Immigrationboards.com

I am hoping you can help me. My sister applied for ILR based on 10 years legal residency. She had a 5-6 week gap during her second year in the UK. Her application was refused (no surprise) but she was given the right to appeal.

Her tribunal is next week. It will be just 6 weeks until she has actually legally been here for 10 years without any gaps. What are the chances that her appeal will be granted? Will the judge use any discretion based on the fact she will be only weeks away from the 10 year legal stay with no gaps? Are there any cases she should read or be aware of which may help her case. She is not married nor does she have any kids. Her only family here is me and my wife and children. She obviously has integrated into society and works etc. She has never broken the law and there are no other complexities about the case, only that she had a gap in her application process (she was just 18 at the time and didn't realise the impact it would have in the future). I understand they are unlikely to grant the appeal due to the gap but wonder if the judge will use discretion due to the fact she will be mere weeks away from reaching the 10 years long stay.

Many thanks for any help

Very likely as the judge should consider the impending 10 years stay, even if she's refused, she'll have 28 days in which to apply for SET(LR) though such an application must be perfectly in order.