Eligibility for 10Yr long residence

[igiosan]

Hello All,

I've got a question regarding my eligibility for ILR under the 10yr long residence rule.

I moved to the UK in 2006 as a student and applied for PSW (which was refused because of a dip in maintenance funds) in March 2009. Whilst my application was under consideration at the HO, I had maintained the appropriate funds to re-apply from overseas. Following the refusal of my initial PSW application, I travelled back to my home country (within 28 days of receiving the refusal notice) to re-apply for the same visa which was approved. I immediately returned to the UK and in all was out of the country for about 20 days.

My question is, does this reset the clock as far as the 10yr rule is concerned or would I be eligible to apply for ILR in 2016 under the provisions of this rule?

[Manka10]

continuous residence is broken since you did not have a valid leave to remain in UK when you left

[Amber]

Lawful residence may not be broken, see page 17.

[Manka10]

as per the rules countinuous residence is broken, however, discretion can be exercised in pretty much any case if there are grounds for leniency

[igiosan]

Thank you for your replies Manka10 & D4109125.

D4109125, what do you mean when you say 'Lawful residence may not be broken'? would you be kind to give more details please?

[bindusharath]

Hi everyone,

I entered UK in October 2006 as a student and currently on a dependent visa where my wife is the main applicant and is on tier-4 student visa. I know that to apply for ILR one should not be out of the country for more than 6 months. I had been to my home country in September 2010 and came back on June 8th and during this stay I had a valid visa(PSW). Does this break the 10 year count? I have a valid medical reason. Can it be considered during the application If I provide correct medical exemption?............

Please post if anyone know what would be the outcome in this case.....

[Amber]

Read the linkat page 17.