ILR - SET (LR) - one overstaying period between valid leaves

[k061408m]

Hi everyone,

I am planning to apply for my ILT - SET (LR) based on the fact as i am coming up to UK for 10 years, however I have a period of 3 days as an overstayer between two periods of valid leave. Will it be disregarded?

I assumed it would be but after reading both the Ahmed cases I worry 39E will not be applied.

There is one period when my Tier 2 application was refused - 31 March 2019, three days late 3rd April I put in my spouse visa application. My spouse visa was approved and the immigration criteria was met as the 3 days were disregarded due to 39E.

Apart from these 3 days - I have clean immigration record. I am married to a British Citizen and have a baby on the way (who will be British due to my partner). I am also employed by the biggest energy company in the UK.

Do you think my ILR - SET (LR) will be approved? How shall mention the above on my application? Do i need a cover letter to explain the above?

[zimba]

Paragraph 39E applies. Ahmed's case has nothing to do with periods between the leaves

[k061408m]

Thanks Zimba for your reply.

How shall i write this in my application? Shall i mention 39E or assume the caseworker will know? Would a cover letter help?

[seagul]

Thanks Zimba for your reply.

How shall i write this in my application? Shall i mention 39E or assume the caseworker will know? Would a cover letter help?

They know their law, however, also no harm in attaching a covering letter to refresh that.

[k061408m]

Thanks seagul.