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ILR (19 months Gap) in 10 years 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

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

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SHasan
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Posts: 9
Joined: Sat May 28, 2016 7:50 pm

ILR (19 months Gap) in 10 years Long Residence

Post by SHasan » Thu Jun 02, 2016 6:59 pm

Hi,

I came to London on 19th Nov, 2006 and completing 10 years in Nov 2016.

But, I have 19 months Gap, because Home Office unfairly cancel my visa and removed me from UK. After that I lodged appeal and appeal was allowed and Judge said, It was Home Office mistake. Then, my Visa was Reinstated, and I returned to UK.
It took me 19 months to wait for appeal decision and re issuance of my visa. I returned fifth day of my visa was re instated. Apart of that, I have been living here on legal status for all period.

So, if i apply for ILR on Long Residence basis, Will this 19months Gap will affect on my case?
as it was totally Home Office fault? Will Discretion will be applied on my case?

Please help me about it.

Thank you.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR (19 months Gap) in 10 years Long Residence

Post by Obie » Thu Jun 02, 2016 10:26 pm

Due to the unlawful act, and as you had leave, and this leave was unlawfully curtailed, i think you have a strong case, that the Secretary of State should exercise her discretion and issue you ILR.

She cannot rely upon her unlawful act to deny you a benefit which you would have acquired, had the unlawful act not taken place.
Smooth seas do not make skilful sailors

SHasan
Newly Registered
Posts: 9
Joined: Sat May 28, 2016 7:50 pm

Re: ILR (19 months Gap) in 10 years Long Residence

Post by SHasan » Sun Jun 05, 2016 11:40 am

Did any person have or had the same case like me? Where UKBA, done any unfair action with them?
So, did they get Discretion ?

Please answer, if anyone knows anyone in same situation?

Thank you.

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