Hi,
I have been residing in the UK for ten and a half years and I am hoping to apply for the Indefinite Leave to Remain visa, given 10 years of long residence. I have had 9 years studying under a student visa and one and a half years working under the Tier 1 post study worker visa. There have been no gaps between any of any of the visas that I have held over the ten year period. However I have found a statement on the UKBA website stating that:
"Continuous residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question.
Subject to that, continuous residence shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant has existing limited leave to enter or remain upon his departure and return (see Example 1). "
Could someone please clarify what they mean by a total of 18 months absent from the UK. Does this mean that in the entire ten year period they do not expect you to go on holiday for more than 18 months? I believe I have had well over 18 months of holiday during my ten years in the UK (though none of them longer than three months in one go). Will this mean that I am not eligible to apply for the ILR?
Thank you in anticipation!
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