How to demonstrate 10 yr long residency for ILR

eydey · Post by **eydey** » Wed Feb 16, 2011 11:56 am

Hi,

I studied in the UK and just graduated in June 2010. I was on a student visa from 20-Sept-2006 to 20-Sept-2010.

I went back home in July 2010, and obtained a Post study visa in Feb-2011. I am now in UK.

I have been away from the UK for longer than 6 months. However, I returned to the UK with a visit visa for a week in Oct-2010.

My question is:

Have I breached the continuous residency requirement ?

Since my entry clearances (student visa and post-study visa) were issued less than 6 months appart, I think that I should be fine no ?

Immigration never stamps passport when leaving the UK, so how can they possibly know if I left the UK in July 2010 and returned Feb 2011 (8 months away) or if I left the UK in Sept 2010 and returned Feb 20111 ( 5 months) ?

Thanks

Your response will be greatly appreciated.

Post by **geriatrix** » Wed Feb 16, 2011 12:12 pm

No, you have not breached the "no single absence longer than 6 months", thanks to your visit in Oct 2010.

Absences are counted on basis of physical absence of the applicant from UK.

regards

eydey · Post by **eydey** » Wed Feb 16, 2011 12:47 pm

Thanks for your response. So my visit in Oct 2010 even if it was on a visit visa, means that I haven't breached continuous residency.

But wouldn't the fact that I have valid entry clearances (student visa and PSW visa) issued less than 6 months appart, anyway cover me ?

How can the Home Office know when I actually left the UK ? Couldn't I just lie and say that I left in Sept-2010 and returned Feb-2010 (i.e. 5 months) ?

regards

Post by **geriatrix** » Wed Feb 16, 2011 1:48 pm

eydey wrote:Couldn't I just lie and say that I left in Sept-2010 and returned Feb-2010 (i.e. 5 months) ?

You can as no one can stop you, but be prepared to risk being accused of deception and associated penalties / ban(s).

See also Long residence (276A-276D) for detailed information regarding long residence.

regards

eydey · Post by **eydey** » Wed Feb 16, 2011 2:41 pm

Ok, but do they have the means of verifying the times I left the UK ? The stamps only indicate the time of entry.

regards

internev29a · Post by **internev29a** » Wed Feb 16, 2011 3:55 pm

Hello mate, yea they are allowed to look for your landing card in the warehouse. Set(O)Guidance notes explains it all.

rgds

sunmoon · Post by **sunmoon** » Wed Feb 16, 2011 4:03 pm

eydey wrote:Ok, but do they have the means of verifying the times I left the UK ? The stamps only indicate the time of entry.

regards

Don't you have a arrival stamp when you back to your country ????

eydey · Post by **eydey** » Wed Feb 16, 2011 7:06 pm

Do they sistematically check landing card or only when needed ?

Landing card is only filled when entering UK, not when leaving.

In my case, got entry stamp to home country on another passport, not the one using when going to UK.

Anyway, just to be sure then: if I left UK JUl-2010 with student visa (expired SEP-2010) and came back to UK OCT-2010 with visit visa, back home OCT-2010 then back to UK FEB-2011 with PSW visa (valid from FEB-2011).... do I breach the continuous residency ?

regards

sunmoon · Post by **sunmoon** » Wed Feb 16, 2011 8:06 pm

eydey wrote:Do they sistematically check landing card or only when needed ?

Landing card is only filled when entering UK, not when leaving.

In my case, got entry stamp to home country on another passport, not the one using when going to UK.

Anyway, just to be sure then: if I left UK JUl-2010 with student visa (expired SEP-2010) and came back to UK OCT-2010 with visit visa, back home OCT-2010 then back to UK FEB-2011 with PSW visa (valid from FEB-2011).... do I breach the continuous residency ?

regards

You already got the answer. Don't even think of lying with HO about your immigration history. They only need one click to get all of your immigration details.

eydey · Post by **eydey** » Wed Feb 16, 2011 8:12 pm

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period 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 in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

What qualifies as "limited leave to enter or remain"?

So far I have had 3 visas in the following order: student visa, visit visa, PSW visa. Are they all "limited leave to enter or remain"?[/quote]

sunmoon · Post by **sunmoon** » Wed Feb 16, 2011 8:57 pm

eydey wrote:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period 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 in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
What qualifies as "limited leave to enter or remain"?

So far I have had 3 visas in the following order: student visa, visit visa, PSW visa. Are they all "limited leave to enter or remain"?

[/quote]

Yes.
By the way, how long you are in the UK ? From your post I assume that you are here since September 2006., don't you think its too early to think about 10 years long residency based ILR ?. No one knows what will be the ILR policy after 5 years. So its better enjoy your PSW and try to get a JOB.

eydey · Post by **eydey** » Wed Feb 16, 2011 9:04 pm

Anyway, all my questions are useless since I realised that I have been away from UK for a total of 560 days ! That is more than 18 months.

I was a student from 2006-2010. Went back home for every breaks... and the worst was the time I wasted back home from July 2010 to now (8 months!!!) doing strictly nothing.

Guess I'll have to rely on getting settlement after 5 yr residency with work permit... doesn't look promising with all the planned reforms though...

regards

Immigrationboards.com: Immigration, work visa and work permit discussion board

How to demonstrate 10 yr long residency for ILR

How to demonstrate 10 yr long residency for ILR

what does leave to enter or remain really mean ?

Re: what does leave to enter or remain really mean ?