10 Yrs Long Residence stay requirement

[imads]

Hi,

My friend spent 6 and half years in UK as a student and the remaining 3 and half years as a dependent of a student. He asked me if he can apply for ILR based on 10 Yrs Lawful residence.

I had no clue if his residence as dependent of a student is counted for 10 Yrs residence as he is not satisfying any criteria for a visa and is a dependent of other visa holder.

Please help me answer his dilemma.

Thanks in advance

Imads

[Graceofgod]

any sort of lawful stay will be counted for ILR on 10 years stay basis.

[sheraz7]

Hi,

My friend spent 6 and half years in UK as a student and the remaining 3 and half years as a dependent of a student. He asked me if he can apply for ILR based on 10 Yrs Lawful residence.

I had no clue if his residence as dependent of a student is counted for 10 Yrs residence as he is not satisfying any criteria for a visa and is a dependent of other visa holder.

Please help me answer his dilemma.

Thanks in advance

Imads

The period spent as a dependent is certainly counted towards 10 Years long residence.

[vinny]

Yes.

[imads]

Thanks to all for replying to my query.

Vinny, I read paragraphs 276A-276DH and in it, it says that continuous residence may be considered broken if the applicant left the country with no legal right to come back or if applicant has spent any time outside the country with his visa expired.

My friend has a gap of 20 days in that respect. He left UK at the end of his first stay as student after 6 and half years and in the process his visa expired. But they applied for his wife's visa and became a dependent of student and came back to UK.

Will these 20 days, where his visa expired, consider to have broken his long stay?

Thanks
Imads

[vinny]

Vinny, I read paragraphs 276A-276DH and in it, it says that continuous residence may be considered broken if the applicant left the country with no legal right to come back or if applicant has spent any time outside the country with his visa expired.

Which paragraph(s) of the Immigration rules says that?

[imads]

I may be reading a bit too much into it, but the word 'existing' in the below paragraph bothers me.

"276A. For the purposes of paragraphs 276B to 276D and 276ADE and 399A.

(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:"

[vinny]

"Existing leave" just means that the person has valid leave when departing and entering the UK. There is no requirement that this leave has to be the same leave. There is no requirement to have leave when outside the UK.

See also Examples of continuous residence and Examples of continuous lawful residence.