10 year long residence

[Raptor]

Dear members

I will be completing 10 years in the latter part of september and would like to get certain issues clarified please.

I came to the UK in the latter part of Sept. 1998, as a student. I completed my undergrad (sandwich degree), post grad studies etc. Thereafter i secured a workpermit(together with a visa). I was issued a workpermit(valid till the end of August 2008), and with "leave to remain" till the end of August. I intend to apply for a workpermit soon. I have also maintained links i.e. have not spent 3 months (in one block) or 6 months (in total) outside the U.K.

My queries are:
1. Would it be possible for me to apply for indefinite stay in the latter part of August (as it would be 9 Years and 11 months) although my visa ends in august, and not in September. I do realise the leave I was given does not cover the month of September. Hence, on paper I have only covered 9 years and 11 months.

2. The above question is based on the fact that although I entered UK in Sept. 1998, I was given the Entry Clearance in August 1998. Hence, taking into consideration the EC, it would be 10 years in August.

3. Does the 3 month/6 month (time spent away) apply to the 10 year long residency applications?

The reason I'm raising these queries is because i would rather not pay "leave to remain" fees twice , (once in August to extend my time to cover the 10 years) and then apply again in Sept/Oct(indefinite leave). It is quite unfortunate that this "one month" would make me lose out twice.

Thank you very much in anticipation

[paulp]

The 10 years start from the day you entered the country. You can apply 10 years minus 28 days from that date.

And if your current visa expires before your eligible date, apply for another visa, do not let your leave run out or you will seriously compromise your chances for ILR.

[Raptor]

Many thanks for your reply paulp.

The eligibility date would be the 25th August. So would I be able to apply on that day? I'm quite unsure whether the immigration authorities would entain my Long Residence application as my current visa does not cover the "all important" 12th month of my tenth year(i.e. all the visas issued would only add upto 9 years and 11 months) Or would i be successful?

I'm also quite unsure whether the 3 months/6 months out of uk condition would apply to a Long Residence application. I would like some thoughts on this too please.

Thank you

[Raptor]

Any thoughts anyone????

Thanks

[John]

You have already had your answer. The 10-year application can actually be made up to 28 days before the completion of the 10-year period.

So you mention 25.08.08, so would I be right in thinking you entered the UK on 22.09.98? If the answer to that is "yes" then you can indeed make your application on or after 25.08.08. But you do need to make the application before the expiry of your current visa.