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gap in continuous 5 year period
Posted: Thu Sep 06, 2012 10:34 pm
by sntp_uk
I am on Tier -1 general visa in the UK and planning apply for indefinite leave to remain (settlement), however I have query regarding continuous 5 years eligibility criteria for indefinite leave to remain (settlement)
my immigration history is as following
HSMP leave to remain - from 02/11/2007 to 02/11/2009
then applied to extend leave to remain on 09/10/2009 under
tier1 general, application returned as invalid due to photographs
on 02/11/2009
re-applied to extend leave to remain on 06/11/2009 under
tier 1 general, got tier -1 general approved from 26/11/2009
to 26/11/2012
so basically there is a gap of 24 days. can this gap disqualify the continuous 5 years eligibility criteria for indefinite leave to remain (settlement) ? please advise
Re: gap in continuous 5 year period
Posted: Thu Sep 06, 2012 10:39 pm
by wpilr_nov12
sntp_uk wrote:I am on Tier -1 general visa in the UK and planning apply for indefinite leave to remain (settlement), however I have query regarding continuous 5 years eligibility criteria for indefinite leave to remain (settlement)
my immigration history is as following
HSMP leave to remain - from 02/11/2007 to 02/11/2009
then applied to extend leave to remain on 09/10/2009 under
tier1 general, application returned as invalid due to photographs
on 02/11/2012 check this date again, we are not there yet
re-applied to extend leave to remain on 06/11/2009 under
tier 1 general, got tier -1 general approved from 26/11/2009
to 26/11/2012
so basically there is a gap of 24 days. can this gap disqualify the continuous 5 years eligibility criteria for indefinite leave to remain (settlement) ? please advise
urgent help pls
Posted: Wed Sep 12, 2012 5:21 pm
by sntp_uk
anyone had same situation ? response much appriciated
need help - complications in 5 years eligibility
Posted: Thu Sep 20, 2012 8:02 pm
by sntp_uk
Hi
planning to apply for ILR, not sure about continuous 5 years eligibility criteria
my immigration history is as following
HSMP leave to remain - 02/11/2007 to 02/11/2009
tier 1 extension - 26/11/2009 to 26/11/2012
tier1 general extension, application returned as invalid due to photographs on 02/11/2009, re applied as fresh application,approved
so basically there is a gap of 24 days. can this gap cause trouble for ILR? if yes what prep should I do
thanks in advance
Posted: Thu Sep 20, 2012 8:15 pm
by geriatrix
On what date did you re-apply?
Posted: Fri Sep 21, 2012 6:07 am
by wpilr_nov12
sushdmehta wrote:On what date did you re-apply?
6/11/09 per above #1
Posted: Fri Sep 21, 2012 10:06 am
by sntp_uk
thanks sushdmehta and wpilr_nov12 for looking into it.
be specific, I got application invalid letter dated 02/11/2009 from UKBA
and when re applied got acknowledgement letter dated 06/11/2009 from UKBA
I dont remember the exact date but I think I posted fresh application on 04/11/2009
hope this makes sense
thanks again
Posted: Fri Sep 21, 2012 10:18 am
by geriatrix
Ah! Missed that detail.
If the application was sent after 02-Nov-09 nd you had to pay for it then the application was technically out-of-time with a period of overstay from 02-Nov-09 to 25-Nov-09 (thereby breaking the 5 years lawful residence requirement for settlement).
That said, it all depends on the caseworker. Some overlook it and grant ILR but some don't.
Posted: Fri Sep 21, 2012 11:31 am
by yallow
have a look at
http://www.ukba.homeoffice.gov.uk/sitec ... r-1oct2012
Not sure if it's relevant to your case though...
Posted: Fri Sep 21, 2012 12:25 pm
by geriatrix
The articles refers to "being overstayer" at the time of application to be submitted from 01-Oct-12. The issue here is regarding an ILR application with a possible period of overstay in the past.
Posted: Fri Sep 21, 2012 12:28 pm
by sntp_uk
thanks for input sushdmehta and yallow
is there anything I could do to avoid any delays or adverse decision from UKBA ? this complications have been created due to invalid photos.
thanks
Posted: Wed Oct 10, 2012 9:29 pm
by sntp_uk
ILR approved no questions asked, if anyone in similar situation don't panic and good luck
Posted: Fri Oct 26, 2012 8:29 pm
by rneeta
Hi sntp_uk,
Thanks for your update. Which PEO did you go to? I also have similar complication as they changed Dependent's form on the day they received application.
Thanks
neeta
Posted: Fri Oct 26, 2012 8:43 pm
by geriatrix
PEO Croydon