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ILR 10 Year Long Residence break in continuous stay

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, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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baber2013
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Posts: 10
Joined: Tue Feb 05, 2013 2:26 pm
Location: United Kingdom

ILR 10 Year Long Residence break in continuous stay

Post by baber2013 » Tue Feb 05, 2013 2:44 pm

Hi I am a doctor working in the UK.
I came to UK in August 2003 on a student visa for sixth form studies.
I continued on a student visa in medical school from Sept 2005-August 2010
From August 2010 -Aug 2012 I was a foundation doctor working on tier 4
2012- present I have been on tier 2 visa with the NHS

I want to apply for ILR on the basis of 10 year long residence (I complete 10 years in Aug 2013)but I have already stayed out of the country for more than 18 months mostly on holidays. I have been outside the country for 26 months.
Except from Feb 2005 till Sept 2005 I left UK to be with my mother who was ill, underwent surgery and needed help with rehabilitation. I still had valid student visa during this time

Can I still apply for ILR if I explain on compassionate grounds?

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Feb 05, 2013 5:24 pm

You certainly need to download and read this UKBA document.

On page 22 of 71 it says :-
Discretion for breaks in lawful residence
You must always discuss the use of discretion with a senior caseworker. You must be satisfied that the applicant has acted lawfully throughout the whole 10 year period and has made every effort to obey the Immigration Rules. The decision to exercise discretion must not be taken without consent from a senior executive officer (SEO) or equivalent.
The absence "from Feb 2005 till Sept 2005", how much over six months was that?

Also see page 47 which deals with "Compassionate circumstances".
John

vinny
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Post by vinny » Wed Feb 06, 2013 8:34 am

One member, with absences totalling 24.6 months, was eventually successful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

eltham
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Posts: 4
Joined: Fri Dec 14, 2012 6:56 pm

Post by eltham » Wed Feb 06, 2013 1:22 pm

vinny wrote:One member, with absences totalling 24.6 months, was eventually successful.
. I have 192 days gap at a single year due to sickness.otherwise all my application was on time,no gap,no criminal conviction,my 5years old son was born in here.i went only 3 times in my back home for 192 days,40 days,36 days in 3 different years.can some one plz let me know what is my chance of getting ilr?

baber2013
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Posts: 10
Joined: Tue Feb 05, 2013 2:26 pm
Location: United Kingdom

Re. long residence ilr break in continuous stay

Post by baber2013 » Wed Feb 06, 2013 5:11 pm

John wrote:
The absence "from Feb 2005 till Sept 2005", how much over six months was that?

Also see page 47 which deals with "Compassionate circumstances".
Thank you John. I will have a look at the documents. My absence in 2005 was for a total of 213 days that is 6 months and 28 days. and altogether I have been out of the UK for 26 months.

I really need some advise if it is still worth applying for ilr. being a non-Uk citizen applying for training within NHS is getting more and more difficult. I have already been rejected from two training programs because of this although I have studied from UK. My only other option seems to be to stay on till 2015 limit my visits outside the UK and apply then for ilr on long residency basis.

truman
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Posts: 5
Joined: Fri Sep 26, 2014 6:57 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by truman » Fri Sep 26, 2014 7:34 pm

Hello
I came in UK 30-09-04
My current leave is due to expire on 01-11-14
Throughout my stay I was on student visa
In 2009 I applied one of my extension late which was 87 days
I have provided UKBA medical letter from a homoeopathic doctor, on the basis of this they gave me extension
After that time to date I got medical history of same problem with my GP
I obtained SAR which says "out of time"
Please advise me what are the chances for ILR, Also do they allow appeals?
Please let me know if need more information
Thanks

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