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ILR - 10years - am I good to apply?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jms_uk
- thin ice -
Posts: 194
Joined: Sun Feb 27, 2011 8:44 am

ILR - 10years - am I good to apply?

Post by jms_uk » Wed Mar 02, 2011 11:10 am

Long time lurker here - finally decided to register :)

Arrived on a visitor visa (C) on
01/01/01

Visa valid until 18/06/01
Left on 11/06/01

New student visa issued on 23/06/01
Arrived in the UK on 02/07/01

Various extension, all applied and granted before the expiry of the previous ones

Last student visa valid until 31/10/09

As my employer was taking long time to sort out their sponsor license, I left on 31/10/09

Tier 2 visa issued on 26/11/09, with a start date of 06/12/09

Arrived into UK on 06/12/09

I've been reading Rule 276 (a lot!) and I think I haven't broken continuous residence, as I have left with a valid leave and returned with a valid leave.
276A. For the purposes of paragraphs 276B to 276D:

(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.
Both of those periods were well under 6 months. Counting them and all other trips abroad (longest being 35 days, while waiting for Tier 2 visa), my total is 340 days out of the UK within last 10 years.

What concerns me is mentioning of gaps on the forum - what does that exactly refer to (in terms of having a negative influence on one's application)? Because reading Immigration Rules, gap = break; when an application was made out of time.

Any suggestions from expert members of the forum?

Am I good to apply on a basis that my 10 years were on 01/01/11 ?

P.S. I have done my Life in he UK test last week.

joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Re: ILR - 10years - am I good to apply?

Post by joh118 » Wed Mar 02, 2011 11:22 am

it sounds as if you are ready to submit your application. As long as you submited your application in-time, nothing to worry about. and as long as you left the UK when you had valid leave and came back on the new leave, that's fine.

good luck!

jms_uk
- thin ice -
Posts: 194
Joined: Sun Feb 27, 2011 8:44 am

Post by jms_uk » Wed Mar 02, 2011 11:38 am

Thank you for your prompt answer and good wishes.

I've always done all my visa applications myself, just wanted a bit of reassurance as this is the big one :)

Have to photocopy 4 passports over next couple of days and then it's off to the Post Office.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Mar 02, 2011 7:28 pm

what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?

sunmoon
Member
Posts: 171
Joined: Mon Jan 24, 2011 5:27 am

Post by sunmoon » Wed Mar 02, 2011 7:31 pm

xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?
he was not in the UK during that time

joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Post by joh118 » Wed Mar 02, 2011 7:41 pm

xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?
the op left the UK on a valid leave and came back on a new fresh leave. This is perfectly fine as confirmed in the immigration rules.

sunmoon
Member
Posts: 171
Joined: Mon Jan 24, 2011 5:27 am

Post by sunmoon » Wed Mar 02, 2011 7:51 pm

joh118 wrote:
xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?
the op left the UK on a valid leave and came back on a new fresh leave. This is perfectly fine as confirmed in the immigration rules.
Absolutely correct !

jms_uk
- thin ice -
Posts: 194
Joined: Sun Feb 27, 2011 8:44 am

Post by jms_uk » Wed Mar 02, 2011 8:51 pm

Thank you all for your comments!

Once I send it off, I can add info for the waiting time.

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