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Long residence earliest time of application?

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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cgesry
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Joined: Thu Jun 13, 2019 10:58 am
United Kingdom

Long residence earliest time of application?

Post by cgesry » Thu Jun 13, 2019 11:06 am

Hello, I have a question regarding how is the 10-year continuous residency is calculated. Does it count from the date when the entry clearance was first issued, or is it from the date when I first entered UK?

In my case the dates are as following:

First entry clearance visa issued: 28/8/2009
Date when I first entered UK: 23/9/2009

So will I become eligible for SET(LR) from 1/8 or 27/8 this year?

I went through the official guidance of SET(LR) v15.0 which says
Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period
of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain
....
which seems to imply it starts from the date that the first visa was issued?

Thanks in advance!

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CR001
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Re: Long residence earliest time of application?

Post by CR001 » Thu Jun 13, 2019 11:18 am

So will I become eligible for SET(LR) from 1/8 or 27/8 this year?

The second one. Your residence for ILR LR starts counting from the date you entered the UK and you can apply no sooner than within 28 days before the 10th anniversary of the entry date to the UK.
I went through the official guidance of SET(LR) v15.0 which says
Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period
of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain
....
which seems to imply it starts from the date that the first visa was issued?
It does refer to residence, which means physically in the UK.
Char (CR001 not Casa)
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cgesry
Newly Registered
Posts: 8
Joined: Thu Jun 13, 2019 10:58 am
United Kingdom

Re: Long residence earliest time of application?

Post by cgesry » Thu Jun 13, 2019 11:20 am

Thanks a lot CR001 for the quick reply!

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