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ILR - 10 yrs residency - Worth trying?

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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calvtan
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Posts: 41
Joined: Sat Dec 22, 2007 11:50 am

ILR - 10 yrs residency - Worth trying?

Post by calvtan » Sat Nov 06, 2010 2:52 pm

Hello all,

The recent activity of the government was worrying, plus by reading this particular thread suddenly re-induce the idea for me to apply the ILR based on 10 yr long residency.

Initially, I did ask for advise in another forum about 3 yrs ago, to enquire about ILR (based on 10 yrs, but was put off when told the Visa 6 & 7 may be considered a break & I need SAR to help me show the Lost Passport stamps)

-REMOVED-

*(a) Went to Germany and back to refreshed my visa while waiting for results

Now, 3 yrs later, here am I again. I have now got all the passports to prove my residency in this country from Sept 2000 to Sept 2010.
(plus constant query from close one why I am still not eligible after staying in UK for more than 10 years - i always reply - *goal post changing*)

The only query I was worry about was the Visa 6 & 7 break. My visa 7 was for my MSc course in UCL and reason for late application was due to the arrival of offer letter in (Aug 2005), while my BSc (Visa 4) expired on Jun 2005. Exam finish in June 05 and results out in July 05 before MSC was accepted hence offer letter's arrival in Aug 05.

On recent reading, I realised:
1) Visitor visa can be considered as part of the long residence application.
vinny wrote:Even time spent as a visitor may be included.
vinny wrote:See also Long Residence (276A-276D). Visitor status may be included.
2) Plus, from the APRIL 2009 IMMIGRATION DIRECTORATES' INSTRUCTIONS - LONG RESIDENCE
Example 2
A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005. On 25 October 2005 (before the previous leave expired) the person departs the UK. On 5 January 2006 the person re-enters the UK with valid entry clearance as a student. Will the person’s continuous residence be deemed to be broken?
No. Because the person had valid leave on the date of their departure and the date of their return and the time spent outside the UK was less than 6 months, continuous residence has been maintained, even though they re-entered with a fresh grant of leave.


QUESTIONS:
1) Do you think it is worth trying to apply (before all these *unknown* changes)? and my fall back is the current Tier 1. If fail, the next chance for application in around May 2012 (due to Visa 9)

2) Absentee - I am sure I have not left the country for too long at any single trip (i.e. less than 6 months - 1 month (max)). But, looking back at my old passports, I may need deep analysis of UK Exit dates and they don't stamp.

Please advise.

I am thinking about sending all the relevant passports, Life in UK (will do it ASAP if you guys think is worth trying) and maybe bank statement (last 10 yrs) to complete the application.

Many thanks for any of your advise.

Best regards,
calvtan
Last edited by calvtan on Mon Nov 15, 2010 10:47 pm, edited 1 time in total.

calvtan
Newbie
Posts: 41
Joined: Sat Dec 22, 2007 11:50 am

Post by calvtan » Sun Nov 07, 2010 10:18 am

Anyone with any advise?

Also, with regards to 4 & 7:
Example below useful?

Example 3
A person has leave in the UK that expires on 15 September 2008. The person departs the UK on 10 September 2008 (before their leave expired). Whilst the person is abroad they obtain fresh entry clearance and re-enter on 30 October 2008. Has continuous lawful residence been broken?

No. As the person was abroad while they had a gap in leave they have not broken their continuous lawful residence. However, had the person departed the UK after the 15 September 2008, (after their leave had expired), they would have spent time in the UK without lawful leave and therefore broken their continuous lawful residence.


Many thanks!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sun Nov 07, 2010 5:11 pm

1. If you meet the eligibility criteria and are keen to settle in the UK / acquire British citizenship at the earliest possible time, then it is worth applying.

2. A common issue with applicants applying under the long residence category. A Subject Access Request may, hopefully, help you to ascertain your departure dates.


regards

calvtan
Newbie
Posts: 41
Joined: Sat Dec 22, 2007 11:50 am

Post by calvtan » Sun Nov 07, 2010 10:19 pm

Thanks, sushdmehta!

Not sure how SAR will help with Departure dates as they don't stamp anything (when leaving UK, can only do reverse calculation through stamps on the next country).

Thanks again!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Nov 08, 2010 11:16 am

Stamp in your passport is not the only method by which UKBA records travellers' immigration history.


regards

calvtan
Newbie
Posts: 41
Joined: Sat Dec 22, 2007 11:50 am

Post by calvtan » Mon Nov 08, 2010 9:56 pm

sushdmehta wrote:Stamp in your passport is not the only method by which UKBA records travellers' immigration history.


regards
Thanks for the info!

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