10 Year Long Residence Question !

[aboudi]

Hello everyone! I have just been approved a work permit from my employer after being a student in the uk for 7 years . I am currently awaiting my passport to be returned to me with my new stamp after having it sent off with my FLR form over 3 weeks ago! now i am planning on applying for ILR through the 10 year rule after having my WP for three years if all goes to plan!!! However my only concern is the following! i was on a sandwich course during my earlier years as a student and part of my course was to undertake a 52 week placement OVERSEAS!! during this period i have made regular visits to the UK every 3 months to report to my course director on my progress and see my friends therefor i have never been away for over 6 months at any one time during the past seven years, however i have been away from the uk for more than 18 months in total if you take my placement into consideration !!!

Now my question is this. would my placement which was part of my course and an ESSENTIAL requiremnt to be made overseas, be considered to be a breach of the 10 year rule?!

Thank you

[tvt]

Please don't ask premature questions. Wait three years until it becomes relevant. Everything might change by then.

[aboudi]

I dont see how its premature to speculate on my current status with regards to the ten year rule.. forget the next three years and my WP, as my question is right now have i breached the conditions of the pre-requisites of the ten year rule during my student years ?

Thanks

[tvt]

You must be blind if you can't see that your question is premature.

[Kayalami]

Now my question is this. would my placement which was part of my course and an ESSENTIAL requiremnt to be made overseas, be considered to be a breach of the 10 year rule?!

As you have pointed out the rules relating to this application requires that you should not have been out of the UK for more than 18 months in the 10 year period. However there is discretion to consider granting ILR where the applicant does not quite meet all the rules but this is on a case by case basis. IMHO I suspect that you would be deemed to have maintained ordinary residence in the UK by virtue of your continued study (registered at a UK institution) and the return visits on a regular basis.

However I recommend that you limit your absences from the UK to the bare minimum henceforth unless necessary. I also believe that your WP will work in your favour as you will be easily able to demonstrate that you will have no/ have not had recourse to public funds (although the application does not as yet require such evidence).

All in all tnavon is on the right track that it is still early and things may change in the meantime - speculation as things stand now is just that. I expect the residence requirements to be amended for this category to allow absences in certain (compelling) circumstances or those deemed to contribute to the economy given that the main beneficiaries are UK educated students whom the immigration system will in the longer term favour as a skilled labour pool/ resource.

I hope that answers your Q.

[aboudi]

Thank you very much Kayalami for your opinion. i see why you command so much respect here!

[karamba]

Please don't ask premature questions. Wait three years until it becomes relevant. Everything might change by then.

If you think someone is asking a premature question, why not just keep your opinion to yourself??
[/quote]

[tvt]

Karamba,

Do your self a big favour and mind your own business.