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ILR long residence continuos period

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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jathampy
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Joined: Sat Aug 29, 2015 11:39 am

ILR long residence continuos period

Post by jathampy » Wed Jun 22, 2016 10:45 pm

I came first to UK on 20-Aug-2006 on Fresh C-visitor visa (multiple entry) followed by various work permits. Details are below

1) Date of first entry into UK on 20-Aug-2006 (Fresh C-vistor visa multiple entry). Applied for Tier 2 workpermit while I was on visitor visa. Work permit approved on 23/10/2006.
2) returned from UK on 15/11/2006 for Work permit stamping
3) Entered into UK on Tier2 Work permit. Date of Entry is 26/11/2006 and visa validity till 22/05/2009.
4) Returned from UK on 24/04/2009
5) Entered into UK on Fresh TIER 2 (INT COM TRAN) MIGRANTon 14/06/2009.visa validity till 27/06/2011
6) Returned from UK on 01/04/2011
7) Entered into UK on Fresh TIER 2 ICT SHORT TERM STAFF MIGRANT on 11/09/2011 (absence of 162 days ).visa validity till 14/08/2012
8) Returned from UK on 11/08/2012
9) Entered into UK on Fresh TIER 2 ICT LONG TERM STAFF MIGRANT on 13/01/2013 (absence of 154 days ) .visa validity till 03/01/2017

I will be completing 10 years in 20-Aug-2016. I didn't crossed 180 days in one continuous period and never overstayed. Today I met a solictor and he told me that I am not qualified due to 28 days continuity not meeting points(7) and (9).He was quoting
"departed the UK after the expiry of their leave to remain, but applied for fresh entry
clearance within 28 days of that previous leave expiring"
. In my case I departed UK before the visa expiry date on both cases.

Is 28 days continuous period applicable for ILR Long residence?. Am i eligible for ILR ? I have passed the life in UK test and the CEFR B1 engish test from Trinity college.

Also for the absences related to visa changes, what reason should I mention in application form (Question D3).

jathampy
Newbie
Posts: 38
Joined: Sat Aug 29, 2015 11:39 am

Re: ILR long residence continuos period

Post by jathampy » Thu Jun 23, 2016 1:47 pm

Appreciate if someone can clarify my queries.

poper
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India

Re: ILR long residence continuos period

Post by poper » Thu Jun 23, 2016 6:29 pm

I don't think there is a problem with 7 & 9 gap
This would've been a problem only on an ILR 5 year route with Tier 2 ICT
LR rules are simple. No gap more than 180 allowed. 28 days application rule only applies if you moved out of UK on expiry of your leave(which i think you haven't)
Your so called solicitor appears incompetent. Request your solicitor to quote the rule on gov.uk site
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

vinny
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Re: ILR long residence continuos period

Post by vinny » Fri Jun 24, 2016 12:13 am

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.

jathampy
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Posts: 38
Joined: Sat Aug 29, 2015 11:39 am

Re: ILR long residence continuos period

Post by jathampy » Fri Jun 24, 2016 11:44 pm

Many Thanks for the clarification. It seems my case is straight forward.

jathampy
Newbie
Posts: 38
Joined: Sat Aug 29, 2015 11:39 am

Re: ILR long residence continuos period

Post by jathampy » Wed Jul 27, 2016 8:19 pm

Today I applied ILR in Croydon office and got the letter from Home office saying that the BRP card will be sent to me under separate cover and should receive within 7 working days. No where in the letter its mentioned that the ILR application is approved. They have return all documents except the existing BRP card. So I think the ILR is approved. Can you confirm this please?

The whole process takes about 4 hours. No questions was asked to me
I submitted the following documents

1)Passports
2) two passport photo
3) filled SET(LR) application form
4) Life in UK test
5) Trinity english certificate
6) Council bills for each year
7) SA-302

This forum helped me a lot and I am thankful to everyone who clarified my queries.

jathampy
Newbie
Posts: 38
Joined: Sat Aug 29, 2015 11:39 am

Re: ILR long residence continuos period

Post by jathampy » Thu Jul 28, 2016 11:10 am

Regarding the letter received from home office yesterday its no where mentioned that my ILR application is approved. The letter mention that the BRP card will be sent to me under separate cover and should receive within 7 working days. Please let me know your views on this. Can I assume that my ILR is approved.

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CR001
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Re: ILR long residence continuos period

Post by CR001 » Thu Jul 28, 2016 11:37 am

ILR is approve. The letter never says 'approved ILR'. Did the caseworker not tell you when they gave your documents back, they usually do.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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