10 Year LR with Placement Year abroad

[soflsys]

Hello all,

I have been studying and working in the UK since 2001 but spent more than 6 months in France between 2006-2007 as part of my placement year. It is still part of my UK degree, officially approved by the same university, and my status was still a student of this degree throughout the whole time (i.e. not a gap year). I did same-day-travel back for a couple of times to 'break it off' but doubt if that helps.

Spoke to an OISC immigration advisor and he thinks this placement period will not break my continuous residence, but I have read on the forum which says the opposite. Could some expert advise on this matter? Or if anyone has applied with a similar situation please kindly share your experience

This is the only thing holding me back from applying through this route...was gonna apply through T2 but had the worst luck and company went into insolvency just after I was eligible

Many thanks in advance!

[quantum1]

I don't think it will be an issue. You should know that there is a lot of discretion when it comes to 10yr long residence. There is every reason to expect discretion to be exercised in your favour on this issue. It is also a situation which comes under exceptional circumstances. You will be fine!

[CR001]

What are your total absences in the 10 years, excluding date of departure and date of arrival?

There have been many refusals due to absence of more than 180 days for people applying on long residence as it is seen as breaking continuity.

[soflsys]

thanks for the reply guys

Just went to gather all my travel history and calculate my absences properly (and got very annoyed with unreadable blurry stamps on passports):

total absences (excluding my placement period abroad) - 350 days
placement period abroad - 227 days; I did two same-day-travels (day trip by eurostar) to break it off, if those count then this period will be in 3 parts of 69, 87, and 71 days.

so if the placement period abroad is to be included regardless of the 180-days rule then it will definitely go over the 540 days limit...unless the whole period can be exempted from both 180-days and 540-days rule

any chance of this kind of discretion at all?

[kpatel]

Check your pm inbox

[CR001]

Check your pm inbox

The OP is not yet able to use the pm function as his posts are less than 10. Suggest you offer your advice on the public forum in the thread.