Immigrationboards.com

Hi all,

Can i apply for ILR under 10 years rule as an overstayer for less than 28 days?

Will it harm my chances in any way.

Before you ask, im thinking in advance of the potential scenario where my current visa would expire (while my ILR app is being considered). If they let me know AFTER my current visa has expired, can i at least apply again while being an overstayer?

cheers

10-year long residence requires continuous legal leave. However, there is discretion to disregard a single gap of up to 10 days.

Moreover, if you make a valid in-time application, then there will not be a gap, as your leave will be treated as continuing under section 3C.

thanks Vinny.

maybe i will be able to explain my hypothetical situation better in following way.

1) 1 October 2012: 10-year qualifying period completed and new app submitted
2) Current visa valid until 1 November 2012
3) Receive rejection on 1 December 2012
4) Have not overstayed from 1 November 2012 to 1 December 2012 thanks to Section 3C.
5) Submit new ILR app on 15 December 2012: but thats more than 10 days after 1 December 2012 (when i received rejection) as an 'overstayer' so my app will be refused. is that correct?

Real uncertainty is about the fact when my ILR app would be successfull as current waiting times suggest anytime between 3 to 4 months!

Thanks for reading it.

arsenal49 wrote:thanks Vinny.

maybe i will be able to explain my hypothetical situation better in following way.

1) 1 October 2012: 10-year qualifying period completed and new app submitted
2) Current visa valid until 1 November 2012
3) Receive rejection on 1 December 2012
4) Have not overstayed from 1 November 2012 to 1 December 2012 thanks to Section 3C.
5) Submit new ILR app on 15 December 2012: but thats more than 10 days after 1 December 2012 (when i received rejection) as an 'overstayer' so my app will be refused. is that correct?

Real uncertainty is about the fact when my ILR app would be successfull as current waiting times suggest anytime between 3 to 4 months!

Thanks for reading it.

Its difficult to understand this. Can you write it again. The dates are off. Is it really 2012, or you want to type some other year?

quantum1 wrote:

arsenal49 wrote:thanks Vinny.

maybe i will be able to explain my hypothetical situation better in following way.

1) 1 October 2012: 10-year qualifying period completed and new app submitted
2) Current visa valid until 1 November 2012
3) Receive rejection on 1 December 2012
4) Have not overstayed from 1 November 2012 to 1 December 2012 thanks to Section 3C.
5) Submit new ILR app on 15 December 2012: but thats more than 10 days after 1 December 2012 (when i received rejection) as an 'overstayer' so my app will be refused. is that correct?

Real uncertainty is about the fact when my ILR app would be successfull as current waiting times suggest anytime between 3 to 4 months!

Thanks for reading it.

Its difficult to understand this. Can you write it again. The dates are off. Is it really 2012, or you want to type some other year?

Just realised its a hypothetical situation, so please forget what I wrote earlier. From my understanding, once you have accrued the 10 years of continuous legal stay, It is possible to send an application out of time and it will still be approved. If it is more than 6 months out of time then you will need a reason. I read it in the guidance somewhere.

a reference/link to this guidance note will be really appreciated .

thanks in advance

This page tells you about ‘out-of-time’ applications submitted for 10 years long residence
applications.
There is no requirement for applications for indefinite leave to remain (ILR) to be made ‘intime’ under the 10 years long residence rules.
Out of time applications
Out of time applications can qualify for a grant of ILR, providing the applicant has:
• previously built up an unbroken 10 year period of continuous lawful residence in the
UK before their leave expired, and
• meets all the other criteria of the 10 year long residence rules.
If the applicant does not meet the above conditions, you must refuse their application.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hi
If you have lawful residence until 1.10.12, there is no reason to worry.
You can also apply for ILR before 28 days before completing qualifying period.

mate,
why wait for "out of time application".
Apply before 28 days of qualifying period and keep your finger crossed.