10 year ILR travel between standard application date and receipt of ILR

[MaidaValeNewbie]

Hi

I took an international secondment to Paris. It lasted for around 200 days. I was in the UK frequently over those 200 days, and was never out of the UK for more than 60 days at a time.

As the secondment was greater than 180 days, I was wondering if this might affect my ILR application.

I will be applying under the 10 year route.

I think the answer is no, but grateful if you could confirm!

Also, separately, my visas over the last decade are Tier 4 (student), partner and Tier 2 visas. I presume these are all fine for the 10-year route?

Thanks!

[CR001]

The requirement for long residence is no absences exceeding 540 days in the whole 10 years and no single absence of 180 days at any time.

[MaidaValeNewbie]

thank you - do you mean the whole 10 years?

[CR001]

thank you - do you mean the whole 10 years?

Yes, post corrected to 10 years.

[MaidaValeNewbie]

Hi

I understand that, upon application under the 10 year route, I am supposed to provide my movements in and out of the UK over the past 10 years to ensure that I haven't been away for over 540 days.

I don't have my old passport that would have covered the first part of this time period, and I understand the Home Office / UKBA only keeps entry/exit records for the past 5 years (I have requested and obtained these records).

Between the 5 years worth of info provided by the Home Office and my own records, and I can re-construct most of my movements over the past decade, but I worry I may have some dates wrong.

I imagine this is a common problem.

Is it correct that the Home Office/UKBA only holds entry/exit records for 5 years? Again, that's what I was told, but maybe they have them going back further but can only provide 5 years worth of information to an applicant requesting these records. I would think they would need to hold on to records for at least 10 for these types of applications!

If they don't have this, is there another UK agency that might have this information? I'm just wondering how I can get complete records for the past decade.

Thanks.

[CR001]

Topics merged!!

[seagul]

If they don't have this, is there another UK agency that might have this information? I'm just wondering how I can get complete records for the past decade.

Thanks.

If your old passport was kept by your passport issuing authority while renewal then you can request them to send you the copy of those stamps. Or if you remember the airlines you flew with then they might give you that detail. Or speak to your old employer or school who must have authorized your holidays.

[MaidaValeNewbie]

Thank you, but I have lost my old passport. I would imagine this is quite common.

a lot of my time away would have been during holiday times as a student, and there would be no formal record of that.

[CR001]

Thank you, but I have lost my old passport. I would imagine this is quite common.

a lot of my time away would have been during holiday times as a student, and there would be no formal record of that.

Never underestimate the information HO holds on you and your travels. They have many ways to check your absence and if you don't answer truthfully in the form or if you exceed the permitted absence limit, you will be refused.

[seagul]

I would imagine this is quite common.

No its not as a lot of migrants still preserving their old expired passports as souvenir (not all consulates ask back for old passports on renewal) even after naturalized. Then check your emails as there might be some record buried such as board passes, booking confirmation/reminders. If you have longer absences then don't apply.

[MaidaValeNewbie]

I guess what I'm saying is, it seems that odd that Home Office doesn't keep records going back further than 5 years, if they are requiring 10 years worth of records for the 10 year route.

I think a lost passport is quite common.

Also, 10 years ago, I wouldn't have been keeping records of my travel anticipating that one day I would need them again for this application. I can't imagine a lot of people would have had that foresight.

As school and work has changed, so has the email address I use to book flights (some of my flights would have been booked using my personal email, but some not). I no longer have access to those email records.

[seagul]

Also, 10 years ago, I wouldn't have been keeping records of my travel anticipating that one day I would need them again for this application. I can't imagine a lot of people would have had that foresight

Whilst not sure about your individual case which might have an exception but with hindsight, nobody is on earth who at least don't take selfies & pictures on/around airport & hotels and with family members when on vacations. In comparison to mind memory the SD card/USB is phenomenally copious, I myself have excavated a lot of forgotten key historical dates even relating to none-immigration matters from past pictures & selfies. Interestingly even the picture & selfie is not time & date stamped but still by checking its properties you will extract its actual date & time.

[MaidaValeNewbie]

Hi

I'm coming up on 10 years in the UK and am hoping to apply for ILR under the 10-year scheme in the next few months. I have a few questions am hoping the community might be able to help.

I came to the UK in 2010 on a student visa. That expired on 1 November 2013 (and I left the UK on that date). I re-entered the UK on 13 December 2013 with a new student visa, which started on that date. I believe this type of absence is fine for continuous residence purposes (but the days out of the UK do count towards my max 540 days away), but grateful if you could confirm.

I had a similar absence this year. I was on a partner visa, which expired on Feb 12. I left the UK on 11 Feb. I re-entered the UK on 24 Feb on a Tier 2 visa (which started on 21 Feb). Again, I presume this is fine for continuous residence purposes?

Finally, the visas I've been on over the past 10 years are Tier 4 (for 3 years), Tier 4 (for about 9 months), Tier 2 (for 2 years), Tier 2 (for 1 year), partner (for 2.5 years) and Tier 2 again (since Feb). I presume there's no problem with this combination of visas for the purposes of Long Residence ILR, but please let me know if I am mistaken!

Oh, one more thing, do you know if the Home Office gives out SARS that cover entry/exit dates over a 10 year period? I've been told they only go back 5 years for data protection reasons.

Thanks for all your advice!

[CR001]

Topics merged!

[MaidaValeNewbie]

Also,

does it matter when I made the above visa applications? I read things about 'must be within 28 days of your prior leave expiring' but I think that may only be when one has overstayed their prior visa, which I have not?

does it matter if the application is made from the UK or my home country? I don't think so, but just checking.

thanks again.

[CR001]

It doesn't matter.

The 28 days to make a new application is only relevant to leaving the UK with an already expired visa and making a new application outside the UK.

All absence count towards the 540 days limit.

All visas count for long residnece, even visitor visas.

[MaidaValeNewbie]

Thank you!

So, the 2 items below aren't a break in continuous residence but do count towards absences? Is that right?

"I came to the UK in 2010 on a student visa. That expired on 1 November 2013 (and I left the UK on that date). I re-entered the UK on 13 December 2013 with a new student visa, which started on that date. I believe this type of absence is fine for continuous residence purposes (but the days out of the UK do count towards my max 540 days away), but grateful if you could confirm.

I had a similar absence this year. I was on a partner visa, which expired on Feb 12. I left the UK on 11 Feb. I re-entered the UK on 24 Feb on a Tier 2 visa (which started on 21 Feb). Again, I presume this is fine for continuous residence purposes?"

Also, when you say, "the 28 days to make a new application is only relevant to leaving the UK with an already expired visa and making a new application outside the UK", do you mean this 28 day rule only applies if one is leaving the UK after overstaying a visa? In 2013, I left the UK on the date visa expired (1 November), and then applied from the UK or my home country (I can't remember) for a further student visa. I don't remember how many days after leaving the UK I applied for the visa, but I re-entered the UK on 13 December (the date the new student visa began).

Thanks!

[MaidaValeNewbie]

Hi Sorry I just wanted to double check on this!

Thanks again!

[zimba]

If you left the UK when still you had a valid visa and returned within 6 months (no matter when you applied for a visa), your continuous residence is intact as per long residence rules. However if you left when you had no visa, you must have applied within 28 days (or 14 days after Nov 2016 rule changes) for a new visa and must have been granted a visa and then returned within 6 months.

[MaidaValeNewbie]

Thank you.

Just to double-check, I assume the date of expiry listed on the visa (say, Nov 1, 2013) is a valid day for me to depart the UK? I guess what I'm saying is, should I have left on Oct 31, 2013 in order not to overstay, or is Nov 1 okay as well?

Silly question, I'm sure. But I just want to confirm!

[CR001]

Thank you.

Just to double-check, I assume the date of expiry listed on the visa (say, Nov 1, 2013) is a valid day for me to depart the UK? I guess what I'm saying is, should I have left on Oct 31, 2013 in order not to overstay, or is Nov 1 okay as well?

Silly question, I'm sure. But I just want to confirm!

The visa expiry date is fine.

You are overthinking.

[MaidaValeNewbie]

thanks!

[MaidaValeNewbie]

Hi

I have a few questions that I was hoping someone could help me with. The first is the most important.

I've read how to calculate absences on a few immigration law websites, and I just wanted to confirm how the absences work for 10 Year ILR route. I'm getting mixed information.

Let's say I have the following travel history: First date is date leaving UK, second date is date returning to UK:

1 May - 5 May
15 May - 25 May
28 May - 29 May
30 May - 30 May

I thought any date that I am in the UK does not count as a day away. So, my understanding is that ABSENCES for the above would be calculated as 3 days, 9 days, 0 days and 0 days, in that order. Is that right?

I read on an immigration law website that something like 28 May - 29 May counts as 1 day of absence, but I swear that's not right.

If someone can provide confirmation that would be great! Also, is there any Home Office guidance confirming this? Have the rules changed over the years - is that why there is confusion?

Separately, does anyone know whether the Home Office issues SARs that go back 10 years? Again, certain immigration websites are saying that they do, but the Home Office has told me (in written correspondence) that they only go back 5.

Finally, is there any news on when super priority service will resume?

Thanks.

[CULLINAN]

Your understanding RE absences is correct.

No news on when SP will resume.

[AmazonianX]

Hi

I have a few questions that I was hoping someone could help me with. The first is the most important.

I've read how to calculate absences on a few immigration law websites, and I just wanted to confirm how the absences work for 10 Year ILR route. I'm getting mixed information.

Let's say I have the following travel history: First date is date leaving UK, second date is date returning to UK:

1 May - 5 May
15 May - 25 May
28 May - 29 May
30 May - 30 May

I thought any date that I am in the UK does not count as a day away. So, my understanding is that ABSENCES for the above would be calculated as 3 days, 9 days, 0 days and 0 days, in that order. Is that right?

I read on an immigration law website that something like 28 May - 29 May counts as 1 day of absence, but I swear that's not right.

If someone can provide confirmation that would be great! Also, is there any Home Office guidance confirming this? Have the rules changed over the years - is that why there is confusion?

Separately, does anyone know whether the Home Office issues SARs that go back 10 years? Again, certain immigration websites are saying that they do, but the Home Office has told me (in written correspondence) that they only go back 5. From readily available information from HO, it goes back 5 years and if you have had written correspondence from HO stating they only go back 5 years would you want to believe what is written on an immigration website or what you are told here?(except IF you expect to hear from someone who had a concrete answer from Ho) Why don't you go back and trash it out/seek further clarification with HO through the same channel as you had before? Then you would have heard from the horse's mouth and can enlighten forum members

Finally, is there any news on when super priority service will resume?

Thanks.