gap in continuous 5 year period

[sntp_uk]

I am on Tier -1 general visa in the UK and planning apply for indefinite leave to remain (settlement), however I have query regarding continuous 5 years eligibility criteria for indefinite leave to remain (settlement)

my immigration history is as following

HSMP leave to remain - from 02/11/2007 to 02/11/2009

then applied to extend leave to remain on 09/10/2009 under
tier1 general, application returned as invalid due to photographs
on 02/11/2009

re-applied to extend leave to remain on 06/11/2009 under
tier 1 general, got tier -1 general approved from 26/11/2009
to 26/11/2012

so basically there is a gap of 24 days. can this gap disqualify the continuous 5 years eligibility criteria for indefinite leave to remain (settlement) ? please advise

[wpilr_nov12]

I am on Tier -1 general visa in the UK and planning apply for indefinite leave to remain (settlement), however I have query regarding continuous 5 years eligibility criteria for indefinite leave to remain (settlement)

my immigration history is as following

HSMP leave to remain - from 02/11/2007 to 02/11/2009

then applied to extend leave to remain on 09/10/2009 under
tier1 general, application returned as invalid due to photographs
on 02/11/2012 check this date again, we are not there yet

re-applied to extend leave to remain on 06/11/2009 under
tier 1 general, got tier -1 general approved from 26/11/2009
to 26/11/2012

so basically there is a gap of 24 days. can this gap disqualify the continuous 5 years eligibility criteria for indefinite leave to remain (settlement) ? please advise

[sntp_uk]

anyone had same situation ? response much appriciated

[sntp_uk]

Hi
planning to apply for ILR, not sure about continuous 5 years eligibility criteria

my immigration history is as following

HSMP leave to remain - 02/11/2007 to 02/11/2009

tier 1 extension - 26/11/2009 to 26/11/2012


tier1 general extension, application returned as invalid due to photographs on 02/11/2009, re applied as fresh application,approved

so basically there is a gap of 24 days. can this gap cause trouble for ILR? if yes what prep should I do

thanks in advance

[geriatrix]

On what date did you re-apply?

[wpilr_nov12]

On what date did you re-apply?

6/11/09 per above #1

[sntp_uk]

thanks sushdmehta and wpilr_nov12 for looking into it.

be specific, I got application invalid letter dated 02/11/2009 from UKBA

and when re applied got acknowledgement letter dated 06/11/2009 from UKBA

I dont remember the exact date but I think I posted fresh application on 04/11/2009

hope this makes sense

thanks again

[geriatrix]

Ah! Missed that detail.


If the application was sent after 02-Nov-09 nd you had to pay for it then the application was technically out-of-time with a period of overstay from 02-Nov-09 to 25-Nov-09 (thereby breaking the 5 years lawful residence requirement for settlement).

That said, it all depends on the caseworker. Some overlook it and grant ILR but some don't.

[yallow]

have a look at
http://www.ukba.homeoffice.gov.uk/sitec ... r-1oct2012
Not sure if it's relevant to your case though...

[geriatrix]

The articles refers to "being overstayer" at the time of application to be submitted from 01-Oct-12. The issue here is regarding an ILR application with a possible period of overstay in the past.

[sntp_uk]

thanks for input sushdmehta and yallow

is there anything I could do to avoid any delays or adverse decision from UKBA ? this complications have been created due to invalid photos.

thanks

[sntp_uk]

ILR approved no questions asked, if anyone in similar situation don't panic and good luck

[rneeta]

Hi sntp_uk,

Thanks for your update. Which PEO did you go to? I also have similar complication as they changed Dependent's form on the day they received application.

Thanks
neeta

[geriatrix]

PEO Croydon