18 month absence criteria for ILR - need some advice!
Posted: Mon Sep 06, 2010 10:13 pm
My story: I am just about to apply for ILR under the 10 years continuous residence category. I arrived alone in the UK in 1998 from Hong Kong to study at boarding school in Kent. I have been here ever since and attended University in London between 2006 - 2009. I converted my student visa into a Post study work visa in sept 2009. I am now working full time at the same University. Basically I have been in the country now for 12 years.
I have not left the country on any one visit for longer than six months however I fear that I may have broken continuous lawful residence by being absent for longer than a total of 18 months. This is because during my years at boarding school (1998 - 2005) I would travel home every holiday, at Christmas, Easter and Summer, and this came to a total of around 100 weeks (approx 25 months). However, I was a minor, and I was visiting home to stay with my family during the school holidays, as every international boarder was at the time.
Is this likely to be taken into account in my case?
One other thing - does the ten year qualifying period have to be the most recent ten years? (i.e. ten years back from time of application) If so, this takes out 7 of the 25 months absence as I would start my qualifying period from 2000 and not 1998.
Your guidance is much appreciated.
I have not left the country on any one visit for longer than six months however I fear that I may have broken continuous lawful residence by being absent for longer than a total of 18 months. This is because during my years at boarding school (1998 - 2005) I would travel home every holiday, at Christmas, Easter and Summer, and this came to a total of around 100 weeks (approx 25 months). However, I was a minor, and I was visiting home to stay with my family during the school holidays, as every international boarder was at the time.
Is this likely to be taken into account in my case?
One other thing - does the ten year qualifying period have to be the most recent ten years? (i.e. ten years back from time of application) If so, this takes out 7 of the 25 months absence as I would start my qualifying period from 2000 and not 1998.
Your guidance is much appreciated.