ILR long residence. Leaving UK then applying.

[kenray92]

Hi, I am a student on the tier4 visa and have been here for over 10 years since july 2003.

I wanted to apply for ILR but my absent days were over 540days which is why i have waited to bring this number down.

Recently I decided I wanted to do a year abroad in my university studies which would start from september 2014.

In light of this, i wanted to ask about this clause in the long residence guidance:

"Once an applicant has built up a period of 10 years continuous lawful residence, there is no
limit on the length of time afterwards when they can apply. This means they could leave the
UK, re-enter and apply for settlement based on a 10 year period of continuous lawful
residence they built up in the past. "

Does this mean I can leave for my year abroad, then return to the UK to complete my final year at uni, and then apply for ILR based on the 10 years I have built up in the past? (which would in my case be 2004 -2014?)

I would really appreciate some advice on this. Thank you very much.

[Amber]

Was there any compassionate reason for the excess absences?

[kenray92]

Was there any compassionate reason for the excess absences?

Im not sure what counts as compassionate.

i came here at a young age (10) and my parent continued to work in south korea to support my education.
I went back reguarlarly during the summer and christmas holidays to see my parents.

Also, one time I had to extend my stay to attend my grandfather's funeral.

Other times there were work experiences and things that i chose to do in korea.. but im not sure if this will be a good enough reason.


But my primary concern is wish the ability to apply for residence based on long stay after my year abroad. can i apply based on the 10 years ive built up in the past?

Would the home office think negatively of the fact that i spent a whole year outside the UK before applying or will they look at it as an extention of my academic studies at my current university. Afterall, my final year will be here... so im not going to france with the intention of nver returning!

i would really appreciate some advice on this.

PS. if i do go... id ahve to apply based on the 10 years from 2004 to 2014 which would probably have absent days slightly more than 540 days. Is it worth the risk? is it possible at all?

thkankksks.

[kenray92]

Once an applicant has built up a period of 10 years continuous lawful residence, there is no
limit on the length of time afterwards when they can apply. This means they could leave the
UK, re-enter and apply for settlement based on a 10 year period of continuous lawful
residence they built up in the past.

this was in the guidance for long residence.

Can someone explain what this actually means?

Ive been herefor 10 years and a half now continuously and lawfully.
Can i leave for 1 year next year on a year abroad and then apply after i come back?

[Amber]

I Wouldn't. You could in theory be refused re-entry. Get it done whilst you can.

[kenray92]

I Wouldn't. You could in theory be refused re-entry. Get it done whilst you can.

why would i be refused re-entry?

[Amber]

I don't know, there could be a number of reasons subject to your personal circumstances. Also, the law regarding long residence could change in the interim period.