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A gap of over 6 months for ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Rogerxy27
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A gap of over 6 months for ILR application

Post by Rogerxy27 » Wed Aug 03, 2022 8:15 am

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!

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zimba
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Re: A gap of over 6 months for ILR application

Post by zimba » Wed Aug 03, 2022 11:10 am

No. There is no such discretion as your continuous lawful residence was broken. You do not qualify for ILR under long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

manci
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Re: A gap of over 6 months for ILR application

Post by manci » 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?
Personal opinion, not professional or legal advice

Rogerxy27
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Re: A gap of over 6 months for ILR application

Post by Rogerxy27 » Wed Aug 03, 2022 6:03 pm

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.

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Re: A gap of over 6 months for ILR application

Post by manci » 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"?
Personal opinion, not professional or legal advice

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Re: A gap of over 6 months for ILR application

Post by zimba » 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
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Rogerxy27
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Re: A gap of over 6 months for ILR application

Post by Rogerxy27 » Tue Aug 09, 2022 7:38 am

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.

Rogerxy27
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Re: A gap of over 6 months for ILR application

Post by Rogerxy27 » Tue Aug 09, 2022 7:38 am

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.

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Re: A gap of over 6 months for ILR application

Post by manci » 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?
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CR001
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Re: A gap of over 6 months for ILR application

Post by CR001 » Tue Aug 09, 2022 8:11 am

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,
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