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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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I would like to ask if i can apply for indefinite leave to

Customer Question

I would like to ask if i can apply for indefinite leave to remain my current defininite leave to remain exoires on 12th of febuary 2012. I did applied before to the home office but i was declined because there was a gap of i think two months i habvent renmewed my work permit it wasnt my fault the hospital have missed it can you answer my questions?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

What visa have you been on?

 

How long have you been in the UK?

 

Did you already apply for ILR and this was refused because of a gap between visas of two months?


Tom

Customer: replied 5 years ago.
Hi Tom,

Just got ur response. I am a nurse working at Royal Sussex County Hospital -Brighton and Sussex University NHS Trust. Before I joined the trust I was in the nursing home. My first arrival here in UK was in 2002. I joined the trust in 2004.Iam now on definite leave to remain and it would expire on 12th of Febuary. I did applied for indefinite leave to remain last 2009 but was declined because there was a gap of two months-meaning I was not on the five years straight. Also I did went home to the Philippines last march 17th and came back 17th of april because my father was so ill and I really dont know if my application again will be decline should I apply for indefinite leave to remain. Also my definite leave to remain is attached to my old passport what should I do? Iam so confused
Expert:  Thomas replied 5 years ago.

Hi

 

When did the 2 months gap occur please? Specifically, when did the gap in your legal right to remain cease?


Tom

Customer: replied 5 years ago.
wait Tom i need to look at the letter from the home office which i applied before wait please, do you have an email or a mobile?
Expert:  Thomas replied 5 years ago.

Hi

 

Private contact between experts and customers is prohibited I'm afraid, you can simply reply to this thread once you have tracked it down.

 

Tom

Customer: replied 5 years ago.
Hi Tom I found the letter from the home office which says:

Home office reference H2133287
Notice of Decision
Immigration Act 1971
Variation of Leave or Refusal To Vary Leave

You have applied for indefinite leave to remain in the United Kingdom as a work permit holder but your appliocation has been refused.

In view of the fact that your leave to remain as a work permit holder expired on 30 November 2006 and you did not submit a valid application for further leave to remain until 5 Febuary 2007, the Secretary of State is not satisfied that you have spent a continuous period of 5 years in the UK in this capacvity.

- You are not entitled to appeal this decision. Section 82--------
- You still have leave to remain where your current conditions continue to apply. Please ensure that you understand the conditions of your stay.

Then Tom the last paragraph of the letter staes that you are not required to leave the United Kingdom as a result of this decision= this really concerns me as I went home to Philippines from march 17th till 17th of april, please enlighten me?

Rodin
Customer: replied 5 years ago.
Tom by the way my current leave to remain expires on 23rd of febuary 2012 not on the 12th of febuary
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your Question.

 

The UKBA a permitted to refuse an application for a ILR on the basis of a gap of length, so I should think the more prudent application would be for you to apply to extend your current visas. They will certainly reject an application for ILR because they have obvious grounds to under the Immigration Rules.

 

The gap where you visited Philippines recently would not itself prove a problem in applying for ILR when you have the requisite 5 years provided you have not spent more than 90 days outside the UK in any 12 month period.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi Tom thanks for your reply; when will I apply for indefinite leave to remain then? my current leave to remain expires on 23rd of febuary 2012?
Expert:  Thomas replied 5 years ago.

Hi

 

Thanks for your accept.

 

You will be eligible to apply for ILR when you have complete 5 years continuous residence from the date your visa following the gap, so I make that 5th February 2012 (assuming you otherwise meet the criteria for ILR).

 

You should therefore make your application shortly after this time but BEFORE your current visa expires.


Thanks for your accept.


Kind regards,


Tom

Customer: replied 5 years ago.

Hi Tom,

 

Its me again Rodin sorry for my late reply Iam on night duty so you mean to say I can apply for ILR before 5th of febuary 2012? I have the English test alreadyI passed it but not sure if that test has an expiry?

Expert:  Thomas replied 5 years ago.

By my calculations you can will meet the 5 year criteria on 5th February 2012 and can apply then.


I must confess that I do not know whether the language test has an expiry, all of my cients have taken it immediately prior to applying. I shouldn't have thought so, on the basis that it is highly unlikely that a person's english skills would deterioate over that time.


You should check with the test provider.

 

Kind regards,


Tom