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Query about lawful continuous period for ILR, please help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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FMB22
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Joined: Sat Feb 16, 2013 1:20 pm

Query about lawful continuous period for ILR, please help

Post by FMB22 » Sat Aug 10, 2013 11:50 pm

Dear senior members. 

I am tier2 resident. I have query regarding lawful continuos period.
I am going to apply for my ILR in november 2013.
 In 2010 my application for flr tier2 was refused by ukba and appeal was also dissmissed as at the time of application i had not cos because employer was waiting for employer licence of Tier2. I had extension of leave sec 3c as i was given 5 working days to apply for upper tribunal. On the last day of leave extension sec 3c, i submitted fresh application with the cos and was granted leave to remain in 35 days (35 days spent under consideration). Now i have leave to remain till march 2016 but completing 5 yeats in coming november thats y want to apply for ILR. Please guide me, how many days are overstaying period? And time spent 35 days under consideration of second fresh application will be dissrigarded? (3c was not inforce as it was 2nd fresh application) 

Regards 

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Aug 11, 2013 5:41 am

You should be okay under 245AAA(a)(iii) re: 245HF.
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.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Sun Aug 11, 2013 8:06 am

Thanks vinny.

Did you reffer to the following paragraph?

(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded.

vinny
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Post by vinny » Sun Aug 11, 2013 8:09 am

Yes.
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.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Sun Aug 11, 2013 8:38 am

Okay.
Last edited by FMB22 on Sun Aug 11, 2013 8:47 am, edited 1 time in total.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Sun Aug 11, 2013 8:42 am

Vinny Thanks a lot for benificial and helpful information.
I was expecting from you this kind of reference.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Sun Aug 11, 2013 10:30 am

Dear vinny
one more clarification needs Regarding set o form.
 Section 9 D1 states whether you have spent a continuous period of 5 years lawfully in the United Kingdom: 
Should I tick as YES for this above ?

Thanks

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Aug 11, 2013 11:56 pm

Probably answer "Yes, (245AAA(a)(iii))".
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.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Mon Aug 12, 2013 1:41 pm

Thanks a lot.

FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Tue Aug 13, 2013 11:36 am

Dear vinny and other senior members.

Should i mention all circumstances in the cover letter like why 2nd fress application submitted,days spent in the consideration of application(35 days when 3c was not inforce), appeal dissmissel and period covered by leave sec 3C?
Or don,t need to mention and apply as straightforward case?
Please advise

Amber
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United Kingdom

Post by Amber » Tue Oct 01, 2013 10:43 am

FMB22 wrote:i have gap of few days between two leaves but fulfilling the requirement of ILR under the rules of '' 28 days overstaying period will be dissregarded''

I want to know which peo will be best for me to apply for ILR or all peo provide same services and no difference?
regards
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FMB22
Newbie
Posts: 48
Joined: Sat Feb 16, 2013 1:20 pm

Post by FMB22 » Tue Oct 01, 2013 12:23 pm

Dear Members

i have gap of few days between two leaves but fulfilling the requirement of ILR under the rules of '' 28 days overstaying period will be dissregarded''

 I want to know which peo will be best for me to apply for ILR or all peo provide same services and no difference? 

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