ILR - 10 year long residency - how many days absent allowed?

[catnap2012]

Can someone confirm if it's true that only 6 months, that is 180 days, are allowed out of the UK in the 10 years for long residency eligibility?

I know it's 180 days for ILR coming from a Tier 1 visa after 5 years, so I would have thought it could be 320 days for 10 years.

[zchay3e]

540 days in total. No more than 180 days in one go. Also, no gaps. See rules.

[ladykg]

Hi I am new in this forum, but been reading the posts for quite a while and found this forum as very helpful and useful.
I would like to seek and advice before deciding whether I should stay and carry on or just leave the country. I know it's like 4 more years to go to be eligible to apply under "10 yrs long residency", but I'd like to plan ahead.

I landed in the UK in October 2006 as a student and been extending my stay in the same category until March 2010 when I got my PSW until March 2012. I had to leave the country on the last day of my visa expiry, as I couldn't get extension. I then applied for entry clearance as student in Tier4 category and entered UK on 27 June.
Does anyone know if the long residency duration has been broken with the gap of 3.5 months and re-entering the country in different category?

Would appreciate any advice and info.

[pokhreligautam]

Hi I am new in this forum, but been reading the posts for quite a while and found this forum as very helpful and useful.
I would like to seek and advice before deciding whether I should stay and carry on or just leave the country. I know it's like 4 more years to go to be eligible to apply under "10 yrs long residency", but I'd like to plan ahead.

I landed in the UK in October 2006 as a student and been extending my stay in the same category until March 2010 when I got my PSW until March 2012. I had to leave the country on the last day of my visa expiry, as I couldn't get extension. I then applied for entry clearance as student in Tier4 category and entered UK on 27 June.
Does anyone know if the long residency duration has been broken with the gap of 3.5 months and re-entering the country in different category?

Would appreciate any advice and info.

Hi,
If you had left the country with valid leave to remain and re-entered the UK within 180days then your continuous residency in UK has not been broken,

[ladykg]

Thanks a lot for prompt response pokhreligautam. Yes, I left the country on the last day of my leave, which was 13 march and re-entered on 27 june, so it works out less than 180 days

[FaeLLe]

Thanks a lot for prompt response pokhreligautam. Yes, I left the country on the last day of my leave, which was 13 march and re-entered on 27 june, so it works out less than 180 days

My interpretation of the current law indicates your residency period has been broken as indicated on http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The reason for this is because your Tier 1 PSW leave expired out of country and there was a gap of more than 28 days before you applied for your new leave with which you re-entered on 27 June.

Quoting the website,
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, then the continuous period is broken and leave is not aggregated.