ILR based on 10-years long residence - Please help.

[Heinz_Tomato]

Dear All:

Happy new year!

I am posting this on behalf of my friend regarding the possibility for her to apply the ILR based on 10-years long residence.

The details are:

1. She first came to the UK in 1997 with student visa.
2. She went on Maternity leave by end of 2003 to her native country.
3. She came back once in 2005 for about 6 Months ( to join her husband who was a student at that time )
4. She’s coming to the UK in May 2007 with a work permit visa.

The question is:

Can she still apply the ILR based on 10-years long residence?

I have done some research for her, and appreciate that she is not stay here continuously, my another question is can she apply the ILR in 2010, to cover the 3 years she’s not in here?

Your assistance will be greatly appreciated.

All the best.

[Wanderer]

Dear All:

Happy new year!

I am posting this on behalf of my friend regarding the possibility for her to apply the ILR based on 10-years long residence.

The details are:

1. She first came to the UK in 1997 with student visa.
2. She went on Maternity leave by end of 2003 to her native country.
3. She came back once in 2005 for about 6 Months ( to join her husband who was a student at that time )
4. She’s coming to the UK in May 2007 with a work permit visa.

The question is:

Can she still apply the ILR based on 10-years long residence?

I have done some research for her, and appreciate that she is not stay here continuously, my another question is can she apply the ILR in 2010, to cover the 3 years she’s not in here?

Your assistance will be greatly appreciated.

All the best.

I'm no expert here but I'm reasonably sure her 10 years to ILR will start again in March 2007 so ur looking at 2017.

Seems fair to me, anyway.

[ppron747]

I'm no expert here but I'm reasonably sure her 10 years to ILR will start again in March 2007 so ur looking at 2017.

Seems fair to me, anyway.

I agree that the gaps appear to put paid to a long-residence ILR application in 2007, but if Heinz_Tomato's friend is coming back on a work permit, it seems to me that she should be eligible for ILR after five years (as the Rules are at the moment, anyway) without having to use the ten-year provision. So 2012, I think - unless I'm missing something....

[Mafia]

I would concur with Paul. As things stand at the moment, Heinz_Tomato's (Tesco_Tomato equally good and cheaper, by the way ) friend should be eligible for ILR in 2012. There is no need to wait 10 years to apply under the long residence rules.

It will be helpful if more precise dates of the stay in and departure from UK are posted so that we can provide a better answer.

The Mafia ...
(Introducing a bit of humour to a dry subject)