UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

I would like to ask if i can apply for indefinite leave to

Customer Question
remain my current defininite leave...
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: 6 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 11 hours by:
5/3/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

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

Ask Your Own UK Law Question
Customer reply replied 6 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
Solicitor: Thomas, Lawyer replied 6 years ago

Hi

 

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


Tom

Ask Your Own UK Law Question
Customer reply replied 6 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?
Solicitor: Thomas, Lawyer replied 6 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

Ask Your Own UK Law Question
Customer reply replied 6 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 reply replied 6 years ago
Tom by the way my current leave to remain expires on 23rd of febuary 2012 not on the 12th of febuary
Solicitor: Thomas, Lawyer replied 6 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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 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?
Solicitor: Thomas, Lawyer replied 6 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

Ask Your Own UK Law Question
Customer reply replied 6 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?

Solicitor: Thomas, Lawyer replied 6 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

Ask Your Own UK Law Question
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
7,626 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

7,626 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
My ex partner wants to take me to court over the paternity
my ex partner wants to take me to court over the paternity of our daughter. he wants the court to grant his a paternity test and i know they will do so. i do not want a dna test done from my daughter … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
The police have seiner my cameras as well as computers and
The police have seiner my cameras as well as computers and storage devices. Why do they want cameras when they can take sad cards out. And they have taken my wife's computer and phone but she has no i… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My son met a Slovakian girl and very soon afterwards she
My son met a Slovakian girl and very soon afterwards she announced she was pregnant. She moved in with him and he took care of everything for her, her debts included. They had a beautiful baby daughte… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I am a Chinese from the mainland China. I have a Chinese
I am a Chinese from the mainland China. I have a Chinese passport which can be used internationally. I also have an “Exit-Entry Permit for Travelling to and from Hong Kong and Macau”, which is a trave… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Ben, Is it alloed for a UK limited by shares company to lock
Hi Ben, Is it alloed for a UK limited by shares company to lock its mission? Thanks, Valter… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,712 satisfied customers
My tools were stolen from a work van in a car park next to
Hi my tools were stolen from a work van in a car park next to site I'm employed direct with my company and was wondering what's their responsibility on replacing my tools … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My ex partner and I had a declaration of trust over a
My ex partner and I had a declaration of trust over a property with a right for me to have 50% sale proceeds and rent, a preemptive right of first purchase, the right to go on the deeds as tenants in … read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
I was bullied into a Tomlin Order by my abusers solicitor
I was bullied into a Tomlin Order by my abusers solicitor for money I do not owe, but because they saw my vulnerability they pounced on me, how many times can they take this to court to try to enforce… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I have been to court and received community service for
I have been to court and received community service for harassment of my ex partner and all I did was pester her for my property back this is my first offence I plead guilty and got 180 hours of commu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
604 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,821 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Credit card company has sold my debt to a debt collection
credit card company has sold my debt to a debt collection company.They have now agreed to repay my charges but are insisting on paying the third party,even they no longer own the debt,I am negotiating… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x