43 days gap on EC and new rule for settlement question

[gerard820]

Hi all,

Just want to ask regarding this new set of rules that I have read in the UKBA website that is if you have a gap less than 3 months from the date of entry before the current leave expires you can still apply for ILR. I just ask this because i have wrote before in this forum regarding my wifes gap on her visa. Entry clearance granted 8/9/06, arrived in UK 23/10/06, Work permit Holder Visa expires 8/9/11. Is this means she can now apply for ILR without extending her visa or she still needs extension? Thanks and more power to this forum.


"5.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months"

[gerard820]

hi,
can any one clarify regarding new rules for settlement. it will be big help to us. Thanks.

[grinconesmo]

Can anyone reply to this????

[gerard820]

Hi,

I have called UKBA last friday(8/4/11), the woman I have talk said my wife still needs extension. I have read to her the excerpt from the new law that was published on their website, but she explained that she is eligible to apply for ILR this year 28 days before she arrived in UK and that is 23/10/11 because she arrived 23/10/06, but her visa will expire then, thats why she said she need extension. I assume that the woman I've talk is not updated yet to their new rules because their are many rules that they have revised that they might not absorb it straight away or I am just wrong because this new rule only applies to tier2 migrants. But again their new rules are conflicting on their "28 days" qualification if it applies to WP as well.
This year there are lots of work permit holder like my wife will apply for extension or ILR and any comments and opinion are very much appreciated regarding this new rules for having gap before entry clearance. Thanks.

[[iD]]

Hi all,

Just want to ask regarding this new set of rules that I have read in the UKBA website that is if you have a gap less than 3 months from the date of entry before the current leave expires you can still apply for ILR. I just ask this because i have wrote before in this forum regarding my wifes gap on her visa. Entry clearance granted 8/9/06, arrived in UK 23/10/11, Work permit Holder Visa expires 8/9/11. Is this means she can now apply for ILR without extending her or she still needs extension? Thanks and more power to this forum.

23/10/11?? please check the dates you posted.


"5.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months"

[gerard820]

Hi [iD],

Sorry for the typo, she arrived 23/10/06 not 23/10/11 that I wrote before on this forum.
regards,