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10 year indefinite leave to remain application. student.

Posted: Thu Jan 30, 2014 1:56 pm
by kenray92
Hi, I have comleted my 10 years of continued residence inthe UK - the entire period on a student visa.

I came here on 3rd July 2003 and now it is 30 jan 2014.

One problem I have is that over the 10 year period from 2003 to 2013 I have left the country for a total of more than 540 days. Most likely around 580-590 days.

This is why I have not applied as soon as my 10 year period was completed, since i wanted to bring the 'absent from UK' numbers down by staying in the UK without leaving - and applying for 2004-2014.

Since I have mostly returned to my home country to visit my parents during the xmas and summer holidays, i figured if I stayed here during those times i can bring the number down. I hope this makes sense.


But one issue that has arisen is that I wish to do an erasmus programme in France which would start in September this year. This means that either I would have to apply for the ILR now and hope to receive it before september or I would just have to spend the year abroad and then apply for residency once I return to the UK after the erasmus year based on the 10 years continued residence built up in the past.

"Once an applicant has built up a period of 10 years continuous lawful residence, there is no
limit on the length of time afterwards when they can apply. This means they could leave the
UK, re-enter and apply for settlement based on a 10 year period of continuous lawful
residence they built up in the past. "

I read this in the guidelines which gave me hope. Does this mean that i can do my year abroad and then return for my final year here inthe UK and apply for ILR then?
Would the big absence during the year abroad pose a problem? Could I choose from which date i wish to calculate the 10 years? (in my case it would be backwards 10 years from the summer of 2014)

I really would appreciate some advice please:) it seems that i would really have to act fast if I was to apply before I leave, so any advice would be very helpful thank you.

Re: 10 year indefinite leave to remain application. student.

Posted: Thu Jan 30, 2014 9:38 pm
by Seneca
I recommend you apply now. Then you can have peace of mind on your Erasmus program. They take between 3 to 6 months now to process the ILR on long residence route. Have a look at 10 years long residence thread.

Re: 10 year indefinite leave to remain application. student.

Posted: Fri Jan 31, 2014 12:17 am
by cee14
Hi Kenray92
I am going to apply next year for 10 year ILR with my tier-4 visa. I will appreciate if you guide me from your knowledge and experience about the documents which I would be required under 10 yr ILR so that I can start in arranging/collecting in advance. I think I need only my passports covering 10 years period and current biometric but want to be sure if any more documents are needed??
Best of Luck for your ILR
Thanks

Re: 10 year indefinite leave to remain application. student.

Posted: Fri Jan 31, 2014 3:30 pm
by kenray92
Seneca wrote:I recommend you apply now. Then you can have peace of mind on your Erasmus program. They take between 3 to 6 months now to process the ILR on long residence route. Have a look at 10 years long residence thread.
Yes i think that would be ideal. But I am not sure if I would be able to get it before september. I think the earliest I'd be able to apply is late february or early march. If it does take 6 months or more, then I would be stranded here without a passport and wouldnt be able to go abroad. Also, I am not entirely sure that I would be granted the residency given the amount of days ive been absent.

Is it impossible to apply for it after I return from France based on the 10 years i have built up in the past?

Re: 10 year indefinite leave to remain application. student.

Posted: Fri Jan 31, 2014 3:31 pm
by kenray92
hi, cee14, I am also starting to prepare them myself so i am in no position to give you helpful advice. sorry!
good luck to you too

Re: 10 year indefinite leave to remain application. student.

Posted: Fri Jan 31, 2014 7:05 pm
by Seneca
No it is not impossible. It is perfect OK to apply after you are back from France.