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i. I wonder if someone can help me with the query/worry I have regarding my ILR which is due next year May. I entered UK on the 29th may 2009 on a tier 4 general visa which was valid for a year and 4 months.
ii. I then made an application for tier 4 general student visa within time to continue my course. My leave to remain was successfully granted and was valid till the 20th September 2011.
iii. I then applied for tier 4 general student visa on the through the same day service on the 1st February 2012 which was out of time application with a reason given that the initial attempt to pass English exam did not succeed and I had to re-sit for English exam and my leave to remain was granted on the 16th April 2012 Valid till 20th April 2014.
(More in brief: I sat for my English exam IELTs before my visa was due to expire and to enrol on to a new course. Due to initial attempt to pass English exam did not succeed, my university refused to enrol me on to a new course or issue a CAS letter as per the HO requirement. I then had no other option than to wait for the next available date to sit for an English exam (IELTS) which was hard to get as it was busiest academic year of the time, but I still managed to get my English exam done with meeting the requirement and then enrol myself into a different institution with a valid CAS but there was a massive Gap between my leave to remain expired till the next visa got granted.)
iv. I then applied for a Tier 4 student visa in 2012 which successfully got granted and was valid until 31st May 2014.
v. I then applied for a Tier 4 student visa in 2014 for a Masters course which was successfully granted with a leave to remain until the 30th Sept 2016.
vi. I then switched to a tier 2 general visa which is now due to expire in Dec 2019.
So my query is that am I still eligible to apply for ILR under the 10 years long residence although I had a gap between my stay with a valid reason and explanation to HO which resulted into a positive outcome of a leave to remain was granted.
Can I still apply?
Will I get a chance to appeal against the decision in case the application gets refused?
I would really your honest answer on this.

Smmarjit22 wrote: ↑

Wed Mar 07, 2018 5:11 pm

My leave to remain was successfully granted and was valid till the 20th September 2011.
iii. I then applied for tier 4 general student visa on the through the same day service on the 1st February 2012

No. The continuity of the leave will have been broken. Regardless of the reason, you were in the UK for a period of almost six months without the leave to remain. Therefore, your Long Residence clock will have reset at that time.

Currently on TIER 2 GENERAL VISA and will be completing my 10 years long residency on the 29th May 2019 .I want to enquire if a person has completed 10 years residence in the UK and applies for FLR (LR) which is a temporary Leave to Remain application but has a Simple Caution (non-custodial sentence) within the 2 months preceding the application, will the FLR (LR) application be refused or can be accepted? Also for this application do you get in-country appeal rights?



Yours faithfully,

Smmarjit22 wrote: ↑

Thu Apr 11, 2019 11:50 am

Currently on TIER 2 GENERAL VISA and will be completing my 10 years long residency on the 29th May 2019 .I want to enquire if a person has completed 10 years residence in the UK and applies for FLR (LR) which is a temporary Leave to Remain application but has a Simple Caution (non-custodial sentence) within the 2 months preceding the application, will the FLR (LR) application be refused or can be accepted? Also for this application do you get in-country appeal rights?



Yours faithfully,

I have merged your topics.

secret.simon wrote: ↑

Wed Mar 07, 2018 6:28 pm

Smmarjit22 wrote: ↑

Wed Mar 07, 2018 5:11 pm

My leave to remain was successfully granted and was valid till the 20th September 2011.
iii. I then applied for tier 4 general student visa on the through the same day service on the 1st February 2012

No. The continuity of the leave will have been broken. Regardless of the reason, you were in the UK for a period of almost six months without the leave to remain. Therefore, your Long Residence clock will have reset at that time.

Hi,

Thanks for your reply . I agree that I have a gap and it was due to unavoidable circumstances .
According to HO " Any application made before 24 nov 2016 , when refusing an application on the grounds it was made by an applicant who has overstayed by more than 28 days , the HO must consider any evidence of exceptional circumstances which prevented the applicant from applying within the first 28 days of overstaying "
I understand that the threshold for what constitutes 'expectional circumstances' is high but could include delays resulting from unexpected and unforseeable cause .inability to provide necessary documents - this wold only apply in exceptional or unavoidable circumstances beyong the applicants control -

So considering the unavoidable circumstance of mine where I enrolled for my 3rd year of my academic year and my visa was expiring on the 29th september 2011 and I was required to provide a english language test ( requirement to obtain a CAS) with a minimum of 5.5 band and I got 5 bands and sat for my my next IELTS before my leave expired which is the 14th september and I didnt receive the result for 5 weeks and IELTS , themselve confirmed the delay but the uni I enrolled formy 3rd year refused to issue a CAS even though I was just a day late to return to the uni with my IELTS results (5.5 band ) . So after finding a University where I could enroll my self to finish my studies ,I was issued a CAS in NOV 2011 and I applied with the same day service in Feb and my application was granted .


So my argue here would be here that it was not in my hand to produce the ielts result which took longer than expected and they should consider my private life and my relationship with a british citizenship . And due to my caution refusal is a must but they should consider the FLR (LR ) .

i. I wonder if someone can help me with the query/worry I have regarding my ILR which is due next year May. I entered UK on the 29th may 2009 on a tier 4 general visa which was valid for a year and 4 months.
ii. I then made an application for tier 4 general student visa within time to continue my course. My leave to remain was successfully granted and was valid till the 20th September 2011.
iii. I then applied for tier 4 general student visa on the through the same day service on the 1st February 2012 which was out of time application with a reason given that the initial attempt to pass English exam did not succeed and I had to re-sit for English exam and my leave to remain was granted on the 16th April 2012 Valid till 20th April 2014.
(More in brief: I sat for my English exam IELTs before my visa was due to expire and to enrol on to a new course. Due to initial attempt to pass English exam did not succeed, my university refused to enrol me on to a new course or issue a CAS letter as per the HO requirement. I then had no other option than to wait for the next available date to sit for an English exam (IELTS) which was hard to get as it was busiest academic year of the time, but I still managed to get my English exam done with meeting the requirement and then enrol myself into a different institution with a valid CAS but there was a massive Gap between my leave to remain expired till the next visa got granted.)
iv. I then applied for a Tier 4 student visa in 2012 which successfully got granted and was valid until 31st May 2014.
v. I then applied for a Tier 4 student visa in 2014 for a Masters course which was successfully granted with a leave to remain until the 30th Sept 2016.
vi. I then switched to a tier 2 general visa which is now due to expire in Dec 2019.
So my query is that am I still eligible to apply for ILR under the 10 years long residence although I had a gap between my stay with a valid reason and explanation to HO which resulted into a positive outcome of a leave to remain was granted.
Can I still apply? Will HO disregard a single gap which occured due to unavoidable circumstances .