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10 years ILR.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Graceofgod
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Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

10 years ILR.

Post by Graceofgod » Thu Oct 04, 2012 10:02 pm

Dear all
I have been a silent reader of this forum for a while and found it to be very very useful and informative.
I will be completing my 10 years legal stay on 20th of November and would like to apply for ILR.I have got single gap of 6 days which occurred during one of the visa extensions in 2004. My visa was expiring on 28th October but I noticed it on the 1st and sent the documents on 4th of November.
I read on UKBA website that I am eligible to apply no more than 28 days before 20th November which will be on 23rd of October.
I have been told by my friend that I need to wait until I complete full ten years in the UK.
I am not sure what to do. I would like to apply as soon as possible.
I have already booked the flight to go to India for my sisters wedding in April 10th.
Please kindly advice in this matter.
Regards
Laxman

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Oct 04, 2012 10:18 pm

First, the wedding deadline might be a little too tight if you apply for ILR in late Oct or early Nov, based on current turnaround times.

CW can exercise discretion on one instance of overstay not exceeding 10 days.

You can also apply anytime 'after' you have a complete and clean 10 years.

And also you can apply during the 28 days leading to the completion of 10 years.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Thu Oct 04, 2012 10:18 pm

Long residence wrote:Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.
Life isn't fair, but you can be!

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Post by Graceofgod » Thu Oct 04, 2012 10:26 pm

wpilr_nov12 wrote:First, the wedding deadline might be a little too tight if you apply for ILR in late Oct or early Nov, based on current turnaround times.

CW can exercise discretion on one instance of overstay not exceeding 10 days.

You can also apply anytime 'after' you have a complete and clean 10 years.

And also you can apply during the 28 days leading to the completion of 10 years.
Thank you very much WPilr , If I apply on 23rd of October would that be fine as my visa is valid until June 2013.I have got a strong hope that I would get my passport back by the end of March.
lets see how it goes.
Regards
Laxman

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Post by Graceofgod » Thu Oct 04, 2012 10:31 pm

sushdmehta wrote:
Long residence wrote:Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.
Thank you Sushdmehta for outlining the guidance but my biggest concern is my 6 days visa gap.
Regards
Laxman

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Thu Oct 04, 2012 10:35 pm

Life isn't fair, but you can be!

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Entry stamp missing, onus on applicant to prove

Post by Graceofgod » Tue Oct 23, 2012 8:54 am

sushdmehta wrote:See Single gap in lawful residence.
Hi all
I have just noticed that there is no entry stamp on my passport for entry to the UK in 2004. I was out for 28 days , I have got arrival and departure
stamp on my passport stamped by Indian Immigration Authority.
Will that be enough to prove that I was out for 28 days or do I need any other documents.
I have read somewhere in this forum that UKBA has told an applicant that he should send additional documents to prove that he returned to the UK.
When applicant mentioned about having entry/exit stamps from destination country ,he was told that he could have gone to any other country.
My SAR disclosure does not have exit/entry informations but I found my attendance letter from the college I attended between September 2003 to September 2004 which is 80%.
Should I send that?
Apart from that I have not got any documents which can suggest my
I am looking for an advice as I am thinking of sending my application within this week.
Regards
Laxman

geriatrix
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Post by geriatrix » Sun Oct 28, 2012 2:24 am

Graceofgod wrote:Dear all
i need your help in filling the form Set(0) section 4 on 4.4 it says @ if you and/or your partner have not obtained one of the relevant qualifications ,are you claiming exemption from this requirement because a physical or other condition prevents you from taking LIUK or doing an ESOL course.....
As i have passed LIUK and my wife is not applying with me, should i leave the boxes blank or say no ......
I would be grateful for your help.
Regards
Laxman
Life isn't fair, but you can be!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Entry stamp missing, onus on applicant to prove

Post by geriatrix » Sun Oct 28, 2012 2:26 am

Graceofgod wrote:I have got arrival and departure
stamp on my passport stamped by Indian Immigration Authority.
Will that be enough to prove that I was out for 28 days or do I need any other documents.
Yes.
Life isn't fair, but you can be!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Sun Oct 28, 2012 2:28 am

sushdmehta wrote:As i have passed LIUK and my wife is not applying with me, should i leave the boxes blank or say no ......
I would be grateful for your help.
Why would you leave it blank (for yourself) when you meet the requirement - having passed the LITUK test?
Since there is no named dependant included in the form, the option for "your partner" needs to be left blank.
Life isn't fair, but you can be!

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Post by Graceofgod » Sun Oct 28, 2012 11:09 am

sushdmehta wrote:
sushdmehta wrote:As i have passed LIUK and my wife is not applying with me, should i leave the boxes blank or say no ......
I would be grateful for your help.
Why would you leave it blank (for yourself) when you meet the requirement - having passed the LITUK test?
Since there is no named dependant included in the form, the option for "your partner" needs to be left blank.
Thank you sushdmehta,
I have ticked yes to say yes about having passed LIUK in question 4.3 but question 4.4 goes on saying if i have not obtained one of the relevant qualifications, am i claiming exemption from requirements on medical grounds.
I think i should leave it blank but i get totally confused with the question starting with if and ending with yes or no.
regards
laxman

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