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Gaps in 10 years

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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oziijee
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Joined: Sat Apr 07, 2012 5:08 pm

Gaps in 10 years

Post by oziijee » Sat Apr 07, 2012 5:29 pm

I have few questions.

1. My 10 years are going to complete in Jan 2013. I applied for one my extensions and the payment was declined by the bank. Due to this my application was sent back after the expiry of my visa. I reapplied and attached a covering letter to the application stating reasons for late application. I read that they allow one 10 days gap in Legal 10 year stay. I think I reapplied after more then 10 days of my visa expiry date. Will they count this as a gap?

2. My visa was turned down twice and I had to appeal. One of my friend who applied for ILR recently had one appeal in his 10 year stay. His ILR was turned down on the basis that his visa was expired and he should have left the country and appealed from outside the UK. He has appealed against this. This is also worrying me now as well.

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

Post by vinny » Sun Apr 08, 2012 5:00 pm

1. There is discretion to waive a single gap on less than 10 days. See also Invalid application due to payment problems?

2. If you had won your appeals, then there were no gaps.
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.

oziijee
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Posts: 3
Joined: Sat Apr 07, 2012 5:08 pm

Post by oziijee » Mon Apr 09, 2012 11:06 pm

thanx for the information

oziijee
Newly Registered
Posts: 3
Joined: Sat Apr 07, 2012 5:08 pm

Post by oziijee » Mon Apr 30, 2012 11:05 am

vinny wrote:1. There is discretion to waive a single gap on less than 10 days. See also Invalid application due to payment problems?

2. If you had won your appeals, then there were no gaps.
Home office is considering application returned due to decline of payment as gap and are refusing ILR on the basis of ten years. Two of my friends had the same problem...I asked one of them to give me a copy correspondence with homeoffice.

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

Post by vinny » Mon Apr 30, 2012 11:20 am

If refused due to payment problems, then ask for a reconsideration.

If the UKBA cannot prove that you were at fault, then they should grant ILR in line with the recent judgment.
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.

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