ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator
You have to leave before your visa expires and come back with a new visa before 6 months.ashiec wrote:Hi
i applied for FLR (m), my appeal process has been exhausted.. how soon do i need to leave the country to reapply without breaking my 10 year long residency?
Ashley
visa expired ages ago but i was on appeal process and then in the end i got refusedquantum1 wrote:You have to leave before your visa expires and come back with a new visa before 6 months.ashiec wrote:Hi
i applied for FLR (m), my appeal process has been exhausted.. how soon do i need to leave the country to reapply without breaking my 10 year long residency?
Ashley
Unfortunately, your continuous residency has been broken. What is required is that you have leave on date of departure and unfortunately you do not have this. While people are exempt from an entry ban if they leave within 28/90 days of the expiry of their visa, this grace period is not leave to remain.ashiec wrote:So how soon do you have to leave the country if upper tribunal dismiss your appeal?
can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?
HELP!!!
i have appealed the refusal but that was also dismissed;peppekalle wrote:Why are you concerned about breaking the long residency?Your appeal was refused and your status expired 01/05/2012 as you have indicated.
You have to leave as soon as you can usually within 28 days.Have you sought permission to appeal the refusal?
what about the 10 day gap in my long residency; if i left 10 days after my final appeal? please help!!!quantum1 wrote:Unfortunately, your continuous residency has been broken. What is required is that you have leave on date of departure and unfortunately you do not have this. While people are exempt from an entry ban if they leave within 28/90 days of the expiry of their visa, this grace period is not leave to remain.ashiec wrote:So how soon do you have to leave the country if upper tribunal dismiss your appeal?
can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?
HELP!!!
Discretion is shown if there is a single short gap in leave due to making an application up to 10 days out of time. It means you have to make an application within 10 days of your visa expiring for you to be shown discretion.ashiec wrote:what about the 10 day gap in my long residency; if i left 10 days after my final appeal? please help!!!quantum1 wrote:Unfortunately, your continuous residency has been broken. What is required is that you have leave on date of departure and unfortunately you do not have this. While people are exempt from an entry ban if they leave within 28/90 days of the expiry of their visa, this grace period is not leave to remain.ashiec wrote:So how soon do you have to leave the country if upper tribunal dismiss your appeal?
can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?
HELP!!!
i saw my solicitor, i was advised that the best way of maintaining the long residence is to submit a new application when section 3C leave is still operational but you got to make the new app count or you can leave the country while section 3C is still operation for example when appeal is still going on;quantum1 wrote:You might apply for a visa that you qualify for now if its within 10 days of your section 3c leave ending. This might allow you to maintain your 10 year continuous residence. I recommend you speak to a solicitor about this. I am not sure whether section 3c leave is considered for calculating out of time period or not. Other posters might know more than me.
But for sure if you depart from the country after expiry of your leave to remain, you will break the continuous residence requirement.