10 Years Long Residence Inquiry - Can I apply?

[waltwalter]

Hi All,

I just want to ask what are the criteria for ILR based on 10 years long residence. Can I qualify?

I came as student in Jan-2004 and stayed in UK upto Jun-2007 and then went back my country.

In Sep-2007 my wife applied as student and then I applied as her dependent and my application was refused in Dec-2007. I won my appeal and came to UK in Jun-2008.

My wife got her Tier-1 in Dec-2010 and now I'm her dependent.

My question is can I qualify for ILR under 10 years long residence (Jan-2004 to now). I was out of UK for 12 months (Jun-2007 to Jun-2008) and that too because of my appeal which took around 6 months.

Can anyone please answer?

[vinny]

Unfortunately, you were out of the UK for more than six months, contrary to 276A(a).

[waltwalter]

Thanks Vinny.

[Amber]

There is always discretion, the caseworker should look at the circumstances and any mitigating factors and your intentions. That could be, if you applied for EC within 180 days, were refused and subsequently appealed and were successful, as in your case. This would be stronger if, over the last 10 years, total absences were <540 days. If you failed and had the right of appeal, you may be granted leave under private life. It would be a risk and you should expect to lose the fee. You'd have to ask them to apply discretion explaining your intention was always to come back within 180 days etc...

[waltwalter]

Hi Amber,

Thanks for your help/explanation.

Yes my intention was to come back but my visa got refused and I appealed straight away which took most of the time around 6-7 months. Other than that year lost my over all absence is less than 500.

Do you think I should get some advice from immigration solicitor if I have a chance?

[Amber]

Like a say a chance exists with discretion, applying for EC within 180 days absence should be supportive as should <540 days total absence. I would seek legal advice, do keep us informed. If you do apply, make it as supportive as possible, focus on your intention to return and not break continuous residency.

[waltwalter]

Thanks Amber.

Looks like it could be a complicated case.

I will keep you informed.

Do you or anyone has any recommendation which immigration solicitors I should consult?

[Amber]

I don't but one that has experience with similar cases.

See also, Any good law firm recommendation? (Click)

[waltwalter]

Thanks Amber,

I will search and try to call few solicitors.

If you do know any with similar experience, please let me know.