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2 short gaps in ILR long residence

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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zchay3e
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Posts: 42
Joined: Tue Dec 07, 2010 2:39 pm

2 short gaps in ILR long residence

Post by zchay3e » Fri Apr 27, 2012 11:58 am

I have a quick query on behalf of a friend applying for 10 year ILR. He has just received his SAR file which showed two gaps:
- One by applying for student visa 15 days late in 2003 (forgot to send it in time)
- The other one happened when his tier 4 application was returned due to payment declined one month after visa had expired in 2010. He then sent a fresh application which was granted.
would discretion be applied? Does he need professional advice?
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: 2 short gaps in ILR long residence

Post by vinny » Fri Apr 27, 2012 12:56 pm

zchay3e wrote:Does he need professional advice?
Probably.
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.
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zchay3e
Newbie
Posts: 42
Joined: Tue Dec 07, 2010 2:39 pm

Re: 2 short gaps in ILR long residence

Post by zchay3e » Fri Apr 27, 2012 2:54 pm

vinny wrote:
zchay3e wrote:Does he need professional advice?
Probably.
Mant thanks Vinny - I had a read through this case - both appeals were dismissed - is it worth the effort of applying anyway?
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Apr 27, 2012 11:34 pm

How much leave has he got left? He may stand a better chance (with his second gap) in 2013, ten years after he had successfully applied, following his first gap.
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.
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zchay3e
Newbie
Posts: 42
Joined: Tue Dec 07, 2010 2:39 pm

Post by zchay3e » Sat Apr 28, 2012 9:32 am

vinny wrote:How much leave has he got left? He may stand a better chance (with his second gap) in 2013, ten years after he had successfully applied, following his first gap.
His leave expires this May and he is unable to extend his stay further as a student.
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