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10 year ILR Gaps between visas

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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mjkiajy2
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10 year ILR Gaps between visas

Post by mjkiajy2 » Mon Apr 12, 2021 10:32 pm

Hello,

I have question regarding to gaps between visas. Currently, I have already got a 6 and half year tier 4 student visa. My current visa 4 expires on 28/03 and I am currently holding an 'exceptional assurance' in the UK. I will have another skilled worker visa from July. There are two questions I would like to ask.
1.There is a gap between my previous visa and the next for about 3/4 months and this will be the time I am holding an exceptional assurance. Will this be counted as a gap?
2. Is that the case by the time I submit my new visa application online, I can be regarded as a valid legal stay in the UK?

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zimba
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Re: 10 year ILR Gaps between visas

Post by zimba » Tue Apr 13, 2021 8:56 am

1. No gap. If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. You must then apply for a new visa before the end of such a period.
https://www.gov.uk/guidance/coronavirus ... -residents

2. If you apply before visa/permit expiry, you will be protected under section 3C as lawful resident
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Tue Apr 13, 2021 2:55 pm

Thanks a lot!! All the best!!

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Tue Apr 13, 2021 3:00 pm

Sorry just to confirm, for your reply on question 2. When you said apply, does it mean send application online?

Kind regards

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zimba
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Re: 10 year ILR Gaps between visas

Post by zimba » Tue Apr 13, 2021 3:10 pm

mjkiajy2 wrote:
Tue Apr 13, 2021 3:00 pm
Sorry just to confirm, for your reply on question 2. When you said apply, does it mean send application online?

Kind regards
The date of application is the date of online submission
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Tue Apr 13, 2021 4:01 pm

Thanks Zimba for your quick reply!!

I still have another question regarding to a 'Notice of intention to serve a penalty notice' I got at Heathraw airport end of January this year.

I arrived in the UK without presenting Passenger Locator Form, and the border force have issued me a piece of paper called 'Notice of intention to serve a penalty notice' (This is not the actual penalty notice). The border force explained to me whether to serve a penalty notice would need to be determined by Home Office. However, it has been more than 2 months I still have not received the penalty notice.

I have tried all means to ask for any updates either through police or border force of this penalty notice as I would like to pay it ASAP to avoid black record but it has not went well. I don't know whether the penalty notice has been lost on the way or it has not been sent out from the beginning.

I am applying skilled worker visa soon, I wonder if I am should disclose this with my employer and also on the application form of the new visa.

Kind regards,

Jianan

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zimba
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Re: 10 year ILR Gaps between visas

Post by zimba » Tue Apr 13, 2021 11:46 pm

This is not important at all. Ignore it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Wed Apr 14, 2021 4:11 pm

This could be a fine of 500 pounds which makes me really worried. :cry:

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zimba
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Re: 10 year ILR Gaps between visas

Post by zimba » Thu Apr 15, 2021 10:19 am

mjkiajy2 wrote:
Wed Apr 14, 2021 4:11 pm
This could be a fine of 500 pounds which makes me really worried. :cry:
ILR is unaffected by FPNs, even if issued.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Thu Apr 15, 2021 9:29 pm

Thanks for your reply.

How about applying for skilled worker visa? I remember there is a section on the application form where I need to disclose all the penalties I have been given before when applying for skilled worker visa. I don't know whether in my case I should disclose it or not because there may be the case the penalty notice have already been lost and I will be facing conviction.

Kind regards,

Jianan

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Re: 10 year ILR Gaps between visas

Post by zimba » Fri Apr 16, 2021 12:58 am

mjkiajy2 wrote:
Thu Apr 15, 2021 9:29 pm
Thanks for your reply.

How about applying for skilled worker visa? I remember there is a section on the application form where I need to disclose all the penalties I have been given before when applying for skilled worker visa. I don't know whether in my case I should disclose it or not because there may be the case the penalty notice have already been lost and I will be facing conviction.

Kind regards,

Jianan
You do not have any fines. You do not have to disclose anything. You are really overthinking this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mjkiajy2
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Re: 10 year ILR Gaps between visas

Post by mjkiajy2 » Fri Apr 16, 2021 8:55 am

Thanks for your reply!! Have a good weekend!

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