Set lr absent calculation confusion

[kirandb]

Hi

Got a question for you

I am applying set lr long residence

My first entry was 2006 sept 17 and I had to go back to India on 23 sept 2006 cause of my moms ill health

I was on valid visa until 2009 Jan

I returned to uk Jan 2008 ... since then I am uk on valid visa and absense less than 150 days in total


My question is whether I will be eligible to apply ilr on July 2017

Cause from 2007 July to 2017 July I met all the requirement of absence

Some body told me my continuous period restart only when I re enter to uk on 2008 Jan

Does this the case ??

Please help me

[zimba]

10 years long residence requirement is counted from a day you entered the UK. For you that day can only be Jan 2008, so you are eligible just before Jan 2018.

[kirandb]

Thanks for the reply


So they won't consider my entry on 2006 and valid visa period until 2008

As I explained before few of my collègue explained they look year by year

So if they take July 2007 to July 2008 , I was away for less than 180 days

Can you clarify where they mentioning period reset after 180 + days break

Thanks

[zimba]

So if they take July 2007 to July 2008 , I was away for less than 180 days

That is not how it works. You have a large gap of more than 6 months which broke your lawful continuous stay. As you did not enter before 23rd March 2007 (6 months mark after you left), your lawful continuous stay was considered broken and therefore you had to start the qualifying period again.
As you entered the UK in Jan 2008, your qualifying period in the UK simply commenced from that point onwards.

Under long residence ILR rules, you cannot have absences of more than 6 months outside the UK as this will break the continuous lawful stay.
Read: https://www.gov.uk/government/publicati ... -residence