime HomeOffice did not extend my leave just after the expiry date but always left some gaps in between. When I calculated these gaps it came to a total of 125days.

According to ILR Long Residence Rule of Breaks in Lawful Residence that a caseworker can refuse the application because these gaps. Is there is anyway that i still can apply under this 10yrs long residence rule?

Regards


Mexsy

If you are 100% sure that every time you have applied for extension before your leave expired then nothing to worry at all, even you don't need to bother for SAR file.

thanks alot for your reply sunmoon,,

but just one time when i applied for an entention and i recieved some bad news from back home that my father had a Brain Haemorrhage and he went into comma (later on he died after 2 weeks). Therefore my family wanted me to come and see my father ASAP. So, i requested from HO that if they could extend my visa, so i can travel. However, instead of extention they send my passport. So, i had to reapply again within a week in PEO Crodon and got the extention. That gap is about 69 days..

Please advise on this.

regards

mexsy wrote:thanks alot for your reply sunmoon,,

but just one time when i applied for an entention and i recieved some bad news from back home that my father had a Brain Haemorrhage and he went into comma (later on he died after 2 weeks). Therefore my family wanted me to come and see my father ASAP. So, i requested from HO that if they could extend my visa, so i can travel. However, instead of extention they send my passport. So, i had to reapply again within a week in PEO Crodon and got the extention. That gap is about 69 days..

Please advise on this.

regards

When you applied in croydon, was your original visa still valid?

Thanks for you reply.

No actually..its was expired at that time..

Any hope??

Regards

mexsy wrote:thanks alot for your reply sunmoon,,

but just one time when i applied for an entention and i recieved some bad news from back home that my father had a Brain Haemorrhage and he went into comma (later on he died after 2 weeks). Therefore my family wanted me to come and see my father ASAP. So, i requested from HO that if they could extend my visa, so i can travel. However, instead of extention they send my passport. So, i had to reapply again within a week in PEO Crodon and got the extention. That gap is about 69 days..

Please advise on this.

regards

Sorry to say ..... that might be an issue. You should consult a legal advisor.

Thanks alot of all of you.. you were really helpful. Is anything you wanna add in this issue, please let me know. that will be helpful

Regards

mexsy wrote:Thanks alot of all of you.. you were really helpful. Is anything you wanna add in this issue, please let me know. that will be helpful

Regards

1. I read sumbody said "It might be the issue" well let me assure you that is the main issue.
2. Becasue u did not have a valid leave at that time so u residency clock has stopped.
3. If it was less than 10 days then that wud have been fine as one late application under 10 days are ok.
4. HO wud not use discretion if more gaps and over 10 days.
5. U really need to seek legal help from a good solicitor who can lodge u case and explain why this gap has occured.
6. U application is all down to the explaination of this huge gap.

mexsy wrote:Thanks for you reply.

No actually..its was expired at that time..

Any hope??

Regards

This means you are technically no longer eligible for ILR. However, there are some cases where the home office may use discretion. You will need to explain how this happened very clearly and carefully. I suggest you use an experience immigration advisor to help you.

Thanks for your help.

Regards

mexsy wrote:Thanks for your help.

Regards

If you think your case is weak you always have a chance to go for ILR on the basis of your Tier 1...
I'd say extend your Tier 1 first and when you think you are eligible for Long Term residency ILR, apply for it. Even if it's refused you can apply again when you cover 5 years on Tier 1.

Hope it helps.

I am in a similar senario and wondering if someone could shed a light on this. I finish 10 year legal stay in this country in july 2011. My tier 1 is valid till oct 2011. Can i apply for Ilr in July and if home office makes a decision well and good.

My only concern is if home office doesnt make a decision till Oct,can i put in an application for Tier 1 ext even though my passport is with home office. Can i apply in another category while 1 is being decided so i dont loose on either side.

I dont want to apply for extension first if i can get ILR straight.
Thanks.

bango wrote:I am in a similar senario and wondering if someone could shed a light on this. I finish 10 year legal stay in this country in july 2011. My tier 1 is valid till oct 2011. Can i apply for Ilr in July and if home office makes a decision well and good.

My only concern is if home office doesnt make a decision till Oct,can i put in an application for Tier 1 ext even though my passport is with home office. Can i apply in another category while 1 is being decided so i dont loose on either side.

I dont want to apply for extension first if i can get ILR straight.
Thanks.

as long as your ILR application is with the Home Office, your previous visa continues even if it expired whilst you are waiting for a reply. This is called section 3C leave. Until the home office decides, you do not need to apply for anything.

Thanks for the reply. So if i apply for ilr on long residence basis and home office cant decide in during this my Tier1 runs out, i can still file for extension. According to the rules i must apply before my visa runs out to safeguard my appeal rights. Am i understanding this correct or missing something. Thanks.

bango wrote:Thanks for the reply. So if i apply for ilr on long residence basis and home office cant decide in during this my Tier1 runs out, i can still file for extension. According to the rules i must apply before my visa runs out to safeguard my appeal rights. Am i understanding this correct or missing something. Thanks.

As I previously said in my post above, you DO NOT need to apply for anything UNTIL the Home Office decides on your ILR application. You will have Section 3C leave UNTIL the home office decides.

Therefore if you apply for a Tier 1 extention WHILST your ILR application is with the Home Office, you will be technically asking for them to stop considering your ILR application and to consider your T1 application. Your ILR application will not be considered anymore. Surely, that is not what you want?

You will not be given appeal rights if you still have valid leave in the UK after the Home office decides your ILR application.

I think you are getting confused with the rules for when you had to apply in-time for extentions during the 10 year period.