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GAP ISSUE ON '10 YEARS RULE INDEFINITE LEAVE TO REMAIN'

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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tanya220
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GAP ISSUE ON '10 YEARS RULE INDEFINITE LEAVE TO REMAIN'

Post by tanya220 » Thu Jun 21, 2012 4:56 pm

Hi all

I am going to apply for the Indefinite leave to remain in two months time under the 10 years rule. The problem is that in 2005 I applied my visa through my university. I remember my appointment made with the person in the international office was on 31th Oct 2005, but my visa had expiry date on 30th Oct 2005. I asked the person if I could be given an early appoinment as my visa would be expired on 31th, the person told me it was ok if it is only a couple of days beyond the expiry date. As a result I have 2 to 3 days gap in my visa history. I tried to get help from my university, but they cannot find any record of mine so that they cannot provide me anything to confirm the situation. Can anyone tell me whether I can still apply for the Indefinite leave to remain visa? How much chance I would get it?

Thank you very much for any help in advance.

geriatrix
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Post by geriatrix » Thu Jun 21, 2012 5:28 pm

Make a subject access request and ask for the date of application for the application made in 2005.

You'll know when the application was posted / received, and therefore will be able to determine if the application was out-of-time by less than 10 days or more. If less, you should be okay - if this was the only out-of-time application made during the 10 year period.
Life isn't fair, but you can be!

tanya220
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Joined: Thu Jun 21, 2012 4:46 pm

Post by tanya220 » Thu Jun 21, 2012 6:44 pm

sushdmehta wrote:Make a subject access request and ask for the date of application for the application made in 2005.

You'll know when the application was posted / received, and therefore will be able to determine if the application was out-of-time by less than 10 days or more. If less, you should be okay - if this was the only out-of-time application made during the 10 year period.
Thank you so much for your suggestion. I think this is the only time that I submitted out of time. Do I need to include a explaination letter when I apply for 'ILR' to explain why it was out of time? My university is not willing to provide any confirmation letter.

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