When does the 10 year window exactly commence from?

[masoni01]

Hey all,

I am also in the same situation.
-Entered 15 Sept 2006
-in 2016 Sept was more than 540 days
-now in July 2017 I am under 540 days (assuming starting the clock from July 2007)
-July is an infamous time for University summer vacations so was actually out of the country this time in 2007 and back in the country only on 14th Sept 2007.

-- Can I apply right now?
-- OR do I have to wait till 14th Sept 2017?

Looking forward to y'all receiving any advice from lawyers etc.

This part really tells me I can apply now-

There is a qualifying period to complete for a Long Residence application It runs either from
 the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK

What do you guys think? Thanks for all the help!

[costumedesign]

It is the date you entered the UK, so Sept 14th unless your summer holiday was actually in the UK Hope that helps

[masoni01]

Hey thanks for answering,

Are you sure about this, this is because the Gov.uk website states-

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

And to be honest I was given permission in August 2006, and was in the country (physically) before this on Sept 15 2006, and up until 16/06/2007 (flew home on 17/06/2007 to return back on 14/09/2007)

and again in the Guidance notes it states-

4. When to apply
You should apply before the end of your permitted stay in the UK.
There is a qualifying period to complete for a Long Residence application It runs either from
 the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK.

I have been refused before for going over 540 days so even though I think it says pretty much that I can apply already, I would be most grateful if someone is aware of this exact situation to help squash my doubts before applying!

Thanks once again!

[CR001]

It is the date you ENTERED the UK that is used to calculate residency.

when you were given permission to stay in the UK

This extract is ONLY relevant to migrants who applied to regulise their stay WITHIN the UK, i.e. Leave to Remain such as discretionary leave etc. and is NOT relevant to entry clearance visas.

[masoni01]

Hello all,

I have a question regarding when does the 10 year window START for an ILR application?

Quick background on my case
-Student Visa granted 25 Aug 2006
-Physically entered the UK on 15 Sept 2006
-in 2016 Sept was more than 540 days (did apply but got refused for being over by 30 days)
-now in July 2017 I am under 540 days (assuming starting the clock from July 2007)
-July is an infamous time for University summer vacations so was actually out of the country (left on 17/06/2007) this time in 2007 and back in the country only on 14th Sept 2007.

-- Can I apply right now? [I have been in the country for 10 years starting July 2007 and under 540 days right now, can the 10 year date start while on holiday as there was a valid visa starting before that time and was physically present before as well]
-- OR do I have to wait till 14th Sept 2017?

Looking forward to y'all receiving any advice from lawyers etc.

This part really tells me I can apply now-

There is a qualifying period to complete for a Long Residence application It runs either from
 the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
 the date on which you were first granted permission to remain in the UK

What do you guys think? Have you seen a specific case like this in submitted cases? Is there any precedence?

Once again summarising the question-

---- Can I apply right as of 11th July 2017?
---- OR do I have to wait till 14th Sept 2017? If so can I apply on 18th Aug 2017 as it is 27 days before the completion of the period?

Thanks for all the help!

[CR001]

Topics merged. No need to start multiple topics with the same question.

As you have more than 10 years residence, it is counted backwards from date of application.

[masoni01]

I must say thanks a lot for the quick and pertinent response! Appreciate any and all advice in the area.

As you have more than 10 years residence, it is counted backwards from date of application.

I hope I am not being silly here but, could you tell me which of the two options should I choose now that you can understand my case a bit better?

-- Can I apply right now? [I have been in the country for 10 years starting July 2007 and under 540 days right now, can the 10 year date start while on holiday as there was a valid visa starting before that time and was physically present before as well]

-- OR do I have to wait till 14th Sept 2017?

Many thanks for the aid!

[CR001]

The physically present rule is for citizenship not for ILR.

[masoni01]

So based on your understanding of this, I can apply right now, yes?

[CR001]

If you are within the total absence limit and have no single absence of more than 180 days etc and meet all the other requirements, you should be ok to apply.

Not sure what visas categories you have held throughout your time in the UK or what your current visa is, but hopefully you have not exceeded your working hours while a student.

Do you have dependents with you in the UK?

[masoni01]

Amazing! So the 10 year date is a sliding window and doesn't necessarily need a physical presence in the country to initiate the period!

Thanks a lot mate!