Please help, breaks in my continuous residency

I am planing to apply my ILR (10 years residency), in my very first year of study I apply my visa 9 days out of time, it was just because I was unfamiliar with the procedure and I also didnt know I had to get there very early in the morning to queue for entry ticket, so I missed it and had to return another days etc, hence total 9 days out of time.

Is is better to get a lawyer to sort it out?
Do they get special slot in HO to sort out application quicker?

Many thanks.

tbbcuk wrote:I am planing to apply my ILR (10 years residency), in my very first year of study I apply my visa 9 days out of time, it was just because I was unfamiliar with the procedure and I also didnt know I had to get there very early in the morning to queue for entry ticket, so I missed it and had to return another days etc, hence total 9 days out of time.

Is is better to get a lawyer to sort it out?
Do they get special slot in HO to sort out application quicker?

Many thanks.

As per guide, If it is a single in lawful residence through making one single previous application out of time by few days (not more than 10 calender days), caseworker should use discretion granting ILR. Hence you should be fine.

Any one had similar case and got ILR at the end??

Another question, in 2003 I posted my application 3 days before the expiry date of my visa, Home Office received it on the next day (I still got the letter), however, when they posted me back the passport the stamp was made 18 days after the expiry date, does it count as a break at all??

I am actually planning to submit my application in Nov, and I am going abroad for holiday in Oct, can I do my Life in the UK test in Sept and use it for Nov? Does it matter if I apply 2 months after I passed the test?

tbbcuk wrote:Any one had similar case and got ILR at the end??

Another question, in 2003 I posted my application 3 days before the expiry date of my visa, Home Office received it on the next day (I still got the letter), however, when they posted me back the passport the stamp was made 18 days after the expiry date, does it count as a break at all??

I am actually planning to submit my application in Nov, and I am going abroad for holiday in Oct, can I do my Life in the UK test in Sept and use it for Nov? Does it matter if I apply 2 months after I passed the test?

As far as I am concerned, you have no issue with single gap which is very clearly described in the guide, refer ILR long residence guide.

If HO received your application before expiry of your FLR, your current status will continue after expiry your FLR and until the decision is made. Hence, it is not break in your residence.

The Life in UK pass certificate does not have any expiry date. You can give test anytime.

I got one off chance to contact an OISC adviser, I told her I got 1 single 9 days gap in my 10 years residency, she said I should wait, or may loss the fee.

I am worried now, should I wait or should I go ahead?

she said someone with 3 days gap has been rejected before, this make me worrying.

Can anyone give me some insight??
Should I wait?
Should I get a solicitor to help me??

any one can give me some ideas what to do?

Apply.

you think i will be ok?? iam really worried...

If you read the 10 year thread above, you'll see that there are one or two people who have applied with gaps similar to yours.

I was turned down on similar case Last week. on 2 occassions the home office took their sweet time to issue my visa and they still quoted that as an out of time application although it was their fault!! I say find an immigration advisory service near you or community legal service and ask if they have an "immigration specialist" to offer you advice. you may get it free depending on your circumstance. GOOD LUCK

Regarding my break, I got one point want to add:

I arrived UK Oct 2000, got some problem in airport, they kept my passport, and in Nov 2000 they stamped my passport with 2 months extension till Jan 2001. It was in Jan 2001 that I applied my visa 9 days out of time.

So instead of applying in Oct 2010, anyone here think I should just wait until Jan 2011 when I am free of any gaps??

As we can apply 28days ahead, that mean I can apply in Dec 2010.

So should I wait or go ahead in Oct??? please give me some guide!!!!

So any member think I should wait till no gap in Jan 2011?

I just manage to email a immigration advisor, he said if I want to wait till Jan 2011, its better not start to apply in Dec 2010 because:

"apply up to 28 days before the qualifying period complete is normally used where the applicant doesn't have a previous visa (and gap)"

Is that ture?

Please give me some advise, as I have something plan ahead already, I want to apply ILR as soon as I can.
Thank you.