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Eligibility to apply for ILR - LR (10 years) based on my absences

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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annath
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Eligibility to apply for ILR - LR (10 years) based on my absences

Post by annath » Mon Jul 03, 2023 5:33 pm

Hi everyone,

I have a question in regards to my eligibility to apply for ILR (LR - 10 years) this September.

I've been in the UK lawfully for 13 years (since July 2010). Due to multiple absences during my uni years, as well as several switched routes after graduating, I still don't have ILR. However, I should finally qualify for it this September.

I wanted to double check that it's the case as I've heard some conflicting information from 2 different lawyers.

My case:

1) September 2013 - September 2023: I have 504 absences out of allowed 548.

2) In 2014 I spent 8 months living in Paris, completing my Erasmus period abroad as part of my UK university programme. During those 8 months, I kept coming back to the UK, therefore I don't have a period of 184 days at one given time.

3) Life in the UK test and language requirements are met.

Based on the above, am I able to apply in September? What confused me, is that one of the lawyers mentioned 180 days of absences in any 12 months which would have been the case for me in 2014 (even though I don't have 184 days at one given time). From my own research, I only found this requirement in ILR guidance for 5 year route and didn't see this for LR (10 years).

Could someone please advice on this?

Really appreciate your time.

Thanks!!

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zimba
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Re: Eligibility to apply for ILR - LR (10 years) based on my absences

Post by zimba » Mon Jul 03, 2023 5:43 pm

Under the long residence you cannot have:

1. More than 180 days of continuous period of absence from the UK
2. More than 540 days of absences in total in your 10-year period

That is all. The max of '180 days of absence in any 365-day period' is NOT relevant to the long residence route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

annath
Newly Registered
Posts: 5
Joined: Wed Apr 28, 2021 1:40 am
United Kingdom

Re: Eligibility to apply for ILR - LR (10 years) based on my absences

Post by annath » Mon Jul 03, 2023 7:36 pm

Thanks a lot Zimba, understood!

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