carl2000 wrote:Hello,I'm new to this forum . It would be sincerely appreciated if any one you guys can help me answer the questions I have.
My question is about 10 year long residency and 'gap in lawful residency'.
In 2012 , 31th may my visa was finished and I applied for extension same day (by royal mail next day service) .11th June 2012 my application was returned as invalid . I failed to fill up a mandatory section. By 28th June I applied again for extension .28th August 2012 I got extension ( issue date was 28th August)
My question is how it will effect if I apply for ILR?
How long is my gap? Will it be count from 1st June to 28th August (3 month gap) Or 1st June to 28th June (28 days gap)
Can I apply for ILR?
Thanks
Hi Carl2000. It's a tricky question. I find myself in the same situation as you. I submitted an in time application but it was returned to me within the next few days due to invalid bank card details. And By the time I reapplied, my current leave had expired by 17 days.
According to UKBA's guidance notes all absences less than 28 days will be disregarded. Now this sounds encouraging but they also say the following:
If a person submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made. For an example of this, see example 5 in related link: Examples of continuous lawful residence
So according to the above paragraph you and me have had absences of more than 28 days. But one can still be optimistic and hopeful as their guidance notes also state that absences of more than 28 days may be disregarded in exceptional circumstances.
Lets hope the gaps in continuous residency are seen as "accidental" and allowable.
