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I have had a gap in my stay in the summer of 2009 from August to October as I was not able to get the documents in Due to some problems in the country I am from. I had explained this matter to the UKBA at the time hence the Grant of Leave. I went on and completed 10 years (in 2015) of lawful residence and got the FLR (LR). Then I went and passed the Life in the UK exam to get the ILR under the same category and applied in June 2015 it was refused bringing up the excuse of the gap which was previously mentioned and then tackled. I’m deeply distressed and saddened because of this treatment. I have appealed and waiting for the hearing and have been waiting for more than 8 month now. Is there anything that can be done? Please help

I have deleted the multiple posts you have made in very old threads and split your question to its own thread. Please see Multiple Posts (Click). Also, please do not dig up old threads and tag your question onto all of them.

You will need to wait for the outcome of the appeal.

When you say gap in visas, can you list your full immigration/visa history and if all were applied for inside the UK?

Hello thank you for getting back. The visas were all applied in the UK , expet the first one in 2004 which was issued in the british embassy In Tehran.

Can you provide a full immigration history

So something on the lines of visa/leave to remain from month/year to month/year, etc.

If you don't list each visa and dates, how is anyone suppose to understand why you say you have a 'gap'.

The issue is not the history of my visas, the issue is, I have been granted leave under the 10 years of lawful residence in april 2015 and when I went to apply for ILR under the same category of 10 years of lawful residence it was refused. I prefer not to open my life history on the internet

gap in my stay in the summer of 2009 from August to October

No one will be able to help and advise you if you are not prepared to give us some information. We are not mind readers and cannot possibly understand your circumstances from the very limited information you have provided.

If you have a 3 month gap between visas, then we will have to assume that HO was correct in refusing your ILR.

The issue is not the history of my visas, the issue is, I have been granted leave under the 10 years of lawful residence in april 2015 and when I went to apply for ILR under the same category of 10 years of lawful residence it was refused. I prefer not to open my life history on the internet

pay attention to the 10 years of lawful residence issued leave in 2015.

applied in June 2015 it was refused bringing up the excuse of the gap which was previously mentioned and then tackled.

This appears to be the reason for the refusal.

granted leave under the 10 years of lawful residence in april 2015 and when I went to apply for ILR under the same category of 10 years of lawful residence

This is unlikely to be the reason for refusal if you submitted everything on Set(LR). The application for FLR(LR) is just part of the step towards Set(LR), so not sure what you mean by 'pay attention to'. I don't play guessing games or try to solve riddles.

You chose to post your question on a public forum on the 'internet' and we are trying to help you but need a bit more information. If you choose not to at least give some detail, then I suggest you find an OISC advisor and pay the ridiculous fees for someone to help you.

If the real reason was a gap in visas, it is unlikely you will succeed in the appeal.

Last post on this, am out of this one.

Just for the benefit of anyone else who chooses to post, please also see below post from Feb 2015.

http://www.immigrationboards.com/genera ... l#p1148764

Mehr wrote:

vinny wrote:When did these issues happen?

I have actually been refused an application of ILR of continuous residence because 548 days of absence was calculated( some of the days of arrival or departure was included in their calculation ) without them days it would be 539.
I'm not given right to appeal ,I have been advised with JR was and a pre action letter to be send soon , but for some reason the solicitor is stalling not much time left . What shall i do???

Please Help ,Anyone

Mehr wrote:I have had a gap in my stay in the summer of 2009 from August to October as I was not able to get the documents in Due to some problems in the country I am from. I had explained this matter to the UKBA at the time hence the Grant of Leave.

According to this you were granted limited leave to remain in the UK. Unclear under which category this was at the moment.

Then I went and passed the Life in the UK exam to get the ILR under the same category and applied in June 2015 it was refused bringing up the excuse of the gap which was previously mentioned and then tackled.

It comes back to the gap you stated above. With the limited information shared around the circumstances of the gap, I don't think anyone will be able to advise whether that constitutes a break in your continuous residence for Indefinite leave to remain. Note that the ILR residence requirement is not something that comes into play when applying for limited leave to remain, which is what your previous applications appear to have been. The rules and requirements are different.

Hold on CR001...polishing the crystal ball.....

Casa wrote:Hold on CR001...polishing the crystal ball.....

It is polished and gleaming, but still not giving me the info

cs95tdg wrote:

Mehr wrote:I have had a gap in my stay in the summer of 2009 from August to October as I was not able to get the documents in Due to some problems in the country I am from. I had explained this matter to the UKBA at the time hence the Grant of Leave.

According to this you were granted limited leave to remain in the UK. Unclear under which category this was at the moment.

Then I went and passed the Life in the UK exam to get the ILR under the same category and applied in June 2015 it was refused bringing up the excuse of the gap which was previously mentioned and then tackled.

It comes back to the gap you stated above. With the limited information shared around the circumstances of the gap, I don't think anyone will be able to advise whether that constitutes a break in your continuous residence for Indefinite leave to remain. Note that the ILR residence requirement is not something that comes into play when applying for limited leave to remain, which is what your previous applications appear to have been. The rules and requirements are different.

It was an application of FLR LR (10 years of lawful residence) which was granted in april 2015.

Mehr wrote:It was an application of FLR LR (10 years of lawful residence) which was granted in april 2015.

Ok, not a path that I was familiar with but looked it up.
https://www.gov.uk/long-residence/apply-to-extend
As one of the moderators has indicated FLR LR is a step towards ILR under the LR route.

I've also just seen the other topic link above where you have stated the HO have miscalculated your absences & that you believe that's the reason for the HO ILR refusal.

No one will be able to comment on whether the HO calculation is accurate or not, as you haven't shared your absence details. The absences that applied to your ILR application would be counted from the date of that application. Whereas the absences for the FLR LR application would be counted from a different date, prior to that. They are independent applications from what I understand, though it may be true that one paves the way to the other.

I realise you are hesitant to publish personal details, but may be you'll consider posting the exact refusal text - removing any personal details for anyone to comment further.