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
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Fri Jun 29, 2018 3:34 am
hi sir/madam
I have one question about my Gap in my 10 years lawful residence. I have been in the UK for past 10 years on tier 4 student visa (from my foundation to now PhD degree). I have never had any gap in my 10 years apart from during 2012. My undergraduate degree Tier 4 visa ends on 1st October, 2012. Then i submitted my application for my postgraduate Tier 4 visa on 26th September. It took around 2 months for home office to grand my new visa and the start date is 27th November 2017. It says on the home office website that i cannot have over 28 days of over stay. Does my case count towards over stay due to my new visa start date is 27th November 2017 but previous visa end date is 1st October 2017 (over 28 days). I cannot seem to find any proof that I sent the application form out before my previous visa expire (i.e. letter from home office), the only evidence i can find is my bank statement showing i paid home office visa fee on 27th September. I just worry if this count as a gap? Can someone answer my questions please. Really appreciate !!
Kind Regards
Hannah
-
CR001
- Moderator
- Posts: 88138
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Fri Jun 29, 2018 7:18 am
There is no overstay or gap. You applied before your visa expired and were protected by section 3c of the immigration rules until new visa was issued.
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.
-
Emerdal3
- Newly Registered
- Posts: 24
- Joined: Fri Jun 29, 2018 8:45 pm
Post
by Emerdal3 » Sat Jun 30, 2018 3:26 pm
Yes, there shouldn't be an issue. You are good to go so celebrate, Hannah and perhaps, do a good deed to thank the gods.
Remember, as long as the gods are happy, we will be happy
-
kokulan1985
- Newly Registered
- Posts: 21
- Joined: Sat Sep 09, 2017 2:13 am
Post
by kokulan1985 » Sun Jul 01, 2018 12:46 am
There are no gaps in your timeline...
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Thu Aug 09, 2018 3:55 am
Hi guys
As you know when we leave the UK, we don't get a stamp on departure. How do people in the home office know that I left the country before my visa expired? Is it recorded on the system when I left the UK?
My problem is in 2014, my tourist visa expires on 26 August 2014, and I flied to Hong Kong on 25th August 2014 (one day before visa expire). I stayed in Hong Kong for 3 days, and entered China on 30th August. However, Hong Kong does not stamp on passport when you enter. Therefore the stamp on my passport shows 30th August 2014. I just worry home office might think I over stayed for 3 days. Then I applied for a fresh visa in December 2014 and re-entred the UK.
Now I needed to apply for 10 years long residence. I just worry they think that I over stayed 3 days and didn't apply for a fresh visa within 28 days. However I did not over stay, I left with valid visa but Hong Kong didn't give me a stamp.
Please help me with my case guys !! appreciate !!!
-
Djsuccess
- Diamond Member
- Posts: 1160
- Joined: Wed Jun 22, 2016 6:37 pm
Post
by Djsuccess » Thu Aug 09, 2018 7:34 am
Hannah Chen wrote: ↑Thu Aug 09, 2018 3:55 am
Hi guys
As you know when we leave the UK, we don't get a stamp on departure. How do people in the home office know that I left the country before my visa expired? Is it recorded on the system when I left the UK?
My problem is in 2014, my tourist visa expires on 26 August 2014, and I flied to Hong Kong on 25th August 2014 (one day before visa expire). I stayed in Hong Kong for 3 days, and entered China on 30th August. However, Hong Kong does not stamp on passport when you enter. Therefore the stamp on my passport shows 30th August 2014. I just worry home office might think I over stayed for 3 days. Then I applied for a fresh visa in December 2014 and re-entred the UK.
Now I needed to apply for 10 years long residence. I just worry they think that I over stayed 3 days and didn't apply for a fresh visa within 28 days. However I did not over stay, I left with valid visa but Hong Kong didn't give me a stamp.
Please help me with my case guys !! appreciate !!!
This shouldn't be a problem. HO can always verify that you left before your visa expired one way or another. So don't worry about it. Do you have your airline ticket showing that you left on the 24th August 2014?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
-
trueblue19
- Member
- Posts: 184
- Joined: Sun May 05, 2013 9:37 am
- Location: London, United Kingdom
Post
by trueblue19 » Thu Aug 09, 2018 10:16 am
Hi guys
As you know when we leave the UK, we don't get a stamp on departure. How do people in the home office know that I left the country before my visa expired? Is it recorded on the system when I left the UK?
Countries like UK, USA and Canada do not put exit stamps in passports. It does not mean they dont have a record of you leaving the country. Depending on your mode of travel, in your case By Air, the airline provides the data electronically to the UKVI regarding the departure. Its faster and more efficient than stamping passports. Airline check-in staff sometimes checks your visas before you leave the UK.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Thu Aug 09, 2018 5:01 pm
Thank you very much, feeling a lot better now! Yes I still kept my airplane ticket for that time.
Also I just wonder that my previous visa ends on 26th August 2014 and I left the country on 25th August 2014. Then stayed in China for 3 months and applied for a fresh visa in December and returned to the UK. Does this count as a gap because I didn't apply for a new visa within 28 days? I read something online says as long as I left before the previous visa expire and didn't over stay thats fine. Just would like to double check.
Thank you very much for your help !
-
CR001
- Moderator
- Posts: 88138
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Thu Aug 09, 2018 5:03 pm
Hannah Chen wrote: ↑Thu Aug 09, 2018 5:01 pm
Thank you very much, feeling a lot better now! Yes I still kept my airplane ticket for that time.
Also I just wonder that my previous visa ends on 26th August 2014 and I left the country on 25th August 2014. Then stayed in China for 3 months and applied for a fresh visa in December and returned to the UK. Does this count as a gap because I didn't apply for a new visa within 28 days? I read something online says as long as I left before the previous visa expire and didn't over stay thats fine. Just would like to double check.
Thank you very much for your help !
There is NO gap or break in continuous residence!!
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.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Thu Aug 09, 2018 5:34 pm
thank you very much!! sorry I'm new on here not sure how it works.
Last edited by
Hannah Chen on Thu Aug 09, 2018 5:37 pm, edited 2 times in total.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Thu Aug 09, 2018 5:35 pm
trueblue19 wrote: ↑Thu Aug 09, 2018 10:16 am
Hi guys
As you know when we leave the UK, we don't get a stamp on departure. How do people in the home office know that I left the country before my visa expired? Is it recorded on the system when I left the UK?
Countries like UK, USA and Canada do not put exit stamps in passports. It does not mean they dont have a record of you leaving the country. Depending on your mode of travel, in your case By Air, the airline provides the data electronically to the UKVI regarding the departure. Its faster and more efficient than stamping passports. Airline check-in staff sometimes checks your visas before you leave the UK.
Thank you very much, feeling a lot better now! Yes I still kept my airplane ticket for that time.
Also I just wonder that my previous visa ends on 26th August 2014 and I left the country on 25th August 2014. Then stayed in China for 3 months and applied for a fresh visa in December and returned to the UK. Does this count as a gap because I didn't apply for a new visa within 28 days? I read something online says as long as I left before the previous visa expire and didn't over stay thats fine. Just would like to double check.
Thank you very much for your help !
-
CR001
- Moderator
- Posts: 88138
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Thu Aug 09, 2018 5:41 pm
CR001 wrote: ↑Thu Aug 09, 2018 5:03 pm
Hannah Chen wrote: ↑Thu Aug 09, 2018 5:01 pm
Thank you very much, feeling a lot better now! Yes I still kept my airplane ticket for that time.
Also I just wonder that my previous visa ends on 26th August 2014 and I left the country on 25th August 2014. Then stayed in China for 3 months and applied for a fresh visa in December and returned to the UK. Does this count as a gap because I didn't apply for a new visa within 28 days? I read something online says as long as I left before the previous visa expire and didn't over stay thats fine. Just would like to double check.
Thank you very much for your help !
There is NO gap or break in continuous residence!!
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.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Fri Aug 10, 2018 1:25 am
CR001 wrote: ↑Thu Aug 09, 2018 5:41 pm
CR001 wrote: ↑Thu Aug 09, 2018 5:03 pm
Hannah Chen wrote: ↑Thu Aug 09, 2018 5:01 pm
Thank you very much, feeling a lot better now! Yes I still kept my airplane ticket for that time.
Also I just wonder that my previous visa ends on 26th August 2014 and I left the country on 25th August 2014. Then stayed in China for 3 months and applied for a fresh visa in December and returned to the UK. Does this count as a gap because I didn't apply for a new visa within 28 days? I read something online says as long as I left before the previous visa expire and didn't over stay thats fine. Just would like to double check.
Thank you very much for your help !
There is NO gap or break in continuous residence!!
Thank you very much for your response!! I have another question is , does Tourism visa / Visitor visa counts towards the 10 years ? I lived in the uk for 5 months under tourist visa during past 10 years. would like to make sure if it counts towards it too? Thank you
-
CR001
- Moderator
- Posts: 88138
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Fri Aug 10, 2018 6:54 am
Yes it does count.
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.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Sat Aug 11, 2018 1:18 am
CR001 wrote: ↑Fri Aug 10, 2018 6:54 am
Yes it does count.
Thank you very much for your help !
I have another question is, when calculating 540 days outside of the UK. Does half day outside of the UK counts towards 540 days? For example, I arrived the UK in the afternoon by airplane from another country, does this day counts towards within the UK or absent from the UK? Another example, if i leave the uk on the 25th November in the afternoon by airplane, does this day counts towards absent?
Thank you very much !
-
CR001
- Moderator
- Posts: 88138
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Sat Aug 11, 2018 10:26 am
You only count whole days outside the UK in the 540 days.
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.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Sat Aug 11, 2018 12:16 pm
CR001 wrote: ↑Sat Aug 11, 2018 10:26 am
You only count whole days outside the UK in the 540 days.
Thank you very much for your quick response! Does it say anywhere on the home office document about this information? I read through "Long Residence version 15.0" it doesn't mention about full day or half day absence. Then I read through "Indefinite leave to remain: calculating continuous period in UK version 17.0", it mentioned this information on page 8, however on page 5 it says "this guidance does not apply to the continuous period requirement in long residence cases". So just wondering where i can see this information listed for long residence on home office document? thank you !
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Sat Aug 11, 2018 7:11 pm
Thank you very much for your quick response! Does it say anywhere on the home office document about this information? I read through "Long Residence version 15.0" it doesn't mention about full day or half day absence. Then I read through "Indefinite leave to remain: calculating continuous period in UK version 17.0", it mentioned this information on page 8, however on page 5 it says "this guidance does not apply to the continuous period requirement in long residence cases". So just wondering where i can see this information listed for long residence on home office document? thank you !
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Tue Aug 14, 2018 1:36 am
Hi guys
when calculating 540 days outside of the UK. Does departure date and return dates count as absence? For example, my passport stamp says I arrived the UK on 25th September, does this day count within 540 days?
Also, does it say anywhere on the home office document about this information? I read through "Long Residence version 15.0" it doesn't mention about whether half day is counted as absence. Then I read through "Indefinite leave to remain: calculating continuous period in UK version 17.0", it mentioned on page 8 only full day (24hours) absent are count as absent, less than 24 hours do not count as absent. however on page 5 it says "this guidance does not apply to the continuous period requirement in long residence cases". So just wondering where i can see this information listed for long residence on home office document? thank you !
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Sat Sep 08, 2018 12:55 am
Hi
After reading the eligbility of premium service, I'm a bit confused. If anyone can help with my question I'd be really appreciate!
According to home office website, it says "If you’re applying for settlement, your premium service appointment must be: within 28 days of you completing your qualifying period"
What does this mean?
I came to the UK on 1st June, 2008, and complete the 10 years on 1st June, 2018. My current visa expire in May 2019. I am planning to apply for my long residence during October 2018. Does this mean I cannot book the premium service because it is not within 28 days of me completing my qualifying period? Am i only enabled to book premium service from 1st June 2018- 28th June 2018 (within 28 days) ??
Can someone help please?
Thank you very much !!
-
Djsuccess
- Diamond Member
- Posts: 1160
- Joined: Wed Jun 22, 2016 6:37 pm
Post
by Djsuccess » Sat Sep 08, 2018 2:36 am
Hannah Chen wrote: ↑Sat Sep 08, 2018 12:55 am
Hi
After reading the eligbility of premium service, I'm a bit confused. If anyone can help with my question I'd be really appreciate!
According to home office website, it says "If you’re applying for settlement, your premium service appointment must be: within 28 days of you completing your qualifying period"
What does this mean?
I came to the UK on 1st June, 2008, and complete the 10 years on 1st June, 2018. My current visa expire in May 2019. I am planning to apply for my long residence during October 2018. Does this mean I cannot book the premium service because it is not within 28 days of me completing my qualifying period? Am i only enabled to book premium service from 1st June 2018- 28th June 2018 (within 28 days) ??
Can someone help please?
Thank you very much !!
You can book premium service appointment 28 days before 1st June 2018 and afterwards. So you can use the premium service for your application in October. You need to apply quickly otherwise you will not get an appointment for October as they are filling up quickly
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
-
Hannah Chen
- Newly Registered
- Posts: 19
- Joined: Fri Jun 29, 2018 3:12 am
Post
by Hannah Chen » Sat Sep 08, 2018 1:32 pm
Thank you very much for your responses. Ive tried in past few weeks with no lucky with premium service
-
Djsuccess
- Diamond Member
- Posts: 1160
- Joined: Wed Jun 22, 2016 6:37 pm
Post
by Djsuccess » Sat Sep 08, 2018 3:19 pm
Hannah Chen wrote: ↑Sat Sep 08, 2018 1:32 pm
Thank you very much for your responses. Ive tried in past few weeks with no lucky with premium service
you have to check regularly. Also, try checking at 12 midnight or shortly after
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.