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Posted: **Wed Nov 16, 2011 9:31 am**

ukba have updated their guidance this november. One change seems to be that the discretion period for a gap is now strictly 10 days unless exceptional circumstances. Also, more than one gap can be allowed in exceptional circumstances. Am I reading it right?

Posted: **Wed Nov 16, 2011 10:03 am**

In regards to a single gap being caused by 'out of time' applications, that's how I read it too, but as to multiple gaps it looks like they will be less forgiving based on their wording and choice of examples.

The decision to exercise discretion must not be taken without consent from an SEO or equivalent.

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 should not normally use discretion for cases where an applicant:
• has had more than one gap in their lawful residence due to submitting one or more of their previous applications out of time, and/or
• has not tried to maintain lawful leave throughout their time in the UK.
It may be appropriate to exercise discretion if an applicant has multiple gaps in leave that have been caused by events outside there control, such as postal strikes, hospitalisation
and so on.

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New Guidance for Long residency

New Guidance for Long residency