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What's the problem with gaps between FLRs?

General UK immigration & work permits; don't post job search or family related topics!

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sunnyday
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What's the problem with gaps between FLRs?

Post by sunnyday » Mon Oct 29, 2007 5:51 pm

I've been reading a lot regarding this 'gap' or 'break' in between FLR visas. People have been rejected ILR because they were out of the UK and had days in between their visa renewals. Does anyone know what the conclusion is from the Home office now? Is it a definite No No answer now? or again does it depend on individual cases?


and is it true that students will no longer be eligible for ILR from next year? roughly when next year?

vinny
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What's the problem with gaps between FLRs?

Post by vinny » Mon Oct 29, 2007 10:24 pm

They have recently updated their policy. See also Chapter 18 - Long residence, Long residence (2.1.3 Time Spent Out of the United Kingdom)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sunnyday
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Post by sunnyday » Tue Oct 30, 2007 9:47 am

Hi Thanks.

I've read the document before, but has it been fully implemented (anyone got accepted ILR despite the break?)

Dawie
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Post by Dawie » Tue Oct 30, 2007 12:31 pm

The problem is that:

a) a gap in your flr can invalidate your qualification period for ILR and set your "clock" back to zero.

b) a gap in your flr while you are physically present in the UK indicates that during that gap you were illegally in the UK as you had no valid leave to remain.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

sunnyday
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Post by sunnyday » Tue Oct 30, 2007 1:20 pm

Hi,

Thanks. regarding problem A, has it been implemented fully throughout, setting clocks to zero? is it for sure that one gap will set the clocks to zero?

SYH
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Post by SYH » Thu Nov 01, 2007 11:31 am

sunnyday wrote:Hi,

Thanks. regarding problem A, has it been implemented fully throughout, setting clocks to zero? is it for sure that one gap will set the clocks to zero?
Like with any other decision, it is probably a case by case basis. No rule is absolute.

William Blake
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Post by William Blake » Tue Dec 18, 2007 9:02 pm

That's right it is not a forgone conclusion that the application will be refused on account of the gap but if you apply with a gap you have your work cut out for you as you will need very cogent and persuasive arguments to get the caseworker to overlook that gap. But if the case is as in my case that after ten years you feel this is your home then you should fight to live in that home. I say still apply. You may wanna see a solicitor to help with supporting documents. Get a good one as most of them are lazy - from my experience.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

VictoriaS
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Post by VictoriaS » Wed Dec 19, 2007 9:53 am

William Blake wrote: You may wanna see a solicitor to help with supporting documents. Get a good one as most of them are lazy - from my experience.
How do you know, you haven't met most of them!

Victoria
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William Blake
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Post by William Blake » Wed Dec 19, 2007 2:16 pm

Funny. What about the from my experience part of that sentence.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

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