10 years to get ILR

[iamamonkey]

Hello,

I have been in the UK since 1997. In short, my status is:
Sept 1997 - Oct 2003 : Student Visa (6 years 1 month)
Oct 2003 - Dec 2003: Vistor's visa (2 months)
Dec 2003 - May 2004: Went back to my home country (5 months)
May 2004 - Jan 2006: TWES work permit (1 year 8 months)
Jan 2006 - now: Dependant Visa (2 months)
TOTAL : 8 years 6 months

Basically I've got 2 questions:
1) would I be able to apply for the ILR under the 10 year rule come Sept 2007?
2) would me staying abroad for 5 months make the count to 10 years null and void?

This is because, i read on another website (http://www.Named OISC advisers.com/page61__Long ... _visa.aspx) that "Short absences abroad of up to six months at any one time within the 10 year or 14 year period will not constitute a break in residency."

Please help.

Thanks.
monkey

[John]

Monkey, you say about the six months out of the UK, and therefore have answered your own question.

It looks to be the case that all time in the UK has been "legal" and thus I would expect a 10-year application to succeed ... after 10 years ..... or indeed in the 28 days before the 10 years is up.

[Kayalami]

iamamonkey,

276A. For the purposes of paragraphs 276B to 276D:

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

<snip>

My interpretation of the above rule pertaining to the issue of "continuous residence" is that if your visitor visa expired before your TWES visa was granted then the ILR clock counter re-set to zero. IIRC a poster here was granted ILR despite having a 1 week gap between dependent student visa and own student visa applications due to the latter application being made abroad as a result of 'in country switching' rules changing. A 5 month gap is IMHO excessive and visitors would have less of a 'legitimate expectation' to further their leave in the UK relative to a student. I'm sure others will add their opinions.

[iamamonkey]

Kayamali / John,

Thanks for that. I have got a week gap between my Visitor's visa and the TWES visa. Does that mean that my counter reseted to zero?

The reason why I had to switch to a visitor's visa was because I had a job interview, which I was offered and then resulted in gaining the TWES.

Would it be worth applying for it next year?

Thanks,
monkey

[Chess]

When you went back home for 5 months then the Clock has to restart because during that time you had no Visa for stay in the UK and also there is no proof that when you left the uk for the 5 months; you had intentions of coming back....

[iamamonkey]

Hi,

My visitors visa lasted till 24 April 04 although I went back home. I was offered the job before I went back in December. Hence there was intention to come back (I have the offer letter). The TWES application took a long time because I was back in my home country. I got the TWES visa which was stamped on the 4th of May 2004.

If the clock reset to zero, then im screwed. All my time spent here has "gone to waste". Damnit!

The complication is here i suppose.

monkey

[Chess]

If it is categorically clear that at the time you left (for the 5 months); you had clear unambiguous intentions of coming back then you are Ok.....

[John]

According to the instructions that IND give to their staff a break in having a valid visa is OK if there has been :-

a short delay in submitting an application, provided the application is subsequently granted

The instructions also say :-

WHAT CONSTITUTES CONTINUOUS RESIDENCE
Continuity need not be broken by a small number of short absences abroad of up to 6 months at any one time during the 10/14 year period. Short absences cannot be said to disrupt or sever ties with the United Kingdom. These absences should normally be ignored, unless such trips are frequent.

But what is not clear is whether the use of "short" in "short delay" means the same as "short" as in "short absences" ... where it is defined as "up to 6 months".

Monkey, you say you are now on a dependent visa. Dependent of whom? What sort of visa do they have? And that person, when do they qualify for their own ILR ... in the ordinary way ... not by use of the 10-year route.

[iamamonkey]

All,

Whoa! this is getting very complicated!

I am a dependant of my wife who holds a Permit Free Training Visa. She is a doctor.

Because she is on the PFTV, as I learnt from a previous post, she would not be eligible to apply for ILR using the 4 year rule.

Would me holding a dependant visa of someone holding a PFTV hamper my application for the ILR under the 10 year rule?

monkey

[Smit]

I am not exactly sure but I think there's a requirement that all visa extensions should have been done in the UK to qualify under the 10 years rule, please check on this.

I believe that it does not matter what category of visa you held as long as you entered the UK lawfully for the first time and subsequent visa extensions over the 10 year periods were all done in the UK and you did not leave the UK for more than the permitted period.

[moni69]

Hi all,

I have a question on the same subject...

Can anyone have a definite answer for this ???

Arrived in UK on a TWES Visa for a year in Sep-2000
TWES Visa got extended for another year in Sep-2001
Went back to India in Sep-2002
Came back to the UK in Apr-2003 (on a 5 yr work-permit)

Is there any chance that the Home Office may include the period spent on TWES (2 yrs) for an application on ILR ??? UNDER ANY RULE, or when is the ideal time for me to apply ???

Thanks

[penanglad]

The 5 months should be fine if you had a UK job offer at the time and were going back to get a visa, have a holiday etc.. I had a 5 month gap which I explained by saying I was doing a language course sponsored by my future employer. The caseworker checked with his superior, but it was all fine.

Short absences are anything up to 6 months. Anything between 3-6 months will be scrutinised to see if there are continuing links to the UK.