Long Term Residence

anish18sudhakar · Post by **anish18sudhakar** » Tue May 11, 2004 2:14 am

Hello Everybody I'm hoping someone could help me out to identify whether I will qualify for long term residence.

I came to UK in May 1996 with my father who was posted as a diplomat here as a result I came here on an official passport and gratis courtsey I don't know if that is a visa. In 1999 my father left and i was doing my A levels and they weren't complete when my parents were leaving so I had to apply for a student visa which was endorsed on my official passport and then onto a normal passport as the ofificial passport had to be surrendered when my parents left.

The course finished in 2000 and I joined a univeristy doing a degree course and got my visa extended till 2001 however during a trip to my country in 2001 the passport got stolen by someone and I had to apply for a new passport as well as apply for a new visa from my country. Both of which I managed to do successfully it should be noted i lost this while I was still studying the course and had three more years left on it as a result.

Now as my studies have nearly finished and visa is set to expire soon I was wondering whether anyone can tell me if my time for 1998-2004 which has been continous will qualify for long residence bearing in mind all the information I have provided. Also I wanted to know that although on the home office website it says ten years for long term residence a lot of people have got it done in 7 years or just over that I have been here for 8 so if I apply can I get it or will i not qualify at all. Any responses will be greatly recieved. Many thanks to anybody who responses

tvt · Post by **tvt** » Tue May 11, 2004 8:39 am

Long term residency is no longer a concession but a specific category under the rules. A continuous period of ten year residence is required. You can always apply outside the rules if there are very exceptional compelling reasons. I think the 7 year period that you mention was the period that individuals with ELR used to qualify for ILR. ELR was granted to asylum seekers who did not qualify as refugees but were allowed to remain in the UK. It has nothing to do with Long term residence.

anish18sudhakar · Post by **anish18sudhakar** » Tue May 11, 2004 4:15 pm

What I wanted to know was knowing my case do you think it will be possible for me to apply for long term residence after 10 years or because of the fact that I lost my passport and everything it is questionable. Also I would also like to state that I have been here since I was 14 years old as a result all my life has been basically spent here and my life here is all i know i would probably feel more a foreigner in my own country then here would that be a basis for exceptional ciscumstances

tvt · Post by **tvt** » Tue May 11, 2004 4:19 pm

It is likely you will only able to apply after 9 years +11 months. Your loss of passport is not such a great issue if you are able to prove your stay here by other means (Uni docs, utility bill etc).

Kayalami · Post by **Kayalami** » Tue May 11, 2004 4:52 pm

anish18sudhakar,

Don't worry - you will be able to apply for ILR under the 10 year rule despite the loss of the passports as the HO have your records on file. Having passports covering the 10 years makes it easy for the HO to verify your legal stay as well as absences from the UK - where this is not available you should provide a written explanation and substitute documents to prove residence. Typically these include degrees/certificates/ letters from your university and employers as well as official government documentation such as P45's, P60's, NHS Medical Cards, Driving Licences etc. Note that you must not have been in breach of the rules during these times so be aware of employment over the 'student' limits. It will also be helpful if you can submit a copy of the police report/ sworn affidavit pertaining to the lost passport.

One final thing to note - unlike other applications which typically allow you to apply 28 days before the qualifying period the 10 year rule requires that you must have spent 10 years in the UK in a legal capacity on the day you make the application as evidenced by that date which you put on the application form. Do not send the application before you have completed this 10 years unless not doing so means you will be illegal as your visa will have expired.

Best wishes for the future

Chess · Post by **Chess** » Tue May 11, 2004 4:59 pm

Do not send the application before you have completed this 10 years unless not doing so means you will be illegal as your visa will have expired.

Kayalami,

Typical attention to detail and finess - well done, I had not 'seen' that potential mishap, but then HO would most likely waive the rule

Kayalami · Post by **Kayalami** » Tue May 11, 2004 5:24 pm

Chess wrote:

Kayalami,

Typical attention to detail and finess - well done, I had not 'seen' that potential mishap, but then HO would most likely waive the rule
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. A pre-10 years application would be an issue where there was a refusal although unlikely to be the sole reason. Just makes it easier for the HO to knock any appeal because such does not arise where the application is not in accordance with the immigration rules unless the applicant 'explicitly requests' for consideration of failing to meet the time factor under compassionate grounds. All in all the HO are likely to grant ILR where perhaps there is a shortfall of say a month. I would advise the original poster to have a cushion of leave say 3 months beyond the 10 years to cover this eventuality.

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Long Term Residence

Long Term Residence

long term residence