ILR - 10years Long residence. Missed ontimeapplication once.

[BalayaBabu]

Dear Members,

firstly thanks for taking the time to read my question and thanks for your valuable inputs.

I came to the UK in Janaury/2009 -> Student -> PSW -> TIER2 (shortage occupation job for 2 years £32k) ->Tier 2(General £40k - current.)

I am going to apply - the UK legally for 10 years (Long Residence) next week.

Question:

when switching from PSW to TIER2(SO SW job) I missed on-time submission of my visa. Dropped application after 10 days after my expires of PSW due to delay in receiving COS. without any problem, my visa (TIER 2 ) approved that time.

now I am going to ILR, is "Ontime Submission - no " going to be any problem ???

Thanks and Regards,
Balu.

[zimba]

The period of overstaying will be disregarded under paragraph 39E

[BalayaBabu]

Thank you for your reply.
Could you please explain to me. I didn't understand.

Thanks.

[zimba]

You applied after your visa expired as an overstayer and remained an overstayer until next visa was granted. That period will be ignored for ILR under long residence

[BalayaBabu]

thanks @Zimba.

i have read guidance document, what you said is right. Paragraph 39E applies to on or after 24th Nov 2016 applications.

I have overstayed for 10 days in 2014. i have read, will have 28 DAYS period and if you overstay for or below 28days will not break a long residence.

correct me, if i am wrong.

thanks

[zimba]

That means upto 28 days before applying for a new application.

[BalayaBabu]

sorry i didn't understand.
could you please explain. thanks

[zimba]

You applied within 10 days of becoming an overstayer. That is less than 28 days