10 Year Long Resident - Stay outside UK over 10 year period

[elecrobot]

Hi,

I would really appreciate if someone can answer my following query:

I came to UK on student visa in Sept 2003 and since that time I have been living legally in UK with all UK visa extensions granted on time. In July 2009, I was granted work visa under Tier 2 (General) and have been working since that time for the same sponsor. Next year in July 2014, I will qualify to apply for indefinite leave to remain based upon my 5-Year period under Tier 2 (General).

In addition to this, this year in September, I will complete my 10 year long resident status in UK (combination of student and work visas). After reading the latest guidelines for ILR under 10 year long residence rule (as given in link below), I notice that I should be ok to apply. But what I have found on various websites is that the total no. of days spent outside UK over 10 year period should not be more than 18 months. However this condition is not mentioned in the latest guidelines (as per link below).

After my calculations, I have spent around 22 months outside UK over 10 year period. This was because when I was studying at university, I would go home on summer vacations for four months as the university will close down. But during all my vacations I had valid UK visas and none of my stay outside was more than 4 months.

Can anyone please advise if this clause regarding “stay outside UK over 10 year period should be less than 18 months” is still valid and if application can be rejected on this basis?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Amber]

See page 13 of the Long residence and private life guidance (click) which states:

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is
absent from the UK for a shorter period but does not have valid leave to enter the UK
on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period.

[TheGreenTea]

I just got rejected for being 606 days outside the UK in 10 years.
The clause is very much valid.