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ILR (long residence)

Posted: Thu May 12, 2011 11:15 pm
by cometcao
Hello,

I am trying to find out if I am eligible for applying ILR under Long Residence.

1. I have been in the UK for nearly 10 years
2. I don't have any visa gaps.
3. none of my outside UK time exceeded 6 months
4. my total outside time of UK is above 18 months - however this includes a period of total roughly 170 days working abroad as an UK employee, payed in UK payroll.

My question is that if that working abroad time can be disregarded(with company approval letter), then my total time can be well below 18 months. But I am not sure if this rule applys in the 10 year long residence case.

Please clarify.

Thank you so much,

Posted: Thu May 12, 2011 11:26 pm
by joh118
hmmm... Interesting question.

I would think it is definately worth applying. But whether it would be successful is not so clear.

Posted: Thu May 12, 2011 11:27 pm
by vinny
I don't think that they can be disregarded as I haven't seen any provisions for doing so.

How many whole days were you absent?

Posted: Thu May 12, 2011 11:31 pm
by cometcao
Hello,

Thank you for the response, my rough calculation works out to be around 628 days in total(could be less, as I simply did start date - end date, I remembered I should workout "whole" away days).

But you can tell immediately my abroad working time is decisive in this case.

Posted: Thu May 19, 2011 4:16 am
by khan2015
joh118 wrote:hmmm... Interesting question.

I would think it is definately worth applying. But whether it would be successful is not so clear.
Hi, just to make sure one thing If someone can help me.If a person apply for ILR on the basis of 10 years Long Residence and spend more than 6 months
in a single gap outside the UK with a valid LTR but less than 18 months in 10 years.Does he qualify for ILR or not.
He came to this country in march 2004.Left UK in September 2008 and came back in April 2009 with valid LTR which was due to expired in July 2009.Still in the UK on student visa.Waiting to complete his 10 years on long Residence.
Any Information or helpful links.
Thanks

Posted: Thu May 19, 2011 2:05 pm
by joh118
khan2015 wrote:
joh118 wrote:hmmm... Interesting question.

I would think it is definately worth applying. But whether it would be successful is not so clear.
Hi, just to make sure one thing If someone can help me.If a person apply for ILR on the basis of 10 years Long Residence and spend more than 6 months
in a single gap outside the UK with a valid LTR but less than 18 months in 10 years.Does he qualify for ILR or not.
He came to this country in march 2004.Left UK in September 2008 and came back in April 2009 with valid LTR which was due to expired in July 2009.Still in the UK on student visa.Waiting to complete his 10 years on long Residence.
Any Information or helpful links.
Thanks
Spending more than 6 months outside of UK at any one time will stop his clock regardless of status.

It seems his 10 years restarted in April 2009... so April 2019.

Posted: Thu May 19, 2011 4:20 pm
by Aryan2013
khan2015 wrote: came to this country in march 2004.Left UK in September 2008 and came back in April 2009 with valid LTR which was due to expired in July 2009.Still in the UK on student visa.
Thanks
Your ILR clock restarted in April 2009, so you have to wait till March 2019.

Posted: Thu May 19, 2011 5:31 pm
by khan2015
Aryan2013 wrote:
khan2015 wrote: came to this country in march 2004.Left UK in September 2008 and came back in April 2009 with valid LTR which was due to expired in July 2009.Still in the UK on student visa.
Thanks
Your ILR clock restarted in April 2009, so you have to wait till March 2019.
Thanks guys .