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10 Year ILR Long Residence Clarification

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, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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chridam
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10 Year ILR Long Residence Clarification

Post by chridam » Thu Jan 14, 2016 3:47 pm

I am planning to apply for settlement with the ILR Long Residence option and would like to clarify a couple of things. My first visa was a Tier 4 (student) category visa granted
on 05 October 2006. My first entry to the UK was on 25 January 2007. I would like to apply based on the 10-year qualifying period starting from when I was given permission to stay in the UK, i.e. 05 October 2006.
Now, between then and my first UK entry are 112 days and I have had breaks in continuous lawful residence on the following occasions:

Code: Select all

06 Oct 2006 - 25 Jan 2007 => 112 days      Tier 4 (student)
2009 outside UK 			       20 days    Tier 4 (student)
2011 outside UK 			       22 days    PSW
2012 outside UK 			       20 days    PSW
2015 outside UK 			       18 days    Tier 2 (General)
Total						        202 days
In all of the above cases I had valid leave on both departure and arrival and all my previous applications were made before my leave to remain expired thus no gaps between my application and visa expiration dates. My question is will I be ok to apply
for the 5th of October 2016 or 25th January 2017 given the above?

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CR001
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Re: 10 Year ILR Long Residence Clarification

Post by CR001 » Thu Jan 14, 2016 3:49 pm

I would like to apply based on the 10-year qualifying period starting from when I was given permission to stay in the UK, i.e. 05 October 2006.
You can't. For ILR based on long residence the count starts from the date you ENTERED the UK, not the date your visa was issued.

You can apply no sooner than 28 days before 25th January 2017. Any application submitted before that will be refused.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

chridam
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Posts: 4
Joined: Fri Sep 26, 2014 10:43 am

Re: 10 Year ILR Long Residence Clarification

Post by chridam » Thu Jan 14, 2016 3:58 pm

Thank you very much for the response, I was a bit confused as I took the 112 days from the date my visa was issued to my first UK entry as a gap/break in continuous residence since I was outside the UK. Nonetheless, thanks once again for the guidance.

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