Immigrationboards.com

Time spent outside the UK
Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months. See example 1 below.
Continuous lawful residence is broken if the applicant:
 has a gap of leave of more than six months, or
 departs the UK after their valid leave has expired.

CR001 wrote:Continuous lawful residence is broken if the applicant:
 has a gap of leave of more than six months, or
 departs the UK after their valid leave has expired.

Trahman007 wrote:Hi This is my first post and I need some advice regarding ilr under 10 year rule

I completed 10 years from 1997 to 2007 and then went back home for 14 months. I later re entered the uk on a tier 1 visa. My question is that can I apply for ilr under 10 year rule as I did complete it in 2007
I heard at the time of my tier 1 application that because I had left for more than 3 months I was no longer eligible for 10 year ilr however I heard today that that is no longer the case.

Please can anyone clarify?

Oh yeah I also had a 9 day gap between student visas back in 1998 will this a problem?

Thanks in advance

Manka10 wrote:you can apply 10 year ILR at anytime once you finish the 10 year period, no amount of time gap later matters

Trahman007 wrote:

Manka10 wrote:you can apply 10 year ILR at anytime once you finish the 10 year period, no amount of time gap later matters

Is there any website where it says I can apply under the 10 year rule even though I left the country for a very long time, ( I called the home office and they said as I have left the uk for more than 6 months I can no longer apply, this was also confirmed by 2 different solicitors, having said that when I called another solicitor he said i can apply as The Immigration rules state that once an applicant has built up a period of 10 years continuous lawful residence here in the UK, there is no limit on the length of time after which they can apply for ILR. In effect an applicant can leave the UK and re-enter and apply.

Trahman007 wrote:

Manka10 wrote:you can apply 10 year ILR at anytime once you finish the 10 year period, no amount of time gap later matters

Thank you all for your replies.

I can apply for ilr through tier 1 in about 13 -14 months time.
So in the opinion of the members of this forum would you say to wait for a year or to apply under the 10 years given my circumstances.

Is there any website where it says I can apply under the 10 year rule even though I left the country for a very long time, ( I called the home office and they said as I have left the uk for more than 6 months I can no longer apply, this was also confirmed by 2 different solicitors, having said that when I called another solicitor he said i can apply as The Immigration rules state that once an applicant has built up a period of 10 years continuous lawful residence here in the UK, there is no limit on the length of time after which they can apply for ILR. In effect an applicant can leave the UK and re-enter and apply.

Thank once again for all your help

D4109125 wrote:

Trahman007 wrote:

Manka10 wrote:you can apply 10 year ILR at anytime once you finish the 10 year period, no amount of time gap later matters

Thank you all for your replies.

I can apply for ilr through tier 1 in about 13 -14 months time.
So in the opinion of the members of this forum would you say to wait for a year or to apply under the 10 years given my circumstances.

Is there any website where it says I can apply under the 10 year rule even though I left the country for a very long time, ( I called the home office and they said as I have left the uk for more than 6 months I can no longer apply, this was also confirmed by 2 different solicitors, having said that when I called another solicitor he said i can apply as The Immigration rules state that once an applicant has built up a period of 10 years continuous lawful residence here in the UK, there is no limit on the length of time after which they can apply for ILR. In effect an applicant can leave the UK and re-enter and apply.

Thank once again for all your help

They're getting confused with lawful residence breaks. You've done the 10 years so you can apply anytime afterwards as per pg12 of the guidance form set(lr) is the form.

Trahman007 wrote:

D4109125 wrote:

Trahman007 wrote:

Manka10 wrote:you can apply 10 year ILR at anytime once you finish the 10 year period, no amount of time gap later matters

Thank you all for your replies.

I can apply for ilr through tier 1 in about 13 -14 months time.
So in the opinion of the members of this forum would you say to wait for a year or to apply under the 10 years given my circumstances.

Is there any website where it says I can apply under the 10 year rule even though I left the country for a very long time, ( I called the home office and they said as I have left the uk for more than 6 months I can no longer apply, this was also confirmed by 2 different solicitors, having said that when I called another solicitor he said i can apply as The Immigration rules state that once an applicant has built up a period of 10 years continuous lawful residence here in the UK, there is no limit on the length of time after which they can apply for ILR. In effect an applicant can leave the UK and re-enter and apply.

Thank once again for all your help

They're getting confused with lawful residence breaks. You've done the 10 years so you can apply anytime afterwards as per pg12 of the guidance form set(lr) is the form.

Manka and Amber thanks
I feel abit stupid I could have applied a long time ago,
But am shocked that a lot of solicitors I called had no idea about the guidance in pg 12
one other question going through my old passports some of the arrival stamps are very hard to see. Heathrow don't stamp when u leave so they won't have a record and I know for a fact that the holiday destinations wont have one either
What can I do?

Thank you all for your positive input

D4109125 wrote:

Trahman007 wrote:

D4109125 wrote:

Trahman007 wrote:

Thank you all for your replies.

I can apply for ilr through tier 1 in about 13 -14 months time.
So in the opinion of the members of this forum would you say to wait for a year or to apply under the 10 years given my circumstances.

Is there any website where it says I can apply under the 10 year rule even though I left the country for a very long time, ( I called the home office and they said as I have left the uk for more than 6 months I can no longer apply, this was also confirmed by 2 different solicitors, having said that when I called another solicitor he said i can apply as The Immigration rules state that once an applicant has built up a period of 10 years continuous lawful residence here in the UK, there is no limit on the length of time after which they can apply for ILR. In effect an applicant can leave the UK and re-enter and apply.

Thank once again for all your help

They're getting confused with lawful residence breaks. You've done the 10 years so you can apply anytime afterwards as per pg12 of the guidance form set(lr) is the form.

Manka and Amber thanks
I feel abit stupid I could have applied a long time ago,
But am shocked that a lot of solicitors I called had no idea about the guidance in pg 12
one other question going through my old passports some of the arrival stamps are very hard to see. Heathrow don't stamp when u leave so they won't have a record and I know for a fact that the holiday destinations wont have one either
What can I do?

Thank you all for your positive input

It should be on the system, I'm sure you'll be fine and wouldn't worry unless the ukba ask for further details.

Trahman007 wrote:Hi
Just a quick question regarding time spent outside the
I have two problems
The dates in my passport are not in English but I can get hm attested.

the bigger issue is that the dates in the first 3 years have been faded and are almost impossible to read. ( I can give approximate dates but not accurate ones)

I would have understood if my passport was stamped by heathrow on the way out but they are not, I only have the arrival stamp from my destination hence their wont be any record of them in the uk and there won't be any records if them at my home destination as this was between 1997 - 1999

Is there a way round this?

Your input is very much appreciated
Thanks

sheraz7 wrote:Request Sar file from UKBA that contains all the information and past record about an applicant.

Trahman007 wrote:Hi

will it have the dates I left the country as I clearly remember heathrow not stamping my passport when I left

Thanks

Trahman007 wrote:Hello
I completed 10 years on a student visa then went away for over a year and came back on a tier 1 visa.
I was told By members in this forum that I can apply under 10 years however I was told by a lawyer that I can't because I came back under a tier 1 visa.

wont the home office query why I did not apply earlier as I am into the 4th year of my tier 1.

Under tier 1 I only worked about 13 months before the extension and was made redundant afterwards in oct 11. I was unemployed till feb13
I can apply for ilr in jan 2014.

Can I apply under tier 1 as I was not employed for long durations and I did go back home every year for less than 4 weeks but I won't be able to get a letter from an employer as I was unemployed

Can someone please tell me which is the more viable option

Thanks in advance

sheraz7 wrote:A person who has already/previously build up atleast 10 years of legal residence is entitled to apply ILR at anytime. Your 1 year absence after completing 10 years won't affect it.

Trahman007 wrote:Bump

D4109125 wrote:Your question has been answered.

Trahman007 wrote:Will I be able to apply under tier 1 given my circumstances as stated above

Thanks

D4109125 wrote:If you have 10 years of continuous and legal stay in the UK then you can apply for ILR now. If you built the 10 years then had a 1 year break you can still apply for ILR now providing your current leave is valid.

Trahman007 wrote:Thanks for input.
Reason why I am asking if I can apply under tier 1 is that then I can do a same day application if I do it under 1o years it will take upto 6 months.


Thanks in advance

D4109125 wrote:If set(lr) takes 6 months but you won't qualify for PBS ilr until jan 2014 that argument doesn't make sense,

Trahman007 wrote:Hi if I may let me re phrase my initial query.
Given my circumstances( only working before the tier 1 extension working presently) will I be able to apply or ilr under tier 1 as I have had gaps in employment and also won't be able to get letters from employers to cover the periods away from the country as I was not working at those times.

Cheers

zen135 wrote:You can certainly apply for ILR under Tier 1 in 2014. There is no requirement for the applicant to being continuously employed for the whole 5 year period under the Tier 1 General category that you are under now.

As long as you have not been out of the country for more than 180 days in a year, the PEO caseworker shouldn't ask for any employer letters(based on recent experience of successful PEO applicants). If you are asked, explain that you were not employed during the period in question.

Trahman007 wrote:Good morning all
Just a quick query
If one wants to apply for ilr through tier 1 does it matter how long he has been in employment before the application date or so as long as he has earnt enough in the last year of employment be it 3 months or 12 months.
Ie if the ilr application date is in feb and the person leaves the job in Novmeber will that be a problem so long as he has earnt the minimum required or will the case worker see it as a negative and reject the case?


Thanks