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visa gap for ILR - please HELP guys

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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learner300
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visa gap for ILR - please HELP guys

Post by learner300 » Wed Nov 08, 2017 4:07 pm

Hi guys, I have read the full guide of ILR 10 Years Residence but cannot find the following answers:

Is there a requirement to apply for a new visa within 28 days of my Tier 4 Student visa expiry date (I am not overstaying, and will leave before my visa expires on 30/11/2017) to not break the continuous lawful residence period in the UK ? (10 years long residence)
I intend to come back on a Tier 4 visa within 180 days, but might not be able to apply for a new visa 28 days from the date my current visa expires.

Thank you. I really appreciate your help.

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Re: visa gap for ILR - please HELP guys

Post by zimba » Wed Nov 08, 2017 4:26 pm

DO NOT repeatedly post your questions on several places on the forum :!: :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

learner300
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Re: visa gap for ILR - please HELP guys

Post by learner300 » Wed Nov 08, 2017 4:29 pm

Hi sorry I will not. I apologise for this.

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zimba
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Re: visa gap for ILR - please HELP guys

Post by zimba » Wed Nov 08, 2017 4:29 pm

Stick to this post for your questions
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

learner300
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Re: visa gap for ILR - please HELP guys

Post by learner300 » Wed Nov 08, 2017 4:55 pm

Yes thank you I will definitely do that. Can anyone please help me with this question ?

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zimba
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Re: visa gap for ILR - please HELP guys

Post by zimba » Wed Nov 08, 2017 5:29 pm

If you leave with a valid leave, you can come back in 180 days and your long residence will remain intact.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: visa gap for ILR - please HELP guys

Post by learner300 » Wed Nov 08, 2017 11:30 pm

zimba88 wrote:
Wed Nov 08, 2017 5:29 pm
If you leave with a valid leave, you can come back in 180 days and your long residence will remain intact.
Hi thank you very much for your answer. The problem is when I'm outside the UK, it will take me more than 28 days to apply for a new visa (leave), even though I will come back within 180 days. Does that mean having a gap ? Here, page 19 in the Long Residence 10 years guide have mentioned this example for "out of time application":

https://www.gov.uk/government/uploads/s ... -v15_0.pdf
Example of out of time applications
Example 1
A person has leave to enter as a student, valid until 31 July 2016. The person
submits an out of time application for leave to remain on 15 September 2016. The
person is granted leave as a student on 15 October 2016.
Question Is there a break in their lawful residence under the 10 years long
residence rules?
Answer Yes, the person submitted an out of time application. The person has a
break in their continuous lawful residence, from the date their leave
expired on 31 July 2016, until the date they were granted leave as a
student on 15 October 2016.

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zimba
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Re: visa gap for ILR - please HELP guys

Post by zimba » Thu Nov 09, 2017 12:46 am

That is not relevant to you as you will be making a fresh application after leaving the UK with a valid leave (no overstaying). See example 2 on page 14
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: visa gap for ILR - please HELP guys

Post by ishfaqsangra » Thu Nov 09, 2017 5:52 am

Is this the case for a dependant as well?

Left country as PSW dependent on 1st January 2014 with valid leave till 23rd March 2014.
Stayed there and submitted fresh entry clearerace on 5th May(42 days after expiry)as Tier1E dependant and entered on 29th May 2014.

Thanks

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Re: visa gap for ILR - please HELP guys

Post by CR001 » Thu Nov 09, 2017 10:38 am

ishfaqsangra wrote:
Thu Nov 09, 2017 5:52 am
Is this the case for a dependant as well?

Left country as PSW dependent on 1st January 2014 with valid leave till 23rd March 2014.
Stayed there and submitted fresh entry clearerace on 5th May(42 days after expiry)as Tier1E dependant and entered on 29th May 2014.

Thanks
Can you please not tag your questions onto other members topics. It is considered rude and is unfair to the OP. Please continue in your own topic.
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learner300
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Re: visa gap for ILR - please HELP guys

Post by learner300 » Thu Nov 09, 2017 1:04 pm

zimba88 wrote:
Thu Nov 09, 2017 12:46 am
That is not relevant to you as you will be making a fresh application after leaving the UK with a valid leave (no overstaying). See example 2 on page 14
Thank you so much zimba88. Can I also ask this about the example you gave me: in example 2 page 14, they did not mention whether the student overstay and only used the term "out of time application", so does it mean "out of time application" mean the person has overstayed ? I'm confused about the term.

Thank you very much !

Best.

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Re: visa gap for ILR - please HELP guys

Post by CR001 » Thu Nov 09, 2017 2:15 pm

If you leave the UK with a valid visa and it expires while you are in your home country, you DO NOT overstay as you are NOT in the UK.

Out of time application means applying for a visa WITHIN the UK after a previous visa has expired.
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Re: visa gap for ILR - please HELP guys

Post by zimba » Thu Nov 09, 2017 4:18 pm

As explained above, an out of time application is an application within the UK from an OVERSTAYER. :!: Not relevant to people who left with valid visa and never overstayed
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

learner300
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Re: visa gap for ILR - please HELP guys

Post by learner300 » Thu Nov 09, 2017 10:55 pm

CR001 wrote:
Thu Nov 09, 2017 2:15 pm
If you leave the UK with a valid visa and it expires while you are in your home country, you DO NOT overstay as you are NOT in the UK.

Out of time application means applying for a visa WITHIN the UK after a previous visa has expired.
Thank you for your answer !

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Re: visa gap for ILR - please HELP guys

Post by learner300 » Thu Nov 09, 2017 11:24 pm

zimba88 wrote:
Thu Nov 09, 2017 4:18 pm
As explained above, an out of time application is an application within the UK from an OVERSTAYER. :!: Not relevant to people who left with valid visa and never overstayed
Thank you for your answer zimba88 ! This has helped me a lot in deciding what to do.

I would like to ask about the maximum period of absence from the UK, is it calculated as 6 months or 180 days ? Because if I leave on 28/11/2017, does that mean I have to be back within 6 months on the calendar (which is 28/5/2017), or do I have to be back within 180 calendar days of that time (so that would be a different day, not 28/5/2017 ?

Please help me.

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Re: visa gap for ILR - please HELP guys

Post by CR001 » Fri Nov 10, 2017 9:41 am

180 days.
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