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ILR Long residence- Break

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Lise
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Gaps- ILR ten years route

Post by Lise » Wed Dec 12, 2018 1:22 pm

Hi All,

Need some help as I’m preparing for my ILR application ten years route. I arrived on student visa on 16 Feb 2009. (Student visa from 09 Feb 2009)

My query is about two gaps
21-Jul-15 to 17-Jan-16 (179 days-Went for holiday but due to complications in pregnancy had to undergo emergency cesarean in India and baby was in special care unit)
11-May-16 to 05-Nov-16 (177 days- Left UK before Tier 1 visa was due to expire on 13 May 2013 and returned to UK on student visa on 05 Nov 2016)

My solicitor said more than 180 days is an issue. Can you please advise if this is going to be a problem?

Many thanks

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Re: Gaps- ILR ten years route

Post by Zimba » Fri Dec 14, 2018 1:41 am

If you left with valid visa every time and returned within 6 months you should be fine
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Lise
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Re: Gaps- ILR ten years route

Post by Lise » Thu Jan 10, 2019 10:35 pm

Many thanks for the reply. :)

A couple more queries,
Can my husband, who had various dependent visas for ten years apply before I apply?
Even though his visa was granted on 24 March 2009, he only received it in the first week of May 2009 and arrived the UK on 13 May 2009. Can he apply any time after 25 Feb 2019 as per the 28 days in guidance?

Also any idea about current processing times for ILR-LR route?

Thank you so much

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Re: Gaps- ILR ten years route

Post by CR001 » Thu Jan 10, 2019 10:55 pm

Lise wrote:
Thu Jan 10, 2019 10:35 pm
Many thanks for the reply. :)

A couple more queries,
Can my husband, who had various dependent visas for ten years apply before I apply?
Even though his visa was granted on 24 March 2009, he only received it in the first week of May 2009 and arrived the UK on 13 May 2009. Can he apply any time after 25 Feb 2019 as per the 28 days in guidance?

Also any idea about current processing times for ILR-LR route?

Thank you so much
He residence for 10 year long residence ILR starts from the date he ENTERED the UK in 2009 and not from visa start date.

Eaxh person applying for ILR long residence has to meet the requirements individually.
Char (CR001 not Casa)
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Lise
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Re: Gaps- ILR ten years route

Post by Lise » Fri Jan 11, 2019 11:09 am

Thank you for the reply.

I thought can apply within the 28 days of the qualifying period as per below from the guidance.

You can grant an application if it is considered 28 days or less before the applicant
completes the required qualifying period, provided they meet all the other rules for
long residence.


Please advise, thanks a lot!

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Re: Gaps- ILR ten years route

Post by CR001 » Fri Jan 11, 2019 12:14 pm

You can apply no sooner than within 28 days before the 10th anniversary of the date of entry to the UK.
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ILR Long residence- Break

Post by Lise » Thu Mar 21, 2019 10:54 am

Hi All,

Need your valuable advice on breaks for ILR- LR

My Tier 1 was valid till 13 May 2016 but left the UK on 11 May 2016 and applied for a student visa on 24 October 2016. Visa was granted on 28 October 2016 and arrived UK on 05 Nov 2016.
Is my continuous /lawful residence broken?
Was going through the guidance and it has sections explaining Breaks in continuous residence and Breaks in lawful residence and got very confused.

Please advise, thank you so much

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Re: ILR Long residence- Break

Post by CR001 » Thu Mar 21, 2019 11:13 am

The answers have not changed since you asked the question in January.

Lawful residence = holding valid visas for the whole time you are IN the UK.

Continuous residence = no absence of 180 days or more.
Char (CR001 not Casa)
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Re: ILR Long residence- Break

Post by Lise » Thu Mar 21, 2019 5:39 pm

Thanks a lot for clarifying CR001.

My solicitor keeps saying as per current rules, I should have submitted my new visa application within 28 days of 13 May 2016, hence I reposted the question.

Thank you

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Re: ILR Long residence- Break

Post by CR001 » Thu Mar 21, 2019 6:23 pm

Lise wrote:
Thu Mar 21, 2019 5:39 pm
Thanks a lot for clarifying CR001.

My solicitor keeps saying as per current rules, I should have submitted my new visa application within 28 days of 13 May 2016, hence I reposted the question.

Thank you
That only applies if you left the UK with no valid visa, ie after a failed appeal for example.
Char (CR001 not Casa)
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Re: ILR Long residence- Break

Post by Lise » Fri Mar 22, 2019 6:17 pm

Thanks again for clarifying!

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Re: ILR Long residence- Break

Post by Lise » Mon Mar 25, 2019 5:44 pm

Hi, Just one more question - If applying through solicitors make any difference to the outcome?

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Re: ILR Long residence- Break

Post by CR001 » Mon Mar 25, 2019 6:33 pm

No it does not. A solicitor has absolutely mo influence on the outcome. All you will be is poorer for paying their fees for them to be a form filler.
Char (CR001 not Casa)
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Re: ILR Long residence- Break

Post by Lise » Mon Mar 25, 2019 6:37 pm

Thank you CR001

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Re: Gaps- ILR ten years route

Post by Atif786 » Mon Apr 15, 2019 10:50 am

Lise wrote:
Fri Jan 11, 2019 11:09 am
Thank you for the reply.

I thought can apply within the 28 days of the qualifying period as per below from the guidance.

You can grant an application if it is considered 28 days or less before the applicant
completes the required qualifying period, provided they meet all the other rules for
long residence.


Please advise, thanks a lot!
Hi Lise, i have just seen that your Set Lr has been Approved through Super Priority Services, i am having a problem uploading documents if you can help me with it plz.
i have Submitted my Set LR application and got an appointment for Tuesday 8:30 Croydon,
i am really concerned about documents upload section on Sopra website as it gives me 2 options
Mandatory documents and optional documents,
under mandatory there is no list of documents to upload nor any option to upload documents,
however optional documents section does have list and sections to upload documents but all irrelevant to my application, don't know what to do , as i have very less time left , below is the snap shot , please advise.
51EB9107-A899-4C25-A418-F59BD7324E88.jpg
Snap shot
51EB9107-A899-4C25-A418-F59BD7324E88.jpg (182.2 KiB) Viewed 298 times
could you please advise if you have the same interface and options or did you have the list of mandatory documents and uploading section.
please reply asap.
Atif

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