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Continuous residence broken for long residency purposes ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ILR2020
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Continuous residence broken for long residency purposes ?

Post by ILR2020 » Mon Feb 29, 2016 1:40 pm

Hi.

Please clarify if I should count on my previous years in UK for purpose of ILR on long residency.

Enter uk - 10 November 2012
Left UK - 1 March 2013 (visa held and expiry date June 2013)

Break of 9 months

New entry clearance visa - 1 December 2013 entered UK

Again left for holiday (Sep- oct) for 1 month in 2015.

Also didn't apply for visa with 28 days of leaving UK but after few months.

Any advise or special circumstances which makes the gap of 9 months allowed for LR ????

Thanks for the support of this forum members and invaluable help to applicants.

Cheers

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CR001
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Re: Continuous residence broken for long residency purposes

Post by CR001 » Mon Feb 29, 2016 1:44 pm

Your time will start from 2013. An absence of more than 180 days breaks continuity of residence for LR applicants.

Who even know if the LR route will still be available in 2022 or 2023. A bit early to be asking your questions.
Char (CR001 not Casa)
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ILR2020
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Re: Continuous residence broken for long residency purposes

Post by ILR2020 » Mon Feb 29, 2016 3:54 pm

CR001 wrote:Your time will start from 2013. An absence of more than 180 days breaks continuity of residence for LR applicants.

Who even know if the LR route will still be available in 2022 or 2023. A bit early to be asking your questions.
Thanks for the reply. True but I read somewhere that 10 years legal residence comes under human rights regulation of EU

But who knows after the brexit / Europe referendum of June 23. :shock: :roll:

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CR001
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Re: Continuous residence broken for long residency purposes

Post by CR001 » Mon Feb 29, 2016 4:00 pm

ILR2020 wrote:Thanks for the reply. True but I read somewhere that 10 years legal residence comes under human rights regulation of EU
No it doesn't. Where did you 'read somewhere'. ILR based on 10 years long residence is an application on Set(LR) under the UK Immigration rules, it has nothing to do with EU or human rights regulation.

HO can remove this category if they choose to. Just like they did with the 14 year ILR route, which was stopped in 2012, where you could apply for ILR even if you have never held a valid visa in the UK and were illegal in the UK.
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.

jimtoole
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Re: Continuous residence broken for long residency purposes

Post by jimtoole » Mon Feb 29, 2016 4:50 pm

Thats the spirit mate, keep it up. The journey is not easy but if you know what you want and where you wanna get to theres no stopping. All the best :-)
ILR2020 wrote:Hi.

Please clarify if I should count on my previous years in UK for purpose of ILR on long residency.

Enter uk - 10 November 2012
Left UK - 1 March 2013 (visa held and expiry date June 2013)

Break of 9 months

New entry clearance visa - 1 December 2013 entered UK

Again left for holiday (Sep- oct) for 1 month in 2015.

Also didn't apply for visa with 28 days of leaving UK but after few months.

Any advise or special circumstances which makes the gap of 9 months allowed for LR ????

Thanks for the support of this forum members and invaluable help to applicants.

Cheers
Its hard to beat a person that never gives up.

ILR2020
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Posts: 11
Joined: Fri Feb 12, 2016 7:48 pm

Re: Continuous residence broken for long residency purposes

Post by ILR2020 » Mon Feb 29, 2016 5:27 pm

CR001 wrote:
ILR2020 wrote:Thanks for the reply. True but I read somewhere that 10 years legal residence comes under human rights regulation of EU
No it doesn't. Where did you 'read somewhere'. ILR based on 10 years long residence is an application on Set(LR) under the UK Immigration rules, it has nothing to do with EU or human rights regulation.

HO can remove this category if they choose to. Just like they did with the 14 year ILR route, which was stopped in 2012, where you could apply for ILR even if you have never held a valid visa in the UK and were illegal in the UK.
https://www.whatdotheyknow.com/request/ ... sponse.doc

I agree it can go within 21 days if they decide it just as we have seen recent fee increase with 21 days notice period. 26 Feb legislation approved to be implemented 18 March.

ILR2020
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Re: Continuous residence broken for long residency purposes

Post by ILR2020 » Mon Feb 29, 2016 5:35 pm

jimtoole wrote:Thats the spirit mate, keep it up. The journey is not easy but if you know what you want and where you wanna get to theres no stopping. All the best :-)
Thank you very much fellow passenger. :D

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CR001
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Re: Continuous residence broken for long residency purposes

Post by CR001 » Mon Feb 29, 2016 6:39 pm

ILR2020 wrote:
CR001 wrote:
ILR2020 wrote:Thanks for the reply. True but I read somewhere that 10 years legal residence comes under human rights regulation of EU
No it doesn't. Where did you 'read somewhere'. ILR based on 10 years long residence is an application on Set(LR) under the UK Immigration rules, it has nothing to do with EU or human rights regulation.

HO can remove this category if they choose to. Just like they did with the 14 year ILR route, which was stopped in 2012, where you could apply for ILR even if you have never held a valid visa in the UK and were illegal in the UK.
https://www.whatdotheyknow.com/request/ ... sponse.doc

I agree it can go within 21 days if they decide it just as we have seen recent fee increase with 21 days notice period. 26 Feb legislation approved to be implemented 18 March.
The letter is dated 2012. 10 years long residence ILR is based on lawful residence in the UK, not private & family life or human rights. Those are completely different applications (FLR-FP) and not ILR but another route towards ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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