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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
1. Can you please keep your questions in your own topic instead of digging up older threads to tag onto.
https://www.gov.uk/guidance/immigration ... categoriesCalculating absence from the UK
You must check carefully:
• information on the application form
• any UK exit and entry stamps in the passports
• the landing cards section on warehouse to confirm when the applicant entered
the UK
You must be satisfied there is enough evidence to show the applicant has been in
the UK continuously for 10 years required under the rules
Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:
• the applicant must have at least 10 years continuous lawful residence in the UK
• there must be no reason why granting leave is against the public good
• the applicant must meet the knowledge of language and life requirement
• the applicant must not fall for refusal under the general grounds for refusal
• the applicant must not be in breach of immigration laws, except
o for any period of overstaying for 28 days or less which will be disregarded
where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less
granted in accordance with paragraph 39E of the immigration rules – for
more information on overstaying, see applications from overstayers (non
family routes).
Periods of overstaying
When refusing an application on the grounds it was made by an applicant who had
overstayed by more than 28 days before 24 November 2016, you must consider any
evidence of exceptional circumstances which prevented the applicant from applying
within the first 28 days of overstaying.
The threshold for what constitutes ‘exceptional circumstances’ is high, but could
include delays resulting from unexpected or unforeseeable causes. For example:
• serious illness which meant the applicant or their representative was not able to
submit the application in time – this must be supported by appropriate medical
documentation
• travel or postal delays which meant the applicant or their representative was
not able to submit the application in time
• inability to provide necessary documents – this would only apply in exceptional
or unavoidable circumstances beyond the applicant’s control, for example:
o it is the fault of the Home Office because it lost or delayed returning travel
documents
o there is a delay because the applicant cannot replace their documents
quickly because of theft, fire or flood – the applicant must send evidence of
the date of loss and the date replacement documents were sought
Any decision to exercise discretion and not refuse the application on these grounds
must be authorised by a senior caseworker at senior executive officer (SEO) grade
or above.
When granting leave in these circumstances, the applicant must be granted leave
outside the rules for the same duration and conditions that would have applied had
they been granted leave under the rules.
Dear CR001CR001 wrote: ↑Fri Jun 21, 2019 9:15 amTopics Merged (please click the link to read the forum rule)!!
CR001 wrote: ↑Fri Jun 21, 2019 9:15 amTopics Merged (please click the link to read the forum rule)!!
Well done and thank you for creating more confusion.CR001 wrote: ↑Tue Jul 30, 2019 9:00 amCR001 wrote: ↑Fri Jun 21, 2019 9:15 amTopics Merged (please click the link to read the forum rule)!!
The Board's rules are set for a reason...and contrary to what you may believe, they are not set by the Moderating team. Our (voluntary, unpaid) role on the forum is to ensure they are adhered to.
Queries are posted as new when someone's got new information? Where are all my post?
Is this relevant to my comment pointing out that all moderators/members are bound by the Rules of the Board set by the Administrator?dan883 wrote: ↑Fri Aug 30, 2019 9:48 amQueries are posted as new when someone's got new information? Where are all my post?
You can't expect to be paid to bully someone.