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ILR 10 Year Rule

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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NOG
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Posts: 265
Joined: Mon Dec 08, 2008 11:03 pm
Location: UK

ILR 10 Year Rule

Post by NOG » Fri Jan 13, 2012 8:01 am

I have been through the revised modernised guidance on the 10 year rule - Chapter 18 (Long residence) modernised guidance, and gather that in terms of the residency requirements relating to absences from the UK - to qualify under this category, the applicant must not have been absent from the UK for a period of more than six months at any one time and not spent a total of 18 months outside the UK throughout the whole period.
Is there also a requirement under this category that the applicant must not spend more than 90 days outside the UK one year prior to the application being made? Apologies if this has been covered elsewhere however I am unable to find the information.

Thanks.

zchay3e
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Posts: 42
Joined: Tue Dec 07, 2010 2:39 pm

Post by zchay3e » Fri Jan 13, 2012 4:31 pm

No.

mubasher
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Posts: 40
Joined: Thu Jan 12, 2012 11:13 pm
Location: london

Post by mubasher » Sat Jan 14, 2012 5:41 pm

no m8 nothing like this ,got same ILR on 10 yeras basis and been out for about continous 113 days and total 523 in 10 years and had no problems.good luck

i_dan
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Joined: Mon Apr 16, 2012 11:10 pm

Post by i_dan » Mon Apr 16, 2012 11:37 pm

The revised Chapter 18 (Long residence) of the Immigration directorate instructions actually says that the "Continuous residence is considered to be broken if the applicant has spent a total of 18 months outside the UK throughout the whole 14 year period.".

Does this only apply to those who seek ILR after a period of 14 years of continuous legal/illegal residence? The document doesn't specifically say if the "18 month" rule applies to the legal 10y applicants.

I might have spent more than 18 month outside the UK in the past 10 years, but 80% of that was during the academic holidays, 10% were business trips and 10% paid annual leave.

Can anyone tell me if I am in trouble or not?

vinny
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Post by vinny » Tue Apr 17, 2012 1:28 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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